Calloway v. District of Columbia

I concur in Parts I and II of the opinion for the Court and in the judgment in No. 99-5215, rejecting the families’ constitutional challenges. I dissent from Part III of the opinion and from the judgment in No. 99-5216 because I believe that for FY 1999 the Congress modified the authority of the district court to award attorneys’ fees under § 615 of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415.

I. Backgi’ound

The Congress reenacted § 615 of the IDEA with considerable revisions in 1997. See Individuals with Disabilities Education Act Amendments for 1997, Pub.L. No.…