Supreme Court has granted review in Arlington Central School District v. Murphy
The U.S. Supreme Court has granted review in
Arlington Central School District v. Murphy, Docket No. 05-18, a case involving whether parents are entitled to reimbursement for expert witness fees when they succeed in a legal claim under the Individual with Disabilities Education Act (IDEA). While IDEA provides for the awarding of attorneys' fees to parents who successfully prosecute a claim under the law, the statute is silent regarding the awarding of expert fees. The U.S. Court of Appeals for the Second Circuit ruled for the parents, finding that expert fees are implicitly covered. The lower courts are in dispute on this question.
New York TimesBy Linda Greenhouse
[Link to full story][
Editor's Note: In its opinion, the Second Circuit disagreed with decisions by the Seventh and Eighth Circuits. While acknowledging that IDEA does not expressly authorize such fees, the Second Circuit concluded that legislative history and case law weigh in favor of permitting recovery of expert witness fees. For a summary of that opinion, see below.]
[NSBA School Law pages on Murphy v. Arlington Central School District Board of Education]