United States DC Circuit

Order requiring a public school district to reimburse appellees for expert fees incurred in an action brought pursuant to the Individuals with Disabilities Education Act is reversed where appellant district did not waive its right to deny appellees' claim, and the decision denying reimbursement was not arbitrary or capricious. In light of recent decisions on the IDEA, the court was no longer authorized to order reimbursement of expert fees for the prevailing party.

Appellate Information

• Argued 12/11/2007
• Decided 02/08/2008
• Published 02/08/2008

Judges

• Before:  GINSBURG, Chief Judge, and HENDERSON and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Donna M. Murasky, Senior Assistant Attorney General, Office of Attorney General for the District of Columbia, argued the cause for the appellants.   Linda J. Singer, Attorney General at the time the brief was filed, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General, were on brief.


• For Appellees:
  
• Diana M. Savit argued the cause for the appellees.