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Park Hill School District v. Kevin Dass and Cheryl Dass, Individually and As Parents of D.D., A Minor, and K.D., A Minor

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Submitted: March 17, 2011

Before RILEY, Chief Judge, LOKEN and COLLOTON, Circuit Judges.

Twin brothers D.D. and K.D. were born on January 28, 2000. They reside in the Park Hill School District in Kansas City, Missouri (“the District”). Their significant cognitive, adaptive, social/emotional, physical, and communication-related difficulties meet the definition of “child with a disability” in the Individuals with Disabilities Education Act (IDEA), which requires that public schools accepting federal funds provide disabled students with a “free appropriate public education” (FAPE). See 20 U.S.C. §§ 1401(3), 1412(a)(1)(A). Two administrative hearing panels (“the Panels”) concluded that the District failed to provide D.D. and K.D. a FAPE in 2005, but did provide one in 2006. The district court upheld these decisions and later awarded $25,000 in attorney’s fees to the boys’ parents, Kevin and Cheryl Dass (“the Parents”), as partially prevailing parties. The Parents and the District cross appeal. The Parents argue the District failed to provide a FAPE in both 2005 and 2006 and appeal the district court’s substantial reduction of the attorney’s fee they requested. The District argues it provided a FAPE in 2005 as well as 2006, so the award of any fee was improper. Disagreeing with the Panels and the district court, we conclude the District offered D.D. and K.D. a FAPE in 2005 and therefore reverse the award of a reduced attorney’s fee. We affirm the district court’s ruling that the Parents waived or abandoned their appeal of the Panels’ 2006 FAPE decisions.

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