A Good IDEA: Analyzing the Ineffective Enforcement of IDEA Due to Limitations on the Recovery of Attorneys’ Fees

Authors

Anna Anderson, University of Nebraska College of Law

Date of this Version

1-26-2024

Document Type

Article

Citation

Nebraska Law Bulletin (January 26, 2024)

Comments

Copyright 2024, the author

Abstract

Recovering attorneys’ fees must be limited to some degree, but excessive limitations make enforcing a child’s rights under IDEA more difficult and inaccessible. Where necessary, limitations should be sensible, consistent, and clear to parents and school districts. Further, limitations should encourage efficient resolution, not prolonging the conflict or discouraging alternate dispute resolution. Courts should interpret issues relating to attorneys’ fee recovery favorably to prevailing parties and remain mindful of the goals IDEA seeks to accomplish. Expanding the ability to recover attorneys’ fees will support parents when they advocate for their child’s right under IDEA and, therefore, best support the policy goals and enforcement of IDEA.