Under the Individuals with Disabilities Education Improvement Act, or the IDEA, a court may award reasonable attorneys’ fees to a prevailing party in litigation. This is known as the fee-shifting provision of the IDEA—it unilaterally shifts the responsibility of paying the winning Plaintiff’s reasonable attorneys’ fees and costs to the losing Defendant.
What does this mean for your case?
In simple terms, if you commence an action against your school district and prevail, the school district will bear the responsibility of paying attorneys’ fees – it is rarely 100 cents on the dollar, but much of it should be paid. If you have paid your attorney the full amount of the outstanding fees, you should recover some or most of those fees. On the other hand, if you have not paid the fees, they of course would not be returned to you. If you commence an action against your school district and win a substantial amount of the relief sought, you would be the substantially prevailing party and the case is entitled to attorneys’ fees.
Do you need to prevail on every single issue to be considered a “prevailing party”?
No—it is important to note that, to be considered a “prevailing party” who is eligible for attorneys’ fees, you need not prevail on every single issue you raise with your school district—you need only achieve some of the benefit you sought in initially bringing the suit.
Will the losing school district pay for the entirety of your legal fees?
Even if you are a “prevailing party” entitled to attorneys’ fees, you may not recoup the entirety of your fees. Why is this? Attorneys’ fees awards are calculated according to a court-created formula that results in a losing school district paying reasonable attorneys’ fees, which is always subject to interpretation.
Why does the fee-shifting provision exist?
The IDEA’s fee-shifting provision is beneficial for two reasons: (1) it allows people who are unable to afford attorneys’ fees the opportunity to be legally represented, as it is extremely difficult for unrepresented parents to achieve resolution in IDEA cases, and (2) it attracts competent counsel to the field, without whom the parents of children with disabilities might struggle to access quality representation.
Have further questions about your rights?
Visit www.spencerwalshlaw.com or schedule a consultation with Tracey Spencer Walsh, founder of Spencer Walsh Law, PLLC.
