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eBook details

• Title: Anderson v. Thompson
• Author : Seventh Circuit United States Court of Appeals
• Release Date : January 08, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

At issue in this appeal is whether the district court, in reviewing a state administrative decision regarding the special education program for a handicapped student under the Education for All Handicapped Children Act (EAHCA), 20 U.S.C. § 1415(e)(2), properly declined to award compensatory damages and attorneys fees. 495 F. Supp. 1256 (1980). We hold that Congress, though including within the EAHCA a private right of action which authorizes district courts to award appropriate relief, did not intend to provide an award of money damages in the absence of exceptional circumstances. We also hold that plaintiffs cannot recover attorneys fees because this action is not cognizable under 42 U.S.C. § 1983 and because the EAHCA does not provide for attorneys fees. Accordingly, we affirm the judgment of the district court.

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