Tuesday, June 27, 2006

No Expert Fees!

Well, it's not unexpected (at least not to me), but the Supreme Court issued a decision in Arlington Central School District Board of Education v. Murphy and held that the fee shifting provision of IDEA did not include expert fees. This is particularly bad news to us in the Second Circuit where the law was that when you prevail in an action, expert fees are paid by the school district. The decision was written by Justice Alito. Justice Breyer wrote the dissent. Justice Ginsburg concurred in part and concurred in the judgment. To read the decision, click here.


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