Reed v. District of Columbia, No. 15-7119 (D.C. Cir. 2016)Annotate this Case
The Individuals with Disabilities Education Act (IDEA), intended “to ensure that all children with disabilities have available to them a free appropriate public education,” 20 U.S.C. 1400(d)(1)(A), permits parents and legal guardians to recover reasonable attorneys’ fees and costs if they prevail in certain statutorily prescribed proceedings. In calculating a fee award, courts consider the “number of hours reasonably expended in litigation” and the “reasonable hourly rate,” determined in part by reference to the prevailing market rate for attorneys’ services. The plaintiffs, having prevailed in IDEA proceedings, sought attorneys’ fees and costs related to those proceedings and an award of “fees-on-fees” for work done in connection with their pursuit of fees for the IDEA proceedings. The district court granted both requests, but did not award the full amounts requested. The D.C. Circuit reversed in part, agreeing that the district court erred in excluding certain hours spent at “settlement conferences.” The court upheld determinations that the IDEA matters were not “complex federal litigation” to which the Laffey Matrix should apply and to apply the same rate to the initial fee and fees-on-fees awards. Plaintiffs forfeited claims raised for the first time on appeal: that their affidavits independently demonstrated a prevailing IDEA market rate that aligns with the Laffey Matrix and that the rates awarded were insufficient to attract competent counsel.