Ocean View Elementary School District v. Jimmy (Nmi) Peters, by and Through His Guardian Ad Litem, James Peters James (Nmi) Peters

103 F.3d 140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. OCEAN VIEW ELEMENTARY SCHOOL DISTRICT, Plaintiff-Appellee, v. Jimmy (NMI) PETERS, By and Through his Guardian Ad Litem, James PETERS; James (NMI) Peters, Defendants-Appellants. No. 95-55699. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1996. Decided Dec. 06, 1996. Before: GOODWIN, WIGGINS, NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Jimmy Peters appeals the fee awarded to a prevailing party under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et. seq. (IDEA). We vacate the award and remand. 3 Peters applied to the District Court for attorneys fees, as permitted under the IDEA. See 20 U.S.C. § 1415 (e)(4)(B). Peters justified his attorney's usual and customary hourly rate of $250 per hour with evidence which showed that this rate was within the prevailing rates in the community for comparable services and that this rate was the rate normally charged by his…