smith
robinson
argued
march
decided
july
superintendent
schools
cumberland
informed
petitioner
parents
petitioner
child
suffers
cerebral
palsy
handicaps
school
committee
longer
fund
child
placement
special
educational
program
parents
addition
appealing
superintendent
decision
school
committee
thereafter
state
administrative
process
filed
action
federal
district
school
committee
subsequently
certain
state
school
officials
asserted
various
points
proceedings
claims
declaratory
injunctive
relief
based
state
law
education
handicapped
act
eha
rehabilitation
act
respect
certain
federal
constitutional
claims
district
held
child
entitled
matter
state
law
free
appropriate
special
education
paid
school
committee
therefore
unnecessary
improper
reach
petitioners
federal
statutory
constitutional
claims
agreement
parties
awarded
attorney
fees
school
committee
petitioners
requested
attorney
fees
state
defendants
district
held
petitioners
entitled
fees
hours
spent
state
administrative
process
date
state
defendants
named
parties
reasoning
petitioners
required
exhaust
eha
remedies
asserting
claims
entitled
fees
procedures
appeals
reversed
holding
since
action
relief
granted
fell
within
reach
eha
establishes
comprehensive
scheme
provision
special
education
handicapped
children
provide
attorney
fees
district
look
rehabilitation
act
fees
appeals
concluded
even
unaddressed
claims
substantial
enough
support
federal
jurisdiction
generally
warrant
award
attorney
fees
nevertheless
given
comprehensiveness
eha
congress
intended
omission
attorney
fees
relief
statute
rectified
recourse
disposed
rehabilitation
act
basis
attorney
fees
similar
reasons
held
petitioners
entitled
attorney
fees
pp
fact
petitioners
prevailed
initial
claim
school
committee
violated
due
process
refusing
grant
petitioners
full
hearing
terminating
funding
petitioner
child
special
education
program
entitle
petitioners
attorney
fees
subsequent
administrative
judicial
proceedings
due
process
claim
entirely
separate
claims
made
subsequent
proceedings
sufficiently
related
petitioners
ultimate
success
support
award
fees
entire
proceeding
pp
petitioners
claim
child
discriminated
basis
handicapped
condition
violation
equal
protection
clause
fourteenth
amendment
apparent
congress
intended
eha
exclusive
avenue
claim
pursued
eha
comprehensive
scheme
aid
complying
constitutional
obligations
provide
public
education
handicapped
allowing
plaintiff
circumvent
eha
administrative
remedies
relying
remedy
substantial
equal
protection
claim
inconsistent
scheme
pp
even
petitioners
due
process
challenge
partiality
state
hearing
officer
reviewed
school
committee
decision
might
maintained
independent
challenge
petitioners
entitled
attorney
fees
claim
claim
bearing
substantive
claim
petitioners
prevailed
school
committee
matter
state
federal
law
required
pay
petitioner
child
education
petitioners
presented
different
claims
different
relief
based
different
facts
legal
theories
prevailed
nonfee
claim
entitled
fee
award
simply
claim
constitutional
claim
asserted
pp
petitioners
entitled
attorney
fees
rehabilitation
act
congress
struck
careful
balance
eha
clarifying
making
enforceable
rights
handicapped
children
free
appropriate
public
education
endeavoring
relieve
financial
burden
imposed
agencies
responsible
guarantee
rights
intended
handicapped
child
upset
balance
relying
otherwise
unavailable
damages
award
attorney
fees
whatever
remedy
might
provided
prevents
discrimination
basis
handicap
program
receiving
federal
financial
assistance
provided
clarity
precision
eha
plaintiff
may
circumvent
enlarge
remedies
available
eha
resort
pp
blackmun
delivered
opinion
burger
white
powell
rehnquist
joined
brennan
filed
dissenting
opinion
marshall
stevens
joined
post
richard
larson
argued
cause
petitioners
briefs
burt
neuborne
charles
sims
ivan
bodensteiner
forrest
avila
argued
cause
filed
brief
respondents
briefs
amici
curiae
urging
reversal
filed
association
children
adults
learning
disabilities
matthew
bogin
association
retarded
citizens
et
al
leonard
rieser
inez
smith
reid
corporation
counsel
john
suda
principal
deputy
corporation
counsel
charles
reischel
deputy
corporation
counsel
richard
nettler
assistant
corporation
counsel
filed
brief
district
columbia
amicus
curiae
urging
affirmance
gwendolyn
gregory
august
steinhilber
thomas
shannon
filed
brief
national
school
boards
association
amicus
curiae
justice
blackmun
delivered
opinion
case
presents
questions
regarding
award
attorney
fees
proceeding
secure
free
appropriate
public
education
handicapped
child
various
stages
proceeding
petitioners
asserted
claims
relief
based
state
law
education
handicapped
act
eha
stat
amended
et
rehabilitation
act
stat
amended
due
process
equal
protection
clauses
fourteenth
amendment
constitution
appeals
first
circuit
concluded
proceeding
essence
one
enforce
provisions
eha
statute
provide
payment
attorney
fees
petitioners
entitled
fees
smith
cumberland
school
committee
petitioners
insist
decision
maher
gagne
compels
different
conclusion
procedural
history
case
complicated
significant
resolution
issues
petitioner
thomas
smith
iii
tommy
suffers
cerebral
palsy
variety
physical
emotional
handicaps
proceeding
began
november
tommy
eight
years
old
preceding
december
cumberland
school
committee
agreed
place
tommy
day
program
emma
pendleton
bradley
hospital
east
providence
tommy
began
attending
program
november
however
superintendent
schools
informed
tommy
parents
petitioners
school
committee
longer
fund
tommy
placement
construed
rhode
island
law
responsibility
educating
emotionally
disturbed
child
lay
state
division
mental
health
retardation
hospitals
mhrh
app
petitioners
took
appeal
decision
superintendent
school
committee
addition
petitioners
filed
complaint
district
district
rhode
island
members
school
committee
asserting
due
process
required
committee
comply
article
ix
procedural
safeguards
regulations
adopted
state
board
regents
regarding
education
handicapped
children
regulations
tommy
placement
program
continued
pending
appeal
superintendent
decision
orders
issued
december
january
district
entered
temporary
restraining
order
preliminary
injunction
agreed
petitioners
regulations
required
school
committee
continue
tommy
placement
bradley
hospital
pending
appeal
superintendent
decision
school
committee
failure
follow
regulations
concluded
constitute
deprivation
due
process
may
petitioners
filed
first
amended
complaint
app
time
petitioners
completed
state
administrative
process
appealed
superintendent
decision
school
committee
state
commissioner
education
delegated
responsibility
conducting
hearing
associate
commissioner
education
petitioners
moved
associate
commissioner
recuse
conducting
review
school
committee
decision
since
employee
state
education
agency
therefore
impartial
hearing
officer
associate
commissioner
denied
motion
recuse
state
officers
agreed
laws
tit
ch
responsibility
educating
tommy
lay
mhrh
associate
commissioner
acknowledged
petitioners
argument
since
require
pay
portion
cost
services
provided
tommy
statute
conflicted
eha
concluded
problem
within
jurisdiction
resolve
first
amended
complaint
petitioners
added
defendants
commissioner
education
associate
commissioner
education
board
regents
education
director
mhrh
also
specifically
relied
first
time
eha
noting
times
mentioned
complaint
state
rhode
island
submitted
plan
programs
special
education
related
services
received
federal
funds
pursuant
eha
first
count
amended
complaint
petitioners
challenged
fact
hearing
school
committee
hearing
associate
commissioner
conducted
examiners
employees
local
state
education
agency
sought
declaratory
judgment
procedural
safeguards
contained
article
ix
regulations
comply
due
process
clause
fourteenth
amendment
requirements
eha
accompanying
regulations
also
sought
injunction
prohibiting
commissioner
associate
commissioner
conducting
hearings
review
decisions
rhode
island
local
education
agencies
lea
unless
board
regents
adopted
regulations
conformed
requirements
regulations
finally
sought
reasonable
attorney
fees
costs
second
count
amended
complaint
petitioners
challenged
substance
associate
commissioner
decision
view
decision
violated
tommy
rights
federal
state
law
lea
provide
free
appropriate
educational
placement
without
regard
whether
said
placement
made
within
local
school
system
app
sought
declaratory
judgment
school
committee
mhrh
responsible
providing
tommy
free
appropriate
education
injunction
requiring
school
committee
provide
tommy
education
also
asked
reasonable
attorney
fees
costs
december
district
issued
opinion
acknowledging
confusion
whether
matter
state
law
school
committee
mhrh
responsible
funding
providing
necessary
services
tommy
also
noted
associate
commissioner
correct
tommy
education
governed
state
scheme
appear
conflict
requirements
eha
since
may
require
parental
contribution
may
require
mhrh
provide
education
cause
department
incur
deficit
request
state
defendants
district
certified
rhode
island
questions
whether
school
committee
required
provide
special
education
resident
handicapped
student
local
educational
programs
inadequate
whether
cost
programs
responsibility
local
school
committee
mhrh
may
district
granted
partial
summary
judgment
defendants
petitioners
claim
denied
due
process
requirement
regulations
submit
dispute
school
committee
associate
state
commissioner
refusal
recuse
noted
school
committee
members
employees
local
education
agency
elected
officials
determined
provision
eha
directing
hearing
shall
conducted
employee
agency
unit
involved
education
care
child
apply
hearings
conducted
state
education
agency
june
rhode
island
issued
opinion
answering
certified
questions
smith
cumberland
school
committee
noting
responsibility
board
regents
education
comply
requirements
eha
determined
primary
obligation
financing
handicapped
child
special
education
lay
local
school
committee
whatever
obligation
imposes
mhrh
provide
educational
services
limited
complements
rather
supplants
obligations
school
committees
petitioners
thereafter
filed
second
amended
supplemental
complaint
app
added
count
ii
claims
relief
equal
protection
clause
fourteenth
amendment
rehabilitation
act
amended
also
requested
attorney
fees
january
district
issued
order
declaring
petitioners
rights
entering
permanent
injunction
school
committee
defendants
approving
award
attorney
fees
defendants
app
ordered
school
committee
pay
full
cost
tommy
attendance
harmony
hill
school
tommy
placement
agreement
petitioners
school
committee
without
prejudice
petitioners
claims
defendants
awarded
attorney
fees
amount
pursuant
june
district
issued
two
orders
time
addressed
petitioners
claims
state
defendants
first
order
app
denied
state
defendants
motion
dismiss
second
order
declared
tommy
entitled
free
appropriate
special
education
paid
cumberland
school
committee
noted
since
tommy
entitled
relief
sought
matter
state
law
unnecessary
improper
go
reach
petitioners
federal
statutory
constitutional
claims
petitioners
given
days
move
award
fees
appeals
first
circuit
affirmed
unpublished
per
curiam
opinion
filed
january
concluded
commissioner
immune
injunctive
relief
petitioners
challenge
district
award
summary
judgment
respondents
due
process
challenge
moot
petitioners
requested
fees
costs
state
defendants
april
district
ruled
orally
petitioners
entitled
fees
costs
amount
hours
spent
state
administrative
process
state
defendants
named
parties
federal
litigation
app
pet
cert
relying
new
york
gaslight
club
carey
opinion
turillo
tyson
supp
reasoned
petitioners
required
exhaust
eha
remedies
bringing
claims
entitled
fees
procedures
agreed
respondents
petitioners
entitled
compensation
hours
spent
challenging
use
employees
hearing
officers
fees
awarded
hours
spent
obtaining
preliminary
injunctive
relief
petitioners
already
compensated
work
school
committee
defendants
finally
rejected
defendants
argument
fees
allowed
action
eha
provide
fees
view
respondents
given
insufficient
weight
fact
petitioners
alleged
equal
protection
claims
well
eha
claim
added
found
equal
protection
claim
petitioners
included
second
amended
complaint
colorable
nonfrivolous
petitioners
thus
entitled
fees
prevailing
action
enforce
claim
appeals
reversed
smith
cumberland
school
committee
first
noted
labeled
american
rule
attorney
fees
available
general
matter
statutory
authority
provides
alyeska
pipeline
wilderness
society
action
relief
granted
case
fell
within
reach
eha
federal
statute
establishes
comprehensive
scheme
provision
special
education
handicapped
children
provide
attorney
fees
fees
district
look
rehabilitation
act
claim
acknowledged
general
rule
claim
upon
plaintiff
actually
prevails
accompanied
substantial
though
undecided
claim
arising
nucleus
facts
fee
award
appropriate
maher
gagne
petitioners
claims
arguably
least
substantial
enough
support
federal
jurisdiction
ibid
even
claims
substantial
however
appeals
concluded
given
comprehensiveness
eha
congress
intended
omission
attorney
fees
relief
rectified
recourse
appeals
drew
support
conclusion
decision
middlesex
county
sewerage
authority
national
sea
clammers
held
congress
provided
comprehensive
enforcement
mechanisms
protection
federal
right
mechanisms
include
private
right
action
litigant
obtain
private
right
action
asserting
claim
appeals
recognized
sea
clammers
might
logically
preclude
action
violation
eha
since
eha
expressly
recognizes
private
right
action
support
general
proposition
statute
creates
comprehensive
remedial
scheme
intentional
omissions
scheme
supplanted
remedial
apparatus
view
appeals
fact
claims
alleged
based
independent
constitutional
violations
rather
violations
eha
immaterial
constitutional
claims
alleged
denial
due
process
denial
free
appropriate
public
education
handicap
factually
identical
eha
claims
litigant
obtain
fees
simply
incantation
fees
become
available
almost
every
case
disposed
rehabilitation
act
basis
fees
similar
fashion
even
congress
specifically
intend
claims
eha
eha
comprehensive
remedial
scheme
entails
rejection
properly
limits
fees
provision
general
rehabilitation
act
confusion
courts
appeals
proper
interplay
among
various
statutory
constitutional
bases
relief
cases
nature
effect
interplay
provision
attorney
fees
granted
certiorari
ii
petitioners
insist
appeals
simply
ignored
guidance
maher
gagne
supra
prevailing
party
asserts
substantial
unaddressed
constitutional
claims
entitled
attorney
fees
urge
reliance
appeals
sea
clammers
misplaced
sea
clammers
effort
enlarge
statutory
remedy
asserting
claim
based
statute
laws
provision
case
petitioners
made
effort
enlarge
remedies
available
eha
asserting
claim
laws
provision
presented
separate
constitutional
claims
properly
cognizable
since
claim
prevailed
constitutional
claims
arose
common
nucleus
operative
fact
maher
gagne
quoting
turn
quoting
mine
workers
gibbs
since
constitutional
claims
found
district
assumed
appeals
substantial
petitioners
urge
entitled
fees
addition
petitioners
presented
substantial
claim
rehabilitation
act
since
act
authorizes
attorney
fees
manner
fact
incorporates
legislative
history
see
cong
rec
remarks
cranston
reasoning
maher
applies
claims
based
petitioners
therefore
claimed
entitled
fees
substantial
though
unaddressed
claims
respondents
counter
petitioners
simply
attempting
circumvent
lack
provision
attorney
fees
eha
resorting
pleading
trick
adding
surplus
constitutional
claims
similar
claims
rehabilitation
act
whatever
congress
intent
authorizing
fees
substantial
unaddressed
claims
based
allow
plaintiffs
receive
award
attorney
fees
situation
congress
made
clear
intent
fees
available
resolution
dispute
requires
us
explore
congressional
intent
authorizing
fees
substantial
unaddressed
constitutional
claims
setting
elaborate
substantive
procedural
requirements
eha
indication
attorney
fees
available
action
enforce
requirements
turn
first
petitioners
claim
entitled
fees
asserted
substantial
constitutional
claims
iii
legislative
history
illustrates
recognized
broad
grant
authority
courts
award
attorney
fees
plaintiffs
seeking
vindicate
federal
constitutional
statutory
rights
maine
thiboutot
maher
gagne
supra
hutto
finney
prevailing
plaintiff
ordinarily
recover
attorney
fee
unless
special
circumstances
render
award
unjust
quoting
newman
piggie
park
enterprises
congress
intend
authority
extinguished
fact
case
settled
resolved
nonconstitutional
ground
maher
gagne
also
recognized
however
authority
award
fees
case
plaintiff
prevails
substantial
constitutional
claims
without
qualification
due
regard
must
paid
fact
plaintiff
prevailed
also
relationship
claims
effort
expended
ultimate
relief
obtained
hensley
eckerhart
blum
stenson
thus
example
fees
properly
awarded
work
done
claim
plaintiff
prevail
involved
distinctly
different
facts
legal
theories
claims
basis
relief
awarded
hensley
eckerhart
although
cases
clear
line
hours
work
contributed
plaintiff
success
district
courts
remain
charged
responsibility
imposed
congress
evaluating
award
requested
light
relationship
particular
claims
work
done
plaintiff
success
similar
analysis
appropriate
case
like
prevailing
plaintiffs
rely
substantial
unaddressed
constitutional
claims
basis
award
attorney
fees
fact
constitutional
claims
made
render
automatic
award
fees
entire
proceeding
congress
purpose
authorizing
fee
award
unaddressed
constitutional
claim
avoid
penalizing
litigant
fact
courts
properly
reluctant
resolve
constitutional
questions
nonconstitutional
claim
dispositive
purpose
alter
requirement
claim
fees
awarded
reasonably
related
plaintiff
ultimate
success
simply
authorizes
district
assume
plaintiff
prevailed
claim
award
fees
appropriate
success
light
requirement
claim
fees
awarded
reasonably
related
plaintiff
ultimate
success
clear
plaintiffs
may
rely
simply
fact
substantial
claims
made
course
litigation
closer
examination
nature
claims
relationship
claims
petitioners
ultimate
success
required
besides
making
claim
eha
petitioners
asserted
two
different
points
proceedings
procedures
employed
state
officials
denied
due
process
also
claimed
tommy
discriminated
basis
handicapping
condition
violation
equal
protection
clause
fourteenth
amendment
first
due
process
claim
may
disposed
briefly
petitioners
challenged
refusal
school
committee
grant
full
hearing
terminating
tommy
funding
petitioners
awarded
fees
school
committee
efforts
obtaining
injunction
prevent
due
process
deprivation
award
challenged
appeal
therefore
assume
proper
fact
petitioners
prevailed
initial
due
process
claim
however
entitle
fees
subsequent
administrative
judicial
proceedings
due
process
claim
entitled
petitioners
order
maintaining
tommy
placement
throughout
course
subsequent
proceedings
entirely
separate
claims
petitioners
made
proceedings
proceedings
necessitated
school
committee
failings
even
school
committee
complied
state
regulations
guaranteed
tommy
continued
placement
pending
administrative
review
decision
petitioners
still
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hew
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entitled
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hew
interpretation
two
acts
oversight
hearings
rehabilitation
act
held
enactment
eha
representatives
hew
testified
agency
recently
promulgated
regulations
regulations
addressed
discrimination
provision
education
handicapped
children
hearings
implementation
section
rehabilitation
act
subcommittee
select
education
house
committee
education
labor
statement
david
tatel
director
office
civil
rights
department
health
education
welfare
hearings
rehabilitation
handicapped
programs
subcommittee
handicapped
senate
committee
labor
public
welfare
statement
martin
gerry
director
office
civil
rights
department
health
education
welfare
member
house
senate
subcommittee
raised
question
regarding
continued
coverage
discrimination
education
passage
eha
indeed
senate
report
accompanying
bill
included
rehabilitation
act
explicitly
referred
approved
regulations
promulgated
report
went
address
need
attorney
fees
referring
rights
extended
handicapped
individuals
generally
intimating
exception
handicapped
children
seeking
education
pp
similarly
house
report
stated
proposed
amendment
way
unique
present
least
separate
attorney
fees
provisions
promote
enforcement
different
federal
laws
fact
disabled
individuals
one
minority
groups
country
authorized
congress
seek
attorney
fees
amendment
proposes
correct
omission
thereby
assist
handicapped
individuals
securing
legal
protection
guaranteed
title
act
finally
although
congress
enacting
specifically
refer
applicability
constitutional
claims
handicapped
children
seeking
education
clearly
intended
authorize
attorney
fees
cases
involving
deprivation
civil
rights
adopted
response
decision
alyeska
pipeline
service
wilderness
society
intended
close
anomalous
gaps
civil
rights
laws
whereby
awards
fees
unavailable
senate
report
thus
stated
many
cases
arising
civil
rights
laws
citizen
must
sue
enforce
law
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money
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lawyer
private
citizens
able
assert
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rights
violate
nation
fundamental
laws
proceed
impunity
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recover
costs
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rights
award
counsel
fees
cases
tantamount
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act
frustrating
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purpose
without
counsel
fees
grant
federal
jurisdiction
empty
gesture
hall
cole
quoting
cir
remedy
attorney
fees
always
recognized
particularly
appropriate
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rights
area
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rights
attorney
fees
always
closely
interwoven
sum
conclusion
eha
repealed
availability
individuals
seeking
free
appropriate
public
education
runs
counter
principles
statutory
interpretation
finds
support
terms
legislative
history
eha
importantly
undermines
intent
congress
enacting
case
arisen
prior
enactment
congress
taken
account
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interpretation
eha
presumably
either
clarified
applicability
claims
free
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public
education
extended
coverage
certain
claims
brought
eha
today
decision
coming
congress
spoken
subject
attorney
fees
congress
take
time
revisit
matter
handicapped
children
country
whose
difficulties
compounded
discrimination
deprivations
constitutional
rights
pay
costs
best
ironic
managed
impose
burden
handicapped
children
course
interpreting
statute
wholly
intended
promote
educational
rights
children
holds
petitioners
may
recover
fees
lawsuit
result
wrong
believe
without
regard
whether
requires
unlitigated
claim
meritorious
merely
substantial
even
petitioners
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establish
meritoriousness
substantiality
unlitigated
claim
affirmance
appeals
judgment
improper
petitioners
given
opportunity
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claim
merit
petitioners
entitled
fees
since
think
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entitled
fees
since
even
dissent
holding
depend
whether
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standard
applies
unlitigated
claims
address
question
also
need
consider
effect
petitioners
due
process
claim
respondents
ante
may
petitioners
entitlement
fees
dissent
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believe
petitioners
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petitioners
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process
claim
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entitlement
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also
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others
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claims
cognizable
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nonconstitutional
claims
cognizable
eha
case
concerned
claims
substantive
basis
eha
either
constitution
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point
seems
indicate
congress
actually
considered
question
withholding
attorney
fees
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parties
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time
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enacted
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act
yet
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context
congressional
silence
question
attorney
fees
interpreted
indicate
congress
consider
matter
thus
claim
particularly
unpersuasive
fact
appear
constitute
significant
basis
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notes
ante
regulations
promulgated
eha
closely
coordinated
one
another
see
fed
reg
addition
testimony
generally
taken
success
applied
discrimination
handicapped
children
provision
publicly
funded
education
see
hearings
implementation
section
rehabilitation
act
subcommittee
select
education
house
committee
education
labor
statement
daniel
yohalem
children
defense
fund
statement
edward
corbett
maryland
school
deaf
tatel
testimony
included
following
regard
preschool
elementary
secondary
education
institutions
regulations
require
annual
identification
location
unserved
handicapped
children
free
appropriate
public
education
qualified
handicapped
child
regardless
nature
severity
handicap
including
coverage
nonmedical
care
room
board
residential
placement
required
education
handicapped
students
maximum
extent
possible
comparability
facilities
including
services
activities
provided
therein
identifiable
handicapped
persons
evaluation
requirements
insure
proper
classification
placement
handicapped
children
procedural
safeguards
equal
opportunity
participation
handicapped
students
nonacademic
extracurricular
services
activities
moreover
congress
fully
aware
possibility
claim
civil
rights
area
might
duplicative
statutory
remedies
instance
one
gaps
congress
sought
close
enacting
possibility
individual
bring
employment
discrimination
suit
title
vii
civil
rights
act
receive
attorney
fees
although
another
individual
bringing
suit
recover
attorney
fees
congress
response
situation
ensure
attorney
fees
available
either
provision