Georgia Association of Retarded Citizens v. Dr. Charles McDaniel in His Official Capacity as State Superintendent of Schools

CLARK, Circuit Judge:

This case concerns the retroactive application of the attorney’s fee provision of the Handicapped Children’s Protection Act (“HCPA”) of 1986, 20 U.S.C. § 1415(e). Because Congress did not clearly express an intention to have the HCPA apply to final judgments rendered prior to the date the Act became law, we hold, in light of the constitutional difficulties that would otherwise arise, that the Act may not be so construed.

I

This lawsuit was filed in 1978 to redress alleged violations of the Education of the Handicapped Act (“EHA”), 20 U.S.C. § 1401 et seq. and section 504 of…