Genrette Ex Rel. M.S. v. Options Public Charter School, 926 F. Supp. 2d 364

M.S. enrolled at Options Public Charter School in September 2010.
Before enrollment, M.S. was diagnosed with bipolar disorder and ADHD.
IDEA entitles M.S. to a FAPE and an IEP; proceedings concern these rights.
On February 8, 2011, Options revised M.S.'s IEP, proposing 26 hours of special instruction, one hour of behavioral support weekly, and placement in a special classroom unit.
On March 17, 2011, Genrette filed an administrative Due Process Complaint seeking private placement, compensatory education, and an FBA; a hearing was held April 27, 2011 and a final determination issued May 11, 2011.
The HOD ordered an FBA but denied private placement and compensatory education; plaintiff sought attorney’s fees under IDEA and cross-motions for summary judgment were filed; the court grants defendant’s motion and denies plaintiff’s.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Genrette is the prevailing party under IDEA.	Genrette prevailed in the administrative action.	Plaintiff’s success was de minimis; relief was limited to an FBA.	Genrette did not prevail; defendant granted summary judgment.

District of Columbia v. Straus, 590 F.3d 898 (D.C. Cir. 2010) (three-part prevailing-party test for IDEA fees)
Tex. State Teachers Ass'n v. Garland Indep. Sch. Dist., 489 U.S. 782 (1989) (fee recovery requires more than nominal success)
Farrar v. Hobby, 506 U.S. 103 (1992) (nominal wins may bar fees)
Artis ex rel. S.A. v. District of Columbia, 543 F. Supp. 2d 15 (D.D.C. 2008) (HOD must indicate denial of a FAPE to constitute prevailing relief)
Linda T. ex rel. William A. v. Rice Lake Area School Dist., 417 F.3d 704 (7th Cir. 2005) (de minimis relief where broader remedies requested)
McCrary v. District of Columbia, 791 F. Supp. 2d 191 (D.D.C. 2011) (prevailing-party status assessed on administrative record)