P.N., Parent of T.N., a Minor v. Seattle School District, No. 1

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

Our opinion filed August 15, 2006, is amended to include the following at the end of footnote 7.

With the filing of the amended opinion, Judges Thompson, Tashima, and Callahan vote to deny the petition for rehearing, and the petition for rehearing is denied.

The full court has been advised of the suggestion for rehearing en banc, and no judge has requested a vote on rehearing en banc, the petition for rehearing en banc is denied. Fed. R. App. P. 35.

No further petition for rehearing will be entertained.

OPINION

P.N., plaintiff-appellant, filed an action under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., to recover attorneys’ fees incurred in resolving a conflict with the Seattle School District (“SSD”) over her child’s education. The conflict was resolved by a settlement agreement signed only by the parties. The district court held that P.N. was not a prevailing party, and thus, not entitled to attorneys’ fees under the IDEA because the settlement agreement lacked any judicial imprimatur. We affirm. We hold, consistent with our own precedent and decisions by our sister circuits, that (a)…