ERIC Number: EJ904679
Record Type: Journal
Publication Date: 2010-Jun
Attorney Fees, School Boards, and Special Education
Osborne, Allan G., Jr.; Russo, Charles J.
School Business Affairs, v76 n5 p36-38 Jun 2010
A major expense associated with litigating disputes under the Individuals with Disabilities Education Act (IDEA) is the right of parents who succeed in suits against their school boards to recover attorney fees. Yet until recently, boards were generally unable to recover attorney fees from parents even when they succeeded in demonstrating that they met IDEA mandates. In one of the more significant changes affecting the cost of delivering special education, the IDEA now allows school boards to recover attorney fees if they can convince courts that parental suits were unreasonable. In light of the significance of statutory language allowing school boards to recover fees, this article reviews the IDEA's key features and accompanying case law addressing attorney fees. It then briefly reflects on the meaning of the attorney fees provisions for school business officials and other education leaders who are responsible for overseeing school board finances.
Descriptors: Fees, Court Litigation, Disabilities, Boards of Education, Lawyers, School Business Officials, Special Education, Federal Legislation, Parents, Educational Finance
Association of School Business Officials International (ASBO). 11401 North Shore Drive, Reston, VA 20190. Tel: 866-682-2729; Fax: 703-478-0205; e-mail: email@example.com; Web site: http://www.asbointl.org
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act