Park Hill Sch. Dist.v. Dass, et al., No. 10-2187 (8th Cir. 2011)
Annotate this CaseTwo administrative hearing panels (Panels) concluded that the school district failed to provide plaintiffs' twin sons with a free appropriate public education (FAPE) in 2005, pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., but did provide one in 2006. The district court upheld these decisions and later awarded attorney's fees to plaintiffs. Plaintiffs and the school district cross appealed. The court held that the school district offered the twins a FAPE in 2005 and therefore, reversed the award of a reduced attorney's fee. The court affirmed, however, the district court's ruling that plaintiffs waived or abandoned their appeal of the Panels' 2006 FAPE decision.
Court Description: Civil case - Individuals with Disabilities Education Act. The school district offered the family a free appropriate public education (FAPE) in 2005, and the district court erred in upholding the ruling by the state administrative panel that found a FAPE had not been offered; the award of attorneys' fees in connection with this claim must be set aside as the parents did not prevail on the claim; district court did not err in finding that the parents had abandoned their claim regarding the 2006 FAPE by failing to brief the issue in their district court pleadings.
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