Law Offices of H. Jeffrey Marcus P.C.
Wednesday, October 22, 2008
Court holds against district for failure to evaluate in a timely fashion
Integrated Design and Electronics Academy Public Charter School v. McKinley, 570 F.Supp.2d 28 (D.D.C. Aug 08, 2008): The D.C. District Court held for the parent on a claim that the school failed to evaluate in a timely fashion. The Court also found that the parent was a prevailing party and was thus entitled to attorney fees. This case is of note given a recent history of courts forgiving district violation of procedural obligations. Also, it is of significance that the court awarded attorney fees without an ultimate determination that the child was eligible under the IDEA.