Courts have generally been liberal in applying the prevailing party
standard in favor of parents. A party is considered to be “prevailing”
if he or she succeeds “[O]n any significant issue … which receives some
of the benefit the parties sought in bringing the [claim]. Such success
results in a material alteration of the legal relationship of the
parties in a manner which Congress sought to promote in the fee
statute” Parents of Student
W. v. Puyallup School District No. 3, 31 F. 3d 1489 (9th Cir.
1994)
Parents generally do not need to prevail on each and every claim in order to be entitled to attorney’s fees. As long as the parents succeed on a claim that is fairly significant, such success may be sufficient to cause the parent to be considered a “prevailing party”. In fact, the vast majority of impartial hearings do not result in a complete win for the parents or the schools. More commonly, a hearing request will result in a mixed decision, with rulings in favor of both parties on different claims. Under these circumstances, the determination of whether the parents are the “prevailing party” becomes more complex. The parties need to examine whether the claims favorable to the parents were integral to the proceedings, and/or were significant enough to change the parties’ relationship. In conduction of this examination, the school district’s attorney will likely be able to prepare arguments in support of either a complete denial of attorney’s fees, or at least a substantial reduction in attorney’s fees.
It is important to keep in mind that in order to be a “prevailing party”, the parents are required to obtain relief through some Order of a Hearing Officer or court. Thus, to the extent that the parties can settle their differences before or during a hearing, and avoid having the settlement “approved” by the Hearing Officer or court, it may be possible to avoid having to pay any portion of the parents’ attorney fees. In such a case, the Hearing Officer or court would simply agree to dismiss the proceeding, and would not pass upon the propriety of the settlement agreement. Parent advocates are generally aware of this issue, however, and it will often be necessary to negotiate the issue of the parent’s attorney fees in reaching a settlement agreement.
Prepared by: Zukowski Law Offices, © 2009
Note: These general suggestions are for general informational
purposes only and should not be regarded as a substitute for specific
legal advice to your District. Instead, administrators should
consult with legal counsel whenever any question arises as to the
District’s responsibility or the rights of any parent or student.