JESTER v. GOVERNMENT OF DISTRICT OF COLUMBIA

No. 05-7183.

474 F.3d 820 (2007)

Elizabeth T. JESTER, Next Friend of R.B., Appellee v. THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 23, 2007.


Attorney(s) appearing for the Case

William J. Earl, Assistant Attorney General, Office of Attorney General for the District of Columbia, argued the cause for appellant. With him on the brief were Robert J. Spagnoletti, Attorney General at the time the brief was filed, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General.

Elizabeth T. Jester, appearing pro se, argued the cause and filed the brief for appellee.

Before: SENTELLE and RANDOLPH, Circuit Judges, and EDWARDS, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

The Individuals with Disabilities Education Act (IDEA) authorizes district judges to award attorney's fees to a "prevailing party" who is the parent of a disabled child, or in some circumstances, who is a state or local educational agency. 20 U.S.C. § 1415(i)(3)(B). The District of Columbia Appropriations Act of 2005, Pub.L. No. 108-335, 118 Stat. 1322, 1344 (2004), limits...

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