A.B. v. Brownsburg Community School Corp.

Dist. Ct. erred in finding that plaintiffs-parents were not entitled to attorney’s fees as prevailing parties in their action under Individuals with Disabilities Act (IDEA) seeking special education services for their disabled child. Record showed that after plaintiffs had filed petition for due process hearing related to seeking said services, plaintiffs reached stipulation with defendant-school district in which defendant agreed to provide plaintiff’s child with every student-related remedy set forth in plaintiff’s due process request, and that independent hearing officer eventually found that child was eligible for said services and dismissed plaintiff’s due process petition without hearing. While Dist. Ct. based denial of attorney’s fees request on existence of stipulation, Ct. of Appeals observed that: (1) there was nothing in stipulation that was binding on defendant; and (2) it was not until independent hearing officer issued its finding of child’s eligibility for special education services that legal relationship was materially altered between parties that rendered plaintiffs as prevailing parties in instant lawsuit. As such, plaintiffs were entitled to attorney’s fees associated with filing and prosecuting said petition. Ct. emphasized that on remand, Dist. Ct. will have discretion when awarding any attorney’s fees.