Shapiro ex rel. Shapiro v. Paradise Valley Unified School District No. 69

Good Law
374 F.3d 857·2004 WL 1487615
United States Court of Appeals for the Ninth CircuitJuly 6, 2004Nos. 02-16786, 02-17000California4,488 words

Opinion

Lead Opinion

Tashima, J.

Plaintiff-Appellant Isadora Shapiro (“Dori”), by and through her parents, Gary and Laurie Shapiro, filed a complaint in the district court pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400-1487 , seeking review of administrative decisions regarding the educational program offered by Defendant-Appellee Paradise Valley Unified School District (“PVUSD”) for Dori, who is hearing impaired. The subject of this third appeal is the district court’s award of attorney’s fees to the Shapiros, pursuant to 20 U.S.C. § 1415 (i)(3)(B), which excluded fees for work performed by their attorney prior to his admission to practice pro hac vice in state court. PVUSD cross-appeals the district court’s determination of prevailing-party status under the IDEA attorney’s fee provision, as well as the amount of the award. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court in all respects.

BACKGROUND

Dori was enrolled at the Central Institute for the Deaf (“CID”) in St. Louis, Missouri, during the school years 1991— 1992, 1992-1993, and 1993-1994. During the summers of 1992 and 1993, she received services through PVUSD, her local…

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