Under the new Handicapped Children's Protection Act (1986), school systems could now be liable for present and past attorney fees associated with successful special education claims resolved in court or at the administrative level. Districts should weigh the cost of agreeing early against those of losing later. (MLH)

Discusses two cases that illustrate the reasoning used by courts to uphold attorneys' fees to parents who prevail in Education of the Handicapped Act (EHA) administrative proceedings. (MLF)

Public employee status in relation to office privacy has not been clarified by the recent Supreme Court decision in "O'Conner v. Ortega." The 1986 Handicapped Children's Protection Act's provision allowing courts to award attorney fees to parents who win cases on administrative rights is ambiguous. The implications for schools are…

The Handicapped Children's Protection Act of 1986 authorizes courts to award attorneys' fees to handicapped children. Examines Supreme Court's decisions and the history of the act, then analyzes the innovative features of its attorneys' fees provisions. (MLF)

Traces the interplay among three federal statutes that serve as legal bases in special education suits with attention to two interrelated issues: (1) whether attorneys' fees are available; and (2) whether the Education for All Handicapped Children Act is the exclusive avenue. (MLF)

This article describes Public Law 99-372, The Handicapped Children's Protection Act of 1986, which authorizes courts to award attorneys' fees to parents of children with handicaps who prevail in actions brought under Public Law 94-142. The article discusses Congressional intent, the law's provisions, and its impact on special education…

Addresses how plaintiffs in disability cases can obtain attorneys' fees for their litigation efforts. Parents are not expected to have to bear expenses such as attorneys' fees to obtain the free appropriate education for a child with disabilities. (50 footnotes) (MLF)

The Handicapped Children's Protection Act allows the courts to provide an award of reasonable attorney fees to prevailing parents or guardians in any action or proceeding brought under the Education for All Handicapped Children Act. Discusses issues litigated in attorney fee reimbursement cases. (60 references) (MLF)

This article reviews case law regarding the recovery of attorney's fees for counsel services prior to holding a special education hearing within the legal parameters of Public Law 99-372, the Handicapped Children's Protection Act of 1986. Implications suggest that schools should establish mechanisms to avoid costly legal involvements and states…

A poll of school attorneys conducted by the National School Boards Association revealed that some school districts are so reluctant to run up legal costs in special education cases that the districts are willing to agree to demands they do not consider educationally sound for children. (MLF)

Provides information on how school districts can reduce their fiscal liability under the Handicapped Child Protection Act (HCPA) of 1986. School officials that present an image of service and cooperation for disabled students are less likely to have a dispute and less likely to have to pay attorneys' fees. (Contains 32 references.) (MLF)

Litigation over the rights of handicapped students and employees continued at a significant level during 1989. Recovery of attorneys' fees was the most frequently litigated handicapped issue. Cases are summarized under the following topics: (1) entitlement to services; (2) procedural safeguards, including change in placement, administrative…

Litigation of handicapped students' and employees' rights continued at a significant level in 1988. Requests for attorneys' fees under the Handicapped Children's Protection Act was the focus of the greatest number of cases. As in 1987, two major issues were raised in these cases: the availability of fees for administrative hearings and the…

Litigation of handicapped students' and employees' rights showed a significant increase in 1987. The increase can be attributed primarily to the filing of a substantial number of cases to obtain attorneys' fees following the enactment of the Handicapped Children's Protective Act in 1986. Two major issues were raised in these cases: the…

Litigation of handicapped students' and employees' rights continued at a significant level in 1990. Much of the litigation concerned the provision of an appropriate special education placement, due process rights, and recovery of attorney fees by prevailing parents under the Handicapped Children's Protection Act of 1986. Cases are summarized under…