AGUIRRE v. LOS ANGELES UNIFIED SCHOOL DIST.

No. 03-57138.

461 F.3d 1114 (2006)

Mara AGUIRRE, Plaintiff-Appellee, v. LOS ANGELES UNIFIED SCHOOL DISTRICT; Victoria McKendal, in her official capacity as Coordinator of the Los Angeles Unified School District Due Process Unit, e/s/a Victoria McKendall, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2006.


Attorney(s) appearing for the Case

Barrett K. Green, Steven A. Groode, Littler Mendelson, Los Angeles, CA, for the defendants-appellants.

Paul M. Roberts and Michael E. Jewell, Roberts, Adams & Jewell, Huntington Beach, CA, for the plaintiff-appellee.

Before PREGERSON, CLIFTON, and BYBEE, Circuit Judges.


BYBEE, Circuit Judge.

The question before us is one we have not previously addressed: Does the "degree of success" standard announced in Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983), apply to attorney's fees awards under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. See id. § 1415(i)(3)(B). We hold that it does, and we vacate the judgment and remand...

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