Mara Aguirre v. Los Angeles Unified School District

461 F.3d 1114 Mara AGUIRRE, Plaintiff-Appellee, v. LOS ANGELES UNIFIED SCHOOL DISTRICT; Victoria McKendal, in her official capacity as Coordinator of the Los Angeles Unified School District Due Process Unit, e/s/a Victoria McKendall, Defendants-Appellants. No. 03-57138. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 20, 2005. Filed August 29, 2006. Barrett K. Green, Steven A. Groode, Littler Mendelson, Los Angeles, CA, for the defendants-appellants. Paul M. Roberts and Michael E. Jewell, Roberts, Adams & Jewell, Huntington Beach, CA, for the plaintiff-appellee. Appeal from the United States District Court for the Central District of California; Christina A. Snyder, District Judge, Presiding. D.C. No. CV-02-09753-CAS. Before PREGERSON, CLIFTON, and BYBEE, Circuit Judges. BYBEE, Circuit Judge. 1 The question before us is one we have not previously addressed: Does the "degree of success" standard announced in Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983), apply to attorney's fees awards under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. See id. § 1415(i)(3)(B). We hold that…