Section 47 Attorney Fees

• Library: Administrative Law 2011

A federal court may award reasonable attorney fees to a parent who prevails at the administrative due process hearing or after judicial review. 20 U.S.C. § 1415(i)(2) and (3)(B); John T. ex rel. Robert T. v. Iowa Dep’t of Educ., 258 F.3d 860, 866 (8^th Cir. 2001) (“Courts may award attorneys’ fees under IDEA for legal work performed in connection with administrative proceedings.”).

To be a prevailing party, the parent must obtain “actual relief on the merits of his claim that materially altered the legal relationship between parties by modifying the defendant’s behavior in a way that directly benefits the plaintiff.” Farrar v. Hobby, 506 U.S. 103, 111–12 (1992). Prevailing on a...