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Arlington Central School
District Board of Education v. Murphy, No. 05-18 (argued April 17,
2006) (issue regarding reimbursement of expert fees in IDEA case)
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Supreme Court
decision
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Supreme
Court order accepting cert.
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Brief of United States supporting petitioner school district
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Murphy v. Arlington Central School District, 402 F.3d 332
(2nd Cir. 2005) (affirming district court's decision that expert
fees are compensable under IDEA)
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Procedural background of case (parents proceeding
pro se):
-- Joseph Murphy identified as a student
requiring special education in 1994
-- Sept. 3, 1998: parents requested an impartial
hearing to determine appropriateness of private school placement
for their son, Joseph, when he was ready to enter high school
-- Impartial hearing officer (IHO) found in
favor of plaintiffs on July 7, 1999; ordered reimbursement of
tuition paid in 1998-99 school year
-- Parents filed an action on August 8, 1999, in
the Northern District of NY seeking a temporary restraining
order requiring the district to fund Joseph's tuition at private
school during the pendency of the district's appeal challenging
the IHO's decision. Case transferred to SDNY.
-- On September 2, 1999, school district convened
an IEP meeting and proposed placing Joseph back at public high
school. Parents objected and continued to send Joseph to
private school.
-- School district appealed IHO decision to state
review officer (SRO) on August 18, 1999. On December 14,
1999, SRO upheld IHO decision that district reimburse plaintiffs for cost
of private schooling during the 1998/1999 school year.
-- On January 7, 2000, plaintiffs requested a due
process hearing for seeking reimbursement of private school
tuition for 1999-2000 school year.
-- On January 24, 2000, the district reimbursed
parents for Joseph's tuition for 1998-99 school year by check in
the amount of $20,750.
-- Murphy v. Arlington Central School District
Bd. of Education, 86 F. Supp.2d 354 (S.D. N.Y. 2000) (holding
that Joseph's "current educational placement" for purposes of
IDEA is private school; requiring reimbursement by March 21,
2000) (decided on March 1, 2000)
-- Murphy v. Arlington Central School District
Bd. of Education, 297 F.3d 195 (2nd Cir. 2002) (affirmed SRO's
order for reimbursement) (decided on July 16, 2002)
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Brief for
the United States as Amicus Curiae (July 26, 2000)
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Expert fees controversy
-- After prevailing in Second Circuit in 2002,
plaintiffs sought an order directing school district to pay
costs they incurred during the administrative proceedings before
the local educational agency and the litigation.
Specifically, plaintiffs sought compensation of $29,350 for
125.5 "consultation hours" provided by Marilyn Arons, M.S., and
educational consultant at her hourly rate of $200/hour, as well
as a mileage claim of $7,847.14 based upon a rate of 36.5 cents
per mile.
• Plaintiffs had not retained an attorney until they were
represented by counsel at the Court of Appeals.
-- In decision dated July 22, 2003,
District court concluded that parents might be entitled to costs
for services rendered by Arons from September 3, 1998 (when they
requested an impartial hearing) to March 1, 2000 (when they
became a prevailing party). Arons rendered 43 1/3 hours of
service during this time period. Court found that none of these
services could be characterized as "legal representation by a
nonlawyer" and therefore be noncompensable. Reimbursement
therefore appropriate for $8,650 (43 1/4 hours X $200 per hour).
No reimbursement for mileage claim because plaintiffs, rather
than Arons (who was not a licensed driver) did the driving.
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Murphy v. Arlington Central School District Bd. of Education,
402 F.3d 332 (2nd Cir. 2005) (affirmed district court decision)
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