Justices Seek U.S. Views on Expert Fees Under IDEA

Washington

The U.S. Supreme Court asked the Bush administration last week for its views on whether parents can be reimbursed under the main federal special education law for the fees of experts who take part in a challenge to a student’s individualized education program.

The request comes amid a relative flurry of activity at the high court involving cases under the Individuals with Disabilities Education Act. The justices declined last week to review two other cases involving the statute, and earlier this month they heard arguments in a case that will determine whether parents or school districts bear the burden of proof in legal challenges under the IDEA.( "Court Weighs Burden of Proof in IDEA Cases," Oct. 12, 2005.)

In the case about fees under the IDEA, the court on Oct. 11 asked the U.S. solicitor general for guidance on whether the law authorizes a court to award fees for experts employed by the parents of a child with a disability who are the victors in a dispute...