Meridian Joint Sch. Dist. v. D.A.

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MSD appealed the district court's determination that Mathew, who has Asperger's Syndrome, was entitled to the preparation of an Independent Educational Evaluation (IEE) at public expense under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400; an award of attorneys' fees to Mathew's parents; and an injunction against Mathew's graduation from high school. The court found no error in the district court’s affirmance of the hearing officer’s determination that Matthew was entitled to an IEE at public expense; the parents’ request for attorneys’ fees is more analogous to an independent claim than an ancillary proceeding and thus was timely filed; by procuring an IEE at public expense, the parents were “prevailing parties;" because the plain language of the IDEA limits awards of attorneys’ fees pursuant to 20 U.S.C. 1415(i)(3)(B)(i)(I) to instances in which the child has been determined to need special education services, and Matthew had not been found to need such services, the parents are not eligible for an award of attorneys’ fees under the IDEA; and the "stay-put" injunction preventing Matthew’s graduation from high school must be lifted. Accordingly, the court affirmed in part, reversed in part, and vacated in part. View "Meridian Joint Sch. Dist. v. D.A." on Justia Law