DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192058P.pdf 04/27/2020 Chad Richardson v. Omaha School District
U.S. Court of Appeals Case No: 19-2058
U.S. District Court for the Western District of Arkansas - Harrison
[PUBLISHED] [Gruender, Author, with Arnold and Shepherd, Circuit Judges]
Civil case - Individuals with Disabilities Education Act. In this action,
the parents of a student alleged he was discriminated against under
Section 504 of the Rehabilitation Act and the IDEA and sought attorneys'
fees as the prevailing party in the state administrative proceedings; the
district court did not err in dismissing the request for attorneys' fees
as time barred by the 90-day statute of limitations for merits actions
contained in Arkansas Code section 6-41-216(g), part of Arkansas's
statutory framework for IDEA compliance; the claims for attorneys' fees is
ancillary to judicial review of the administrative decision; with respect
to plaintiff's IDEA and Rehabilitation Act claims, none of the evidence
concerning bullying created a genuine dispute of material fact about
whether the school district acted in bad faith or with gross misjudgment.