Does the Saddleback Valley Unified School District have an obligation to pay attorney fees for attorney fees if they fail to enforce an individualized education program for an emotionally disabled child?

California, United States of America


The following excerpt is from Phipps v. Saddleback Valley Unified School Dist., 204 Cal.App.3d 1110, 251 Cal.Rptr. 720 (Cal. App. 1988):

San Francisco Unified School District v. State of California (1982) 131 Cal.App.3d 54, 182 Cal.Rptr. 525, a case the district contends is "strikingly similar" to ours, does not help its position. There, a request for attorney fees was denied on the ground the litigation did not result in the enforcement of an important right affecting the public interest. The appellant, an emotionally handicapped child, was successful in procuring an individualized education program; however, no one else was affected by the outcome. In our case, it is conceivable that other individuals, in the Saddleback Valley Unified School District as well as in other school districts, will be affected by the outcome.

Other Questions


Does the California Education Department have a duty to supervise school children attending schools operated by school districts? (California, United States of America)
Is the size of the district attorney's office irrelevant when the office has more than 1,000 deputy district attorneys? (California, United States of America)
Is a district attorney immune from prosecution if a press release by the district attorney gives him immunity under the facts? (California, United States of America)
Is it sufficient for a plaintiff to send a letter to the attorney of the school district attorney containing all of the information required under the Tort Claims Act? (California, United States of America)
Under what circumstances will an order requiring appellant not to leave school during school hours without permission of school officials or the probation officer be enforced? (California, United States of America)
When a minor alleges misconduct by a district attorney during a hearing, does the minor have to prove that the district attorney's comments to the minor constitute misconduct? (California, United States of America)
Can a district attorney request a motion to recuse the office of the District Attorney's Office from prosecution of a charge of sexual assault based on race, religion or other arbitrary classification? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Can a non-custodial parent who signed an agreement with the district attorney for child support be ordered to pay child support without the consent of the custodial parent? (California, United States of America)
Does the Attorney General have any grounds to argue that a spiral fracture in the lower back of a child was relevant to the theory of felony child endangering? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.