The attorneys at the Law Offices of H. Jeffrey Marcus, P.C. provide representation to parents who believe their kids are not being properly served. In this blog, I present current developments in special education law. The focus is on recent federal and New York State cases and important legislative and regulatory developments.
If you are a parent in need of help for a child with a disability, please email us at firstname.lastname@example.org, call us at 716-634-2753 or contact us through our website.
Law Offices of H. Jeffrey Marcus P.C.
Friday, January 15, 2010
Denial of a FAPE is Not Required for a Parent to recover fees
Weissburg v. Lancaster School District, ________ (9th Cir. 2010): In a case decided January 14, 2010, the 9th Circuit held that a parent can recover attorney fees even when there is no denial of FAPE (see also cases cited at footnote 2). Here, the parent prevailed on the claim that her child should be classified autistic. The Court found that prevailing on an eligibility determination altered the legal relationship between the parties. Also, of interest, the Court held that the IDEA authorizes attorney fees for legal services provided by a family member who is not a parent of the child at issue.
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