Meridian Joint School District No. 2 v. D.A.

M.A. or Matthew has Asperger’s Syndrome, a high functioning form of autism. For many years, his parents and the Meridian School District (MSD) have disagreed as to whether Matthew was entitled to special education services under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 . The appeals before us were filed by MSD and challenge the district court’s (1) determination that Matthew Was entitled to the preparation of an Independent Educational Evaluation (IEE) at public expense; (2) award of attorneys’ fees to Matthew’s parents; and (3) injunction against Matthew’s graduation from high school. We affirm in part and reverse in part. We find no error in the district court’s affirmance of the hearing officer’s determination that Matthew was entitled to an IEE at public expense. However, we conclude that although the parents’ request for attorneys’ fees was timely, and that they are “prevailing parties,” they are not eligible for an award of attorneys’ fees under 20 U.S.C. § 1415 (i)(3)(B). Finally, we vacate the injunction against Matthew’s graduation.

I

Matthew was born in 1994. In 2004, he moved from California to Idaho. Matthew had received…