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
Thomas Jefferson School of Law; Albany Law School
Wake Forest Law Review, Vol. 23, No. 237, 1988
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
Date posted: May 22, 2010