Abstract

http://ssrn.com/abstract=1612773
 


 



The School Pays the Piper, But How Much? Attorneys' Fees in Special Education Cases after the Handicapped Children's Protection Act of 1986


Thomas F. Guernsey


Albany Law School

1988

Wake Forest Law Review, Vol. 23, No. 237, 1988

Abstract:     
One of the first cases decided after passage of the attorney’s fee provision addressed the very narrow issue of whether attorneys’ fees were indeed available in an action under the amended Education for All Handicapped Children Act (EHA). The Fifth Circuit applauded the legislature’s fast action in regards to this matter and their clarity.
However, on closer examination, one comes to the conclusion that the court spoke prematurely concerning the clarity of the statute. The amendment is anything but clear and unambiguous on its face when one inquires into more detailed issues.

Number of Pages in PDF File: 35

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Date posted: May 22, 2010  

Suggested Citation

Guernsey, Thomas F., The School Pays the Piper, But How Much? Attorneys' Fees in Special Education Cases after the Handicapped Children's Protection Act of 1986 (1988). Wake Forest Law Review, Vol. 23, No. 237, 1988. Available at SSRN: http://ssrn.com/abstract=1612773

Contact Information

Thomas F. Guernsey (Contact Author)
Albany Law School ( email )
80 New Scotland Avenue
Albany, NY 12208
United States
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