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

35 Pages Posted: 22 May 2010  

Thomas F. Guernsey

Thomas Jefferson School of Law; Albany Law School

Date Written: 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.

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: https://ssrn.com/abstract=1612773

Thomas F. Guernsey (Contact Author)

Thomas Jefferson School of Law ( email )

1155 Island Ave
San Diego, CA 92101
United States

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

Paper statistics

Downloads
38
Abstract Views
344