Attorneys’ Fees Awarded Following Partial IDEA Success in Tuition Reimbursement Dispute

Rebecca Hall, Esq., (412) 594-5544, rhall@tuckerlaw.com

Anna C. v. Colonial Sch. Dist., No. 24-6313, 2026 U.S. Dist. LEXIS 24309 (E.D. Pa. Feb. 5, 2026).

Background

Upon moving into the Colonial School District, the parent of a student with multiple language-based learning disabilities believed that the School District did not offer the student a timely IEP (Individualized Education Program). For the 2023-2024 school year, the student’s parent enrolled her at a private school. The parent again enrolled the student in the private school for the 2024-2025 school year claiming that the IEP offered by the School District could not provide a FAPE (Free Appropriate Public Education). The parent filed a due process complaint seeking tuition reimbursement for the 2023-2024 and 2024-2025 school years. 

The hearing officer denied the parent’s request for tuition for the 2024-2025 school year and granted the request for the 2023-2024 school year. The parent filed an appeal, but the parties settled the tuition reimbursement claim but not the parent’s claim for attorneys’ fees. 

The School District believed that the parent’s request for reimbursement of their attorneys’ fees and costs was unreasonable. The parties litigated the issue before the United States District Court for the Eastern District of Pennsylvania. 

Discussion

In special education cases, the IDEA (federal law governing special education) 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 to a prevailing party who is the parent of a child with a disability.” 20 U.S.C. § 1415(i)(3)(B)(i)(I). Since the parent in this case was deemed to have prevailed on at least a portion of her claim, she was considered a prevailing party under the IDEA. When awarding prevailing party attorneys’ fees, courts use the “lodestar” method to calculate whether an award is reasonable. The lodestar multiplies the reasonable number of hours worked by a reasonable hourly rate. Augustyn v. Wall Twp. Bd. of Educ., 139 F.4th 252, 259 (3d Cir. 2025). Generally, the lodestar amount determined is used by the court to award prevailing party fees; however, in “rare circumstances in which the lodestar does not adequately take into account a factor that may properly be considered in determining a reasonable fee,” a court may deviate. Souryavong v. Lackawanna Cnty., 872 F.3d 122, 128 (3d Cir. 2017). 

Courts examine the prevailing market rates in the relevant legal community to determine whether the hourly rate sought by an attorney is reasonable. Maldonado v. Houstoun, 256 F.3d 181, 184 (3d Cir. 2001). The Court permitted the lead attorney who had over 25 years of experience to bill at his requested rate of $685 per hour. It was noted that attorneys in that area with similar years of experience have been charging $735-850 per hour. 

Next, the Court reviewed the number of hours reasonably spent to litigate the due process matter and federal court fee petition. While the Court made several minor hourly reductions for what it believed to be excessive time preparing or drafting pleadings, overall, the parent’s attorneys were able to recover most of the fees billed. The parent also sought and was reimbursed for their expense to retain expert witnesses for the due process hearing. In total, attorneys’ fees of $479,967.50 and additional costs of $19,860.95 were awarded. 

Practical Advice

Where a parent has engaged an attorney in a special education matter, reimbursement of the parent’s fees is a potential factor for school districts. When a school district settles a case or a parent prevails in whole or in part at a due process hearing, in general a school district must reimburse a portion or the entirety of the parent’s legal fees and costs. When possible, early and quick resolution of cases is advised to avoid additional fees. 

Questions about attorneys’ fees exposure in IDEA due process or federal court litigation? Contact Rebecca Hall at (412) 594-5544 or rhall@tuckerlaw.com to discuss how this decision may impact settlement strategy, fee exposure, and early resolution options in special education disputes.