Parents May Not Recover Expert Fees Under IDEA, Supreme Court Rules

The main federal special education law does not authorize parents who prevail in a dispute over their child’s individualized education program to recover expert fees, a divided U.S. Supreme Court ruled today.

The court held 6-3 that the Individuals with Disabilities Education Act does not authorize courts to make school districts reimburse parents for the fees of experts, such as consultants, even when the parents prevail in disputes.

The court said Congress, in its original passage and subsequent reauthorizations of the special education law, did not “unambiguously” alert the states that when they accepted federal money under the statute, they were obligated to provide compensation for expert fees to parents...

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