Legal Opinion

Aguirre v. Los Angeles Unified School District

Court of Appeals for the Ninth Circuit

Decided August 29, 2006No. 03-57138PublishedCited by 1 opinion

1Opinion of the Court

BYBEE, Circuit Judge.

The question before us is one we have not previously addressed: Does the “degree of success” standard announced in Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983), apply to attorney’s fees awards under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. See id. § 1415(i)(3)(B). We hold that it does, and we vacate the judgment and remand to the district court for further proceedings.

I. BACKGROUND

A. The Individuals with Disabilities Education Act

In the IDEA, Congress found that it was “in the national interest that the…

2Cases cited24 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Farrar v. HobbySupreme Court of the United States · 1992
  3. Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
  4. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  5. Miles v. Apex Marine Corp.Supreme Court of the United States · 1990

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3Cited by1 opinion

  1. Mara Aguirre v. Los Angeles Unified School DistrictCourt of Appeals for the Ninth Circuit · 2006

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