No. 23-284

H. C., Individually and on Behalf of J. C., a Child With a Disability, et al. v. New York City Department of Education

Lower Court: Second Circuit
Docketed: 2023-09-22
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: attorneys-fees court-discretion disability-rights discretion due-process due-process-hearing educational-agency idea-act individuals-with-disabilities-education-act prevailing-rates settlement-offers
Key Terms:
ERISA SocialSecurity DueProcess Patent JusticiabilityDoctri
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

How does 20 U.S.C. § 1415(i)(8)(G) affect an award of attorneys' fees under the IDEA?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Individuals with Disabilities Education Act (“IDEA”) provides multiple time-sensitive dispute resolution measures, including due process hearings that are subject to a United States District Court’s discretion, under 20 U.S.C. § 1415G)(3)(B), to award reasonable attorneys’ fees as defined under five subsequent subsections, 20 U.S.C. § 1415()(8)(C) — (G), which specify “rates prevailing in the community” without “bonus or multiplier,” prohibit certain fees unless a prevailing parent was substantially justified in rejecting an offer by the school district, and direct that a court finding of or “excess[]” in fees result in a reduction except “in any action or proceeding if the court finds that the State or local educational agency unreasonably protracted the final resolution of the action or proceeding or there was a violation of this section.” 20 U.S.C. § 1415@)(8)(C) — (G). The questions presented are: 1. How does 20 U.S.C. § 1415@)(8)(G) affect an award of attorneys’ fees under the IDEA? 2. What, if any, limit(s) constrain(s) a federal court’s discretion in making an initial determination of; the “rates prevailing in the community” under 20 U.S.C. § 1415(@(8)(C)? 3. Cana settlement offer’s express exclusion of any post-settlement interest ever make a_ parent substantially justified in rejecting such offer?

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-08
DISTRIBUTED for Conference of 12/1/2023.
2023-09-27
Waiver of right of respondent New York City Department of Education to respond filed.
2023-09-19
Petition for a writ of certiorari filed. (Response due October 23, 2023)

Attorneys

H. C., Individually and on Behalf of J.C., a child with a Disability, et al., et al.
Andrew Kiernan CuddyCuddy Law Firm, P.L.L.C., Petitioner
New York City Department of Education
Philip W. YoungNew York City Law Department, Respondent