Academic journal article Journal of Law and Education


Academic journal article Journal of Law and Education


Article excerpt

Review Denied

Decisions with published opinion in lower court

DOCKET NO: 18-90

NAME: Colonial Sch. Dist. v. Rena C.

DATE FILED: 10/04/2018

CITATION: - U.S. 87 U.S.L.W. 3096

Mother of student with disabilities filed suit seeking reimbursement of attorney's fees under Individuals with Disabilities Education Act. Rena C., as the mother of a disabled child, disagreed with the Individualized Education Plan developed by the colonial school district and sent her child to a private school. She filed an administrative action for reimbursement of tuition and won two years tuition at a private school. At the end of the two-year period, she proposed moving her child to another private school, while the Colonial School District maintained that placement at a public school was appropriate. Rena C. again filed for an administrative review. Prior to the completion of the administrative hearing, the school district made a settlement offer in the amount of full tuition and transportation costs. Rena C. did not respond to the offer. The administrative hearing officer found in favor of Rena and ordered the same remedy that was contained in the offer. Rena then filed in district court seeking reimbursement for attorney's fees. She was awarded attorney's fees only for the portion of the legal work which occurred before the school district made a settlement offer as the award she received was not better than the offer. Rena appealed. Held: For Rena C. The court found that although the school district's offer was valid and Rena C. did not receive more favorable relief in the administrative order, since the settlement offer did not cover attorney's fees she had a valid good faith reason for rejecting the offer and could therefore recover all attorney's fees. Rena C. v. Colonial School District, 890 F. 3d 404 (3rd Cir. 2018), cert, denied, - U.S. -, 87 U.S.L.W. 3096 (2018).

pDOCKET NO: 17-1699

NAME: P. v. West Hartford Bd. of Educ.

DATE CERT. DENIED: 10/11/2018

CITATION: - U.S. 87 U.S.L.W. 3125

Parents of student with emotional problems sued under Individuals with Disabilities Education Act (IDEA) claiming child had been denied free appropriate public education due to procedure violations. …

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