In an action seeking attorney’s fees based on an administrative proceeding under the Individuals with Disabilities in Education Act in which an Administrative Law Judge concluded that defendant school district misclassified the disability of plaintiffs’ son, dismissal of the action is reversed where: 1) plaintiffs were a prevailing party because the change in the student’s disability classification legally entitled the child to instruction by teachers qualified to teach students with both mental retardation and autism; and 2) even though parents were not eligible to receive attorneys’ fees when they represented their children themselves, a parent was eligible to receive attorneys’ fees when a non-parent relative provided legal representation for their child.
Read Weissburg v. Lancaster Sch. Dist., No. 08-55660
Appellate Information
Argued and Submitted October 8, 2009
Filed January 14, 2010
Judges
Opinion by Judge Pregerson
Counsel
For Appellants:
Diane B. Weissburg, Diane Bargara Weissburg Law Offices, Marina del Rey, CA
For Appellees:
Carol J. Grogan, Schools Legal Service, Bakersfield, CA
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