Show:
Attorney's Fees
Qualifying Activities
Who Prevails?
Claiming Attorney's fees
Calculation of Attorney's Fees
100
This court case found that IDEA does not prohibit parents who are attorneys from obtaining attorney fees (although it did not award fees to the parent-attorney).
What is Matthew V. by Craig V. v. DeKalb County School System. (13:3)
100
Parents cannot collect attorney's fees in a case that they win if a district has done this.
What is propose a similar settlement prior to the completion of the case (13:8)?
100
Buckhannon Board and Care Home Inc. v. West Virginia Department of Health and Human Resources marked the end of the practice of awarding attorney's fees by this theory?
What is the catalyst theory (13:10)?
100
These are the only people authorized to award attorney's fees.
What are courts (13:16)?
100
Courts typically use this method to develop a reasonable fee for attorney fee calculation.
What is the lodestar method (13:19-13:20)?
200
Prior to Matthew V. by Craig V. v. DeKalb County School System, courts ruled that IDEA encouraged this kind of representation.
What is independent representation?
200
Generally, attorney's fees can not be collected at meetings of this sort with an IEP team.
What is an IEP meeting (13:6)
200
Cases following this one have ruled that attorney's fees should be awarded to prevailing parents unless the awarding of those fees would be unjust.
What is Hensley v. Eckerhart (13:15)?
200
IDEA sets this as the time limit for recovering attorney's fees.
What is no time limit (13:17)? (Courts can set a time limit but IDEA does not specify one.
200
IDEA regulations do not allow for bonus fees to be added into a case of this kind.
What is a difficult case with exceptional results (13:24)?
300
Attorney's fees may not be available under this section of IDEA, according to Bucks County Department of Mental Health/Mental Retardation v. De Mora.
What is Part C (13:5)?
300
This can be reimbursed for attorney's fees in complex cases.
What is time spent monitoring or enforcing a settlement (13:9)?
300
In this court case, the parent attorney was not awarded fees because a private settlement does not qualify as an administratively sanctioned change. Therefore, the parent who had gained placement for his son did not qualify as the prevailing party.
What is r. L. ex rel M. v Sloan (13:12)?
300
In addition to federal courts, these are authorized by IDEA to award attorney's fees.
What are state courts (13:16)?
300
It is the responsibility of this person to document the rate of the cost of the attorney in a fee application.
Who is the parent (13:20)?
400
Liability for attorney's fees frequently becomes an issue between the state educational agency and the school district when both are defendants in a case in which this was found to be neglected.
What is FAPE (Free and Appropriate Public Education) (13:4)
400
Attorney's fees may not be recovered in this type of settlement.
What is a private settlement (13:7)?
400
This court case established a two part system for determining whether special circumstances are present for denying prevailing parent fees.
What is Abu-Sahyun v. Palo Alto Unified School District (13:15)?
400
This has not been a successful argument for waiving the statute of limitations on claiming attorney's fees.
What is ignorance (13:18)?
400
Attorney's fees are market-based which means that these organizations may claim attorney's fees comparable to for-profit law firms.
What are non-profit law firms (13:21)?
500
These may be awarded to the prevailing party.
What are attorney's fees (13:1)?
500
This court case found that state complaint resolution procedures were not specified under the procedural safeguards of IDEA and could therefore not be awarded attorney's fees.
What is Megan C. v. Independent School District No. 625 (13:10).
500
According to Farrar v. Hobby, a person must obtain some relief from the outcomes of the case in order to be considered this.
What is a prevailing party (13:14)?
500
The presentation of these typically make the collection of attorneys fees more accurate.
What are records of time and expenses (13:19).
500
Out of town lawyers can be awarded this rate when no local lawyer can effectively present the case.
What is the rate in the attorney's own community (13:22)?