Court to Weigh Expert Fees in IDEA Cases

Appeal has high stakes for districts, parents as consultants’ use grows.

The U.S. Supreme Court will take up the question of whether parents can be reimbursed under the main federal special education law for the fees of experts they hire as part of challenges to their children’s individualized education programs.

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 in Schaeffer v. Weast that the burden of proof in IDEA legal disputes rests with the party seeking relief, which is usually the parents. ( "High Court Boosts Districts in IDEA Cases," ...