Special Education

Supreme Court to Hear Case on Reimbursement for Special Education Experts

By Mark Walsh — January 09, 2006 3 min read
  • Save to favorites
  • Print

The U.S. Supreme Court has granted review of an appeal that will determine whether parents can be reimbursed under the main federal special education law for the fees of experts they hire as part of a challenge to a student’s individualized education program.

The justices agreed on Jan. 6 to add Arlington Central School District v. Murphy (Case No. 05-18) to the docket for their current term. The case will be argued in April, with a decision likely by late June.

It will be the second case interpreting the Individuals with Disabilities Education Act to be heard by the court this term. On Nov. 14, the court ruled 6-2 that the burden of proof in IDEA legal disputes rests with the party seeking relief, which is usually the parents.

The new case also has broad implications for school districts and parents of children in special education.

The Bush administration had recommended last month that the court take up the case to resolve a split among the federal appeals courts over whether the IDEA 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 with a school district.

The special education law expressly authorizes the recovery of attorneys’ fees, and the question in the case is whether such fees can be defined to include experts’ fees. A legislative report in Congress in a 1986 reauthorization of the IDEA’s predecessor statute suggested that lawmakers intended for attorneys’ fees to include “reasonable expenses and fees of expert witnesses and the reasonable costs of any test or evaluation which is found to be necessary for the preparation of the case.”

Various federal appeals courts have disagreed about how much deference to give the legislative report.

In the current case, Pearl and Theodore Murphy, the parents of a child with unspecified disabilities, had a long-running dispute with the 10,000-student Arlington, N.Y., district over the placement of their son, Joseph. The parents employed an educational consultant to represent them in special education proceedings. They eventually prevailed in a federal district court and in a March 2005 ruling by a unanimous three-judge panel of the U.S. Court of Appeals for the 2nd Circuit, in New York City.

Although the school district resisted when the Murphys submitted a bill to the court for $29,350 in expert fees for the consultant’s services, the district court concluded that the parents were entitled to recover part of that sum, or $8,650.

The 2nd Circuit held that Congress had sufficiently indicated in the legislative report that prevailing parties could recover expert fees under the IDEA. The court also found that awarding expert fees was consistent with the law’s purpose of ensuring that all children with disabilities get a free, appropriate public education.

The Bush Administration’s Position

The U.S. Courts of Appeals for the 7th, 8th, and District of Columbia Circuits, in Chicago, St. Louis, and Washington, respectively, have ruled the opposite way: that expert fees cannot be recovered under the IDEA.

That was the position taken by the Bush administration in its brief last month urging the Supreme Court to take up the case.

“The text of IDEA unambiguously authorizes only the award of attorneys’ fees—and not expert fees—to parents who prevail in IDEA litigation,” said the brief filed by U.S. Solicitor General Paul D. Clement.

The statute “nowhere mentions ‘expert fees,’ ” the brief goes on. “That omission is particularly telling because Congress knows how to expressly authorize the award of both ‘attorneys’ fees’ and ‘expert fees,’ and has done so in numerous other statutes.”

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Mathematics Webinar
Equity and Access in Mathematics Education: A Deeper Look
Explore the advantages of access in math education, including engagement, improved learning outcomes, and equity.
Content provided by MIND Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education These Grants Could Help Students With Disabilities Access Jobs, Training
The Ed. Dept. is investing $236 million to help with transitions to careers and post-secondary education.
3 min read
Collage of a woman in a wheelchair on a road leading to a large dollar sign. In the woman's hair is a ghosted photo of hands on a laptop.
Collage by Gina Tomko/Education Week + Getty
Special Education Download DOWNLOADABLE: Does Your School Use These 10 Dimensions of Student Belonging?
These principles are designed to help schools move from inclusion of students with disabilities in classrooms to true belonging.
1 min read
Image of a group of students meeting with their teacher. One student is giving the teacher a high-five.
Laura Baker/Education Week via Canva
Special Education Inside a School That Doesn’t Single Out Students With Special Needs
Students with disabilities at this school near Seattle rarely have to leave mainstream rooms to receive the services they need.
8 min read
During recess at Ruby Bridges Elementary School in Woodinville, Wash., students have cards with objects and words on them so that all students, including those who cannot speak, can communicate. Pictured here on April 2, 2024.
During recess at Ruby Bridges Elementary School in Woodinville, Wash., students have access to cards with objects and words on them so that all students, including those who do not speak, can communicate. Pictured here, a student who has been taught how to lead and use commands with a campus service dog does so under the supervision of a staff member on April 2, 2024.
Meron Menghistab for Education Week
Special Education 5 Tips to Help Students With Disabilities Feel Like They Belong
An expert on fostering a sense of belonging in schools for students with disabilities offers advice on getting started.
4 min read
At Ruby Bridges Elementary School in Woodinville, Wash., special education students are fully a part of the general education classrooms. What that looks like in practice is students together in the same space but learning separately – some students are with the teacher, some with aides, and some are on their own with a tablet. Pictured here on April 2, 2024.
A student works with a staff member at Ruby Bridges Elementary School in Woodinville, Wash. on April 2, 2024. Special education students at the school are fully a part of general education classrooms.
Meron Menghistab for Education Week