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KASEMAN v. DISTRICT OF COLUMBIA

No. 05-7016.

444 F.3d 637 (2006)

Carl KASEMAN, K.K., a minor, by her parents and next friends, et al., Appellees v. DISTRICT OF COLUMBIA, A Municipal Corporation and Clifford B. Janey, in his official capacity, CEO/Superintendent, D.C. Schools, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 2006.

Attorney(s) appearing for the Case

William J. Earl, Senior Assistant Attorney General, District of Columbia, argued the cause for appellants. With him on the brief were Robert J. Spagnoletti, Attorney General and Edward E. Schwab, Deputy Attorney General.

Donna L. Wulkan argued the cause and filed the brief for appellees.

Before: HENDERSON, ROGERS and BROWN, Circuit Judges.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

The Individuals with Disabilities Education Act (IDEA) provides that a parent who successfully challenges the Act's implementation may be awarded reasonable attorneys' fees. However, the District of Columbia Appropriations Act, 2005, caps the District's payment of IDEA attorneys' fees at $4,000 per "action." This case requires us to determine whether a judicial proceeding to recover...

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