J.D. v. Kanawha County Bd. of Educ.

J.D. v. Kanawha County Bd. of Educ.

Opinion

 [*383]  WILKINSON, Circuit Judge:

Mark and Tammy Davis, the parents of a disabled child, were awarded attorneys' fees by the district court under the Individuals with Disabilities Education Act ("IDEA") after prevailing on several claims before a hearing officer. The defendant school board challenges the award. It argues that attorneys' fees were improper because the parents rejected a settlement offer that was more favorable than the legal relief they ultimately obtained. The school board also argues that the parents were not  [**2] a "prevailing party" under the IDEA.

We affirm the award of attorneys' fees. Because the school board's settlement offer explicitly referred to terms from a confidential mediation in violation of 20 U.S.C. § 1415(e)(2)(G), the district court properly refused to consider the settlement offer as evidence. Further, that court did not abuse its discretion in approving what was, after all, a much reduced award for the parents that reflected the parents' limited success. To overturn the ruling would only encourage appeals on matters best left to trial court discretion and collateral to the merits of the case.

J.D. is an autistic child who in 2005 was enrolled in public school in Kanawha County, West Virginia. His parents, Mark and Tammy Davis, believed that J.D. was not receiving a free appropriate public education ("FAPE") and other services due him under the IDEA. In March 2005, his parents attended a mediation session with representatives of the Kanawha County Schools at which the parties drafted a settlement agreement. But J.D.'s parents decided not to sign the agreement--instead, they filed a due process complaint with the Kanawha County Board of Education ("the Board") on March 29,  [**3] 2005, alleging various violations of the IDEA.

On May 13, the Board sent a letter to the parents, stating:

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.