Tina M. Ex Rel. S.M. v. St. Tammany Parish School Board
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EDWARD C. PRADO, Circuit Judge:
Plaintiffs-Appellees Tina M. and Shannon M. brought suit on: behalf of their minor son seeking attorneys’ fees pursuant to the Individuals with Disabilities Education Act’s (“IDEA”) fee-shifting provision. The district court held that Plaintiffs were the prevailing party by virtue of having obtained a “stay-put” order under the IDEA and awarded Plaintiffs attorneys’ fees. Because we hold that obtaining a stay-put order under the IDEA is not sufficient to qualify a litigant as a “prevailing party,” we reverse.
I. FACTUAL AND PROCEDURAL BACKGROUND
Plaintiffs-Appellee…
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