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R.P. EX REL. C.P. v. PRESCOTT UNIFIED SCHOOL DIST.

Nos. 09-15651, 09-16786.

631 F.3d 1117 (2011)

R.P., husband on behalf of his minor son, C.P.; J.P., wife, on behalf of her minor son, C.P., Plaintiffs-Appellants, v. PRESCOTT UNIFIED SCHOOL DISTRICT, an Arizona School District; Kevin J. Kapp, Superintendent, Prescott Unified School District; John Does, I-V; Jane Does, I-V; Black and White Corporations, I-X, Defendants-Appellees. R.P., husband on behalf of his minor son, C.P.; J.P., wife, on behalf of her minor son, C.P., Plaintiffs-Appellants, v. Prescott Unified School District, an Arizona School District; Kevin J. Kapp, Superintendent, Prescott Unified School District; John Does, I-V; Jane Does, I-V; Black and White Corporations, I-X, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted April 16, 2010.

Filed February 4, 2011.

Attorney(s) appearing for the Case

Gregory S. Fisher (argued), Birch Horton Bittner and Cherot, Anchorage, AK, and Gary L. Lassen , The Law Office of Gary L. Lassen, PLC, Phoenix, AZ, for the plaintiffs-appellants.

Rachel Love (argued), Eileen Dennis GilBride and Georgia A. Staton , Jones, Skelton & Hochuli, P.L.C., Phoenix, AZ, for the defendants-appellees.

Before: ALEX KOZINSKI, Chief Judge, CONSUELO M. CALLAHAN, Circuit Judge and RICARDO S. MARTINEZ, District Judge.

OPINION

KOZINSKI, Chief Judge:

We review the award of attorney's fees to a prevailing school district under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.

Facts

C.P. has autism. When he enrolled in elementary school, the school district created an individualized education program (IEP) for him. C.P. was placed in a special education class where...

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