Andreana R. Bellach

In the first decision in Connecticut, and one of the only decisions in the country, a federal judge recently awarded a Connecticut school district attorneys’ fees under the Individuals with Disabilities Education Act (“IDEA”). The case, E.K. by and through his Parents and Next of Friends, Mr. and Mrs. K. v. Stamford Board of Education, No. 07cv800 (Mar. 31, 2009), stemmed from a student’s challenge to his expulsion for making racial threats toward another student. In the spring of 2007, the United States District Court for the District of Connecticut denied the student’s request for a preliminary injunction to require the district to readmit the student to his high school and allow him to participate in graduation ceremonies. After this denial, the student, through his attorney, essentially ignored the prosecution of his IDEA claim -- although he did not officially withdraw the claim for several months -- but maintained his other claims, due process and constitutional vagueness. The district moved for summary judgment; the student opposed this motion and filed his own motion for summary judgment.