[co-author: Victoria Boyko]

In T.B. v. San Diego United School District, 2015 DJDAR 8756, the United States Court of Appeals for the Ninth Circuit decided a fee case arising under the Individuals with Disabilities in Education Act (IDEA).

The case involved a protracted dispute between parents and the San Diego Unified School District regarding an individualized education plan under the IDEA.  The parents alleged that the School District violated their child’s civil rights under both the Americans with Disabilities Act and the Rehabilitation Act.  Summary judgment was granted to the School District.  However, the court also awarded the parents more than $50,000 in attorney fees and costs for a “partial victory” they had secured in the course of the administrative litigation.  The parents then filed an appeal on the fee award (and other issues).

The Ninth Circuit affirmed in part and reversed in part.  The case was remanded for further proceedings.  The Ninth Circuit panel noted that under the IDEA the court may award reasonable attorney fees to a “prevailing party.”  However, the statute prohibits an award if “the relief finally obtained . . . is not more favorable . . . than the offer of settlement.”  The Ninth Circuit found that the settlement offer made by the School District was not more favorable from the perspective of the parents when viewed from the standpoint of the relief sought in the case.  The Ninth Circuit also noted that the parents were justified in rejecting the settlement because it had “inferior” characteristics.  The Ninth Circuit concluded that the court should not have denied the fees requested.