Barlow-Gresham Union High School District No. 2 v. Wesley Mitchell, Individually, and Bari Mitchell and Michael Mitchell, His Parents

Barlow-Gresham Union High School (“Barlow-Gresham”) appeals the district court’s order requiring it to pay attorneys’ fees to the parents of Wesley Mitchell, a handicapped student. The fee award, authorized by the Handicapped Children’s Protection Act of 1986 (“HCPA”), 20 U.S.C. § 1415 (e)(4)(B), followed the settlement of an action brought to determine whether Wesley should remain in the classroom setting or be tutored privately.

The action was brought by the school district against Wesley and his parents under the Education for All Handicapped Children Act (“EAHC”), 20 U.S.C. § 1400 et seq. The school district sought an injunction authorizing it to keep Wesley from attending school on the school grounds for the remainder of the 1988-89 academic year. Prior to a final ruling on the merits, the parties settled the case at the administrative level. Subsequently, in response to a petition by the Mitchells, the district court granted their request for attorneys’ fees for $18,624. Barlow-Gresham appeals the award of attorneys’ fees. We affirm.

I.

Facts and Procedural Background

During the 1988-1989 school year, Wesley Mitchell (“Wesley”) was a 19-year-old student at…