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FAPE Litigation Under IDEA Statute: Who is a prevailing party?

Posted by Bo Links - February 1, 2010


When parents sue to assert their child’s right to a free and appropriate public education (FAPE) under the Individuals With Disabilities Education Act (IDEA, 20 USC §§ 1400-1491), they are entitled to recover attorney’s fees and costs if they are a “prevailing party.”

In Weissburg v. Lancaster School Di


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