Attorneys’ Fees In Special Education
by
Herbert D. Hinkle, Esq. and Ira Fingles, Esq.
Hinkle & Fingles, Attorneys at Law
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
The Federal Individuals With Disabilities Education Act (“IDEA”)
provides that the parents who prevail against their school district in
a special education dispute are entitled to reimbursement for
attorneys’ fees and related costs (e.g., expert witness fees).
In 2001, the United States Supreme Court interpreted a virtually
identical federal attorney fee statute in Buchannon Board and Care
Home v. West Virginia Dept. of Health and Human Resources. The
Buchannon court ruled that it is not sufficient that the filing of a
petition lead to a mutual change in the position of the school
district, but that there was some form of judicial involvement, in
effect a “judicial imprimatur.” What does this mean?
A recent case handled by this office illustrates this point. In that
case, the District sought to discontinue John’s after-school program.
On the first day of trial, a settlement was reached which continued
the after-school services. The settlement was approved by the
Administrative Law Judge who had been assigned to try the case.
The District refused to reimburse the family for its legal fees. A
separate lawsuit was filed in federal district court. The District
argued, among other things, that the level of judicial involvement was
insufficient to meet the requirements of Buchannon. The District Court
disagreed, noting that the Administrative Law Judge’s acceptance of
the settlement gave the parents the right to enforce it if necessary.
Accordingly, John was awarded full reimbursement for legal and expert
fees incurred.
More articles discussing special education and disability-related
topics are available on this website.
______
Herbert D.
Hinkle, his partner, Ira M. Fingles, and their colleagues, S. Paul
Prior and Valerie A. Powers Smith, maintain a statewide
law practice with offices in Lawrenceville, Marlton, and Florham Park,
New Jersey, and Yardley, Pennsylvania. They lecture and write frequently
on topics of law, aging, disability and estate planning and are available
to speak to groups in New Jersey and Pennsylvania
at no charge.
Comments and suggestions
for future articles should be mailed to: Hinkle & Fingles, 2651 Main Street, Suite A, Lawrenceville, New Jersey 08648-1012.
Copyright 2005
Herbert D. Hinkle. All rights reserved.
