New opinion — IDEA plaintiffs who got a hearing can get attorneys’ fees

H.E. v. Walter D. Palmer Leadership Learning Partners Charter School — disability — reversal — Krause

Parents of children with disabilities filed an administrative complaint against a charter school for allegedly failing to meet its obligations under the Individuals with Disabilities Education Act. The administrative hearing officer dismissed their complaint, so the parents sued in federal court, asking the court to vacate the hearing officer’s dismissal and remand for a hearing. The district court did as the plaintiffs asked, but it refused to award them attorneys’ fees as the prevailing party. Today, the Third Circuit reversed, holding that the fee denial was an appealable final order and that the plaintiffs’ purely procedural victory sufficed to entitle them attorneys’ fees under the IDEA.

Joining Krause were Ambro and Scirica. The case was decided without oral argument.