Santy
Santy v. Charter Oak Unified School District
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff-appellants Isaac Santy and Charlene Horton (“Santy”), appeal a district court decision granting $1500 in attorney’s fees under the Individuals with Disabilities Education Act (“IDEA”) attorneys’ fee provision, 20 U.S.C. § 1415 (i)(3)(B). Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.
The IDEA provides that “[i]n any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs.” 20 U.S.C. § 1415 (i)(3)(B).
The district court did not err in holding that fees for the services of Vikki Rice, a nonlawyer educational consultant, are non-recoverable. See Arlington Central Sch. Dist. Bd. of Educ. v. Murphy, -U.S.-, 126 S.Ct. 2455 , 165 L.Ed.2d 526 (2006) (holding that nonlawyer expert or consultant fees for services rendered during IDEA due process proceedings cannot be considered “costs” under *714 § 1415(i)(3)(B)). See also Shapiro v. Paradise Valley Unified Sch. Dist. No. 69, 374 F.3d 857 , 861-62 (9th Cir.2004) (holding that a parent cannot recover fees for the services of a person not licensed to practice law in…