Jeffrey Gera, Plaintiff-appellant, v. Paramount Unified School District, Defendant-appellee, 117 F.3d 1425 (9th Cir. 1997)

MEMORANDUM^* 

Jeffrey Gera appeals from a favorable award of $25,000 in attorney's fees as a prevailing party under 20 U.S.C. § 1415(e) (4) (B) in his action brought under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1491o (1997). Gera contends that the district court erred by reducing the amount of requested fees and costs. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.

We apply the same standards to review an award of attorney fees under the IDEA as under 42 U.S.C. §§ 1988 and 2000e. See Barlow-Gresham Union High School Dist. No. 2 v. Mitchell, 940 F.2d 1280, 1284 (9th Cir. 1991). We review the amount of an attorney's fee award for abuse of discretion. See Ouesada v. Thomason, 850 F.2d 537, 538 (9th Cir. 1988) (reviewing an award of fees under § 1988).

Here, the district court simply awarded $25,000, reducing the fee from the over $80,000 requested, with no explanation. We are unable to review the fee award without some indication that the court applied the criteria set forth in Kerr v. Screen Extras Guild, Inc., 526 F.2d 67 (9th Cir. 1975). See Ouesada, 850 F.2d at 539 (stating that "something more than a bald unsupported amount is necessary to affirm an award of attorney's fees") (quotation omitted). The district court's failure to provide a clear explanation was an abuse of discretion. See Gates v. Deukmejian, 987 F.2d 1392, 1400 (9th Cir. 1993).

Accordingly, we remand to the district court for an explanation of its reasons for the fee award. See id.

VACATED AND REMANDED.