DOE V. BOSTON PUBLIC SCHOOLS
358 F.3d 20 (1st Cir. 2004)
NATURE OF THE CASE: Doe (P) appealed a dismissal of her claim for attorney fees in that
she was not a prevailing party within the meaning of Buckhannon.
FACTS: Doe (P) suffers from a severe mental disability. P is entitled to special
education services under the individuals with Disabilities Education Act (IDEA). Boston (D)
rejected P's request for the private placement and offered to continue her schooling at a
public school. P reiterated her request to be placed in a twenty-four-hour residential
program. D educational services and living services at another DMH facility. P filed for a
hearing before the BSEA and requested placement at a small therapeutic day school. D
eventually offered Bay Cove Academy, a private, therapeutic day-school program, for the
current school year. P accepted the offer and requested that the placement be read into the
record and signed by the BSEA hearing officer. The hearing officer declined. P then filed a
motion seeking to affirm the placement as a final judgment. That was declined and P's claims
were dismissed. P filed a complaint in the district court seeking attorneys' fees. D's
motion to dismiss the complaint was granted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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