Termine
Termine v. William S. Hart Union High School District
Opinion
Lead Opinion
MEMORANDUM **
William S. Hart Union High School District (“Hart”) appeals the award of attorneys’ fees to Aja and Karen Termine following the Termines’ successful actions under the Individuals with Disabilities Education Act (“IDEA”). In the December 2001 action, a special education due process hearing before the California Special Education Hearing Office (“SEHO”), the Termines alleged that Hart’s October 2001 special education placement offer to Aja was inappropriate. In February 2002, the Termines brought a separate action — the *362 “stay-put” case — in federal district court, alleging that Hart should be required to maintain Aja in her then-current non-public school placement pending the outcome of the due process hearing. The district court concluded that the Termines were prevailing parties in both of the actions, and issued an award of attorneys’ fees pursuant to 20 U.S.C. § 1415 (i)(3) in the amount of $729,038.64. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
The district court did not abuse its discretion in holding that the Termines were the prevailing parties in the stay-put case. Although the district court declined to specifically designate Westmark…