arlington central school district board education murphy et argued april decided june respondents prevailed individuals disabilities education act idea action require petitioner school board pay son private school tuition sought fees services rendered educational consultant proceedings relying idea provision permits award reasonable attorneys fees part costs prevailing parents district granted motion part affirming second circuit noted crawford fitting gibbons west virginia univ hospitals casey provision read permit recovery expert fees without explicit statutory authority concluded congressional conference committee report relating casey referencing report showed idea authorized reimbursement held section authorize prevailing parents recover expert fees pp resolution question guided fact congress enacted idea pursuant spending clause congress broad power set terms disburses federal money conditions attaches state acceptance funds must set unambiguously pennhurst state school hospital halderman fund recipients bound conditions accept voluntarily knowingly knowingly accept conditions unaware unable ascertain ibid thus question whether idea furnishes clear notice regarding expert fees pp begins idea text language plain courts function enforce according terms hartford underwriters ins union planters bank provides award reasonable attorneys fees even hint acceptance idea funds makes state responsible reimbursing prevailing parents services experts costs term art generally include expert fees use costs rather expenses strongly suggests meant provision making liable expenses moreover says may award costs may award attorney fees part costs language simply adds reasonable attorney fees list recoverable costs set general statute covering taxation costs strictly limited thus text authorize award additional expert fees certainly fails present clear notice required spending clause idea provisions point strongly direction little significance provision handicapped children protection act requiring general accounting office collect data awards prevailing parties idea cases making mention consultants experts fees fact provision directed gao compile data hours spent consultants idea cases mean congress intended compensate prevailing parties fees billed consultants pp crawford fitting casey strongly reinforce conclusion idea unambiguously authorize prevailing parents recover expert fees crawford fitting reasoning supports conclusion term costs like costs federal rule civil procedure provision issue defined categories expenses enumerated conclusion buttressed principle recognized crawford fitting statute construed authorize taxing witness fees costs unless statute refer explicitly witness fees conclusion idea authorize expert fee awards confirmed even dramatically casey held provision wording virtually identical empower district award expert fees prevailing party second circuit misunderstood meaning casey relied state conference committee report set correct interpretation provided clear notice required spending clause thrust simply attorneys fees standing alone generally understood encompassing expert fees pp respondents additional arguments unpersuasive idea goals ensur ing children disabilities available free appropriate public education safeguarding parents right challenge adverse school decisions general provide much support reading idea idea legislative history insufficient help everything history overwhelmingly suggests expert fees may recovered pp reversed remanded alito delivered opinion roberts scalia kennedy thomas joined ginsburg filed opinion concurring part concurring judgment souter filed dissenting opinion breyer filed dissenting opinion stevens souter joined arlington central school district board education petitioner pearl murphy et vir writ certiorari appeals second circuit june justice alito delivered opinion individuals disabilities education act idea act provides may award reasonable attorneys fees part costs parents prevail action brought act stat granted certiorari decide whether provision authorizes prevailing parents recover fees services rendered experts idea actions hold respondents pearl theodore murphy filed action idea behalf son joseph murphy seeking require petitioner arlington central school district board education pay son private school tuition specified school years respondents prevailed district supp sdny appeals second circuit affirmed prevailing parents respondents sought fees services educational consultant marilyn arons assisted respondents throughout idea proceedings district granted respondents request part held value arons time spent hearing request ruling respondents favor properly considered charges incurred action proceeding brought act see wl sdny july reduced maximum recovery district also held arons nonlawyer compensated time spent expert consulting services time spent legal representation concluded relevant time characterized falling within compensable category thus allowed compensation full appeals second circuit affirmed acknowledging circuits taken opposite view appeals second circuit held congress intended authorize reimbursement expert fees idea actions began discussing two decisions holding expert fees recovered taxed costs particular provisions see crawford fitting gibbons interpreting fed rule civ proc west virginia univ hospitals casey interpreting according decisions noted provision read permit prevailing party recover expert fees without statutory authority indicating congress intended sort ultimately though persuaded statement conference committee report relating casey made reference report citing conf based authorities concluded required interpret idea authorize award costs prevailing parents incur hiring experts granted certiorari resolve conflict among circuits respect whether congress authorized compensation expert fees prevailing parents idea actions compare goldring district columbia cadc neosho school dist clark ex rel clark lagrange school dist reverse ii resolution question presented case guided fact congress enacted idea pursuant spending clause art cl see schaffer weast like statutory predecessor idea provides federal funds assist state local agencies educating children disabilities conditions funding upon state compliance extensive goals procedures board ed hendrick hudson central school westchester cty rowley congress broad power set terms disburses federal money see south dakota dole congress attaches conditions state acceptance federal funds conditions must set unambiguously see pennhurst state school hospital halderman rowley supra egislation enacted pursuant spending power much nature contract therefore bound federally imposed conditions recipients federal funds must accept voluntarily knowingly pennhurst knowingly accept conditions unaware unable ascertain ibid thus present case must view idea perspective state official engaged process deciding whether state accept idea funds obligations go funds must ask whether state official clearly understand one obligations act obligation compensate prevailing parents expert fees words must ask whether idea furnishes clear notice regarding liability issue case iii considering whether idea provides clear notice begin text stated time courts must presume legislature says statute means means statute says connecticut nat bank germain statutory language plain sole function courts least disposition required text absurd enforce according terms hartford underwriters ins union planters bank quoting ron pair enterprises turn quoting caminetti internal quotation marks omitted governing provision idea provides action proceeding brought section discretion may award reasonable attorneys fees part costs parents child disability prevailing party provision provides award reasonable attorneys fees provision even hint acceptance idea funds makes state responsible reimbursing prevailing parents services rendered experts respondents contend interpret term costs accordance meaning ordinary usage therefore read authorize reimbursement costs parents incur idea proceedings including expert costs brief respondents argument multiple flaws one thing appeals case acknowledged term art generally include expert fees use term art rather term expenses strongly suggests meant provision makes participating liable expenses incurred prevailing parents connection idea case example travel lodging expenses lost wages due time taken work moreover contrary respondents suggestion say may award costs prevailing parents rather says may award reasonable attorney fees part costs prevailing parents language simply adds reasonable attorney fees incurred prevailing parents list costs prevailing parents otherwise entitled recover list otherwise recoverable costs obviously list set general statute governing taxation costs federal recovery witness fees strictly limited authorizes travel reimbursement per diem thus text authorize award additional expert fees certainly fails provide clear notice required spending clause provisions idea point strongly direction authorizing award reasonable attorney fees act contains detailed provisions designed ensure awards indeed reasonable see absence comparable provisions relating expert fees strongly suggests recovery expert fees authorized moreover lack reference expert fees gives rise similar inference provision generally requires parents receive full explanation procedural safeguards available refers expressly attorneys fees makes mention expert fees respondents contend interpretation supported provision handicapped children protection act required general accounting office gao collect certain data stat hereinafter gao study provision provision little significance present purposes gao study provision directed comptroller general acting gao compile data among things specific amount attorneys fees costs expenses awarded prevailing party idea cases particular period time number hours spent personnel including attorneys consultants involved action proceeding expenses incurred parents state educational agency local educational agency subparagraph provide support respondents position directed gao compile data awards prevailing parties expense hiring consultants subparagraph says subparagraph makes mention consultants experts subparagraph similarly help respondents subparagraph directs gao study number hours spent idea cases personnel including consultants says nothing award fees consultants congress directed gao compile statistics hours spent consultants idea cases follow congress meant compensate prevailing parties fees billed consultants respondents maintain congress direction gao inexplicable congress anticipate expenses recoverable brief respondents incorrect many reasons congress might wanted gao gather data expenses taxed costs knowing costs incurred idea litigants might useful considering future procedural amendments might affect costs future amendment regarding fee shifting fact apparent gao study provision covered expenses taxed costs example gao instructed compile statistics hours spent attorneys involved idea action proceeding even though act provide recovery attorney fees prevailing state local educational similarly gao directed compile data expenses incurred parents parents prevail thus eligible recover taxed costs sum terms idea overwhelmingly support conclusion prevailing parents may recover costs experts consultants certainly terms idea fail provide clear notice needed attach condition state receipt idea funds iv thus far considered text idea perhaps strongest support interpretation idea supplied decisions reasoning crawford fitting casey light decisions see said idea gives state unambiguous notice regarding liability expert fees crawford fitting rejected argument similar respondents argument term costs construed reference prevailing parents expenses argued crawford fitting federal rule civil procedure provides award costs prevailing party authorizes award costs listed held however rule give district judge discretion tax whatever costs may seem appropriate rather term costs rule defined list set recovery witness fees see strictly limited observed broader interpretation rule mean rule implicitly effected partial repeal provisions warned lightly infer congress repealed either rule provision referring explicitly witness fees reasoning crawford fitting strongly supports conclusion term costs like term rule defined categories expenses enumerated conclusion buttressed principle recognized crawford fitting statute construed authorizing taxation witness fees costs unless statute refer explicitly witness fees see also ibid absent explicit statutory contractual authorization taxation expenses litigant witness costs federal courts bound limitations set decision casey confirms even dramatically idea authorize award expert fees casey noted interpreted provision relevant wording virtually identical wording compare ibid authorizing award reasonable attorneys fees part costs prevailing parents ed permitting prevailing parties certain civil rights actions awarded reasonable attorney fee part costs held empower district award expert fees prevailing party casey supra decide favor respondents interpret virtually identical language exactly opposite meaning indeed go hold relevant language idea unambiguously means exactly opposite nearly identical language held mean casey appeals noted heavily influenced casey see quoting misunderstood meaning text accompanying argued based analysis several statutes term attorney fees include expert fees commented petitioners invocation conference committee report relating stated conferees intend ed term attorneys fees part costs include reasonable expenses fees expert witnesses reasonable costs test evaluation found necessary preparation case quoting conf ellipsis original statement commented apparent effort depart ordinary meaning define term art state conference committee report set correct interpretation much less report sufficient despite language statute provide clear notice required spending clause thrust simply term attorneys fees standing alone generally understood encompassing expert fees thus crawford fitting casey strongly reinforce conclusion idea unambiguously authorize prevailing parents recover expert fees respondents make several arguments based text idea arguments show idea provides clear notice regarding award expert fees respondents argue interpretation idea furthers act overarching goal ensur ing children disabilities available free appropriate public education well goal safeguard ing rights parents challenge school decisions adversely affect child brief respondents goals however general provide much support respondents reading terms idea idea obviously seek promote goals expense considerations including fiscal considerations idea intended instances broad goals identified respondents expense fiscal considerations goals cited respondents little bolster argument narrow question presented finally respondents vigorously argue congress clearly intended prevailing parents compensated expert fees rely legislative history particular following statement conference committee report discussed conferees intend term fees part costs include reasonable expenses fees expert witnesses reasonable costs test evaluation found necessary preparation case conf whatever weight legislative history merit another context sufficient putting legislative history aside see virtually support respondents position circumstances everything legislative history overwhelming suggests expert fees may recovered legislative history simply enough spending clause case key majority members houses intend clearly told regarding conditions go along acceptance funds face unambiguous text idea reasoning crawford fitting casey say legislative history respondents rely sufficient provide requisite fair notice reverse judgment appeals second circuit remand case proceedings consistent opinion ordered arlington central school district board education petitioner pearl murphy et vir writ certiorari appeals second circuit june justice ginsburg concurring part concurring judgment agree main resolution case part ways opinion one respect extracts pennhurst state school hospital halderman clear notice requirement deems applicable case congress enacted individuals disabilities education act idea legislation issue pennhurst pursuant spending clause ante extraction judgment unwarranted pennhurst clear notice requirement unmoored context confronted plea impose unexpected condition compliance new programmatic obligation participating bell new jersey controversy lower key concerns educational programs idea directs school districts provide remedies available noncomplying district ibid see post breyer dissenting repeated references spending clause derived clear notice requirement see ante questionable grounds well one thing idea enacted pursuant congress spending clause authority also pursuant fourteenth amendment see smith robinson idea predecessor education handicapped act set congress aid complying constitutional obligations provide public education handicapped furthermore clear notice prop needed case given twin pillars judgment securely rests first explains ante specific provisions idea overwhelmingly support conclusion prevailing parents may recover costs experts consultants ante provisions place controls fees recoverable attorneys services without mentioning costs parents might incur professional services controls geared costs second develops prior decisions closely point strongly suppor even confir dramatically today holding idea trains attorneys fees authorize award covering amounts paid payable services educational consultant ante citing crawford fitting gibbons west virginia univ hospitals casey contrary conclusion justice breyer dissent relies dominantly conference report stating conferees view term attorneys fees part costs includes expenses fees expert witnesses payments tests necessary preparation case conf internal quotation marks omitted including costs consultants tests make good sense light idea overarching goal provide free appropriate public education children disabilities see post breyer dissenting congress compose texts statutes numerous varied ignore alter common import terms attorneys fees costs context legislation see ed supp iii added specifically include expert fees part attorney fee casey citing variously composed statutes explicitly shift expert fees well attorney fees given constant meaning formulation attorneys fees part costs federal legislation liberty rewrite statutory text adopted houses congress submitted president add several words congress wisely might included ball conclude properly left congress provide elects consultant fees testing expenses beyond idea implementing regulations already along specifications conditions limitations geared fees expenses congress may deem appropriate cf listing attorneys fees expert consulting fees among procedural safeguards school districts must inform parents sum although disagree rationale extent invokes clear notice requirement tied spending clause agree discussion idea terms ante decisions crawford casey ante accordingly concur part opinion join judgment arlington central school district board education petitioner pearl murphy et vir writ certiorari appeals second circuit june justice souter dissenting join justice breyer dissent add word say outright otherwise implicit agree distinction draws case barnes gorman see post citing barnes supra souter concurring beyond emphasize importance handicapped children protection act stat amended note mandated study known government accountability office section equal dignity provision enacted statute makes justice breyer resort related conference report reasonable course arlington central school district board education petitioner pearl murphy et vir writ certiorari appeals second circuit june justice breyer justice stevens justice souter join dissenting individuals disabilities education act idea act et supp says may award reasonable attorneys fees part costs parents prevailing parties unlike believe word costs includes authorizes payment costs experts word costs define scope neither phrase attorneys fees part costs members congress make clear intent among things approving conference report specified term fees part costs include reasonable expenses expert witnesses reasonable costs test evaluation found necessary preparation parent guardian case action proceeding conf appendix infra senator representative voiced opposition statement discussion preceding vote conference report last vote bill sent president find good reason interpret language statute meaning precise opposite congress told us intended two strong reasons interpreting statutory phrase include award expert fees first congress said intended phrase second interpretation furthers idea statutorily defined purposes congress added idea provision enacted handicapped children protection act hcpa stat senator lowell weicker introduced relevant bill cong rec introduced sought overturn determination version idea civil rights statutes authorize courts award attorneys fees prevailing parents idea cases see smith robinson bill provided action proceeding brought subsection discretion may award reasonable attorney fee part costs parent legal representative handicapped child youth prevailing party cong rec see hearings debate several senators introduced new bill senate put cap attorneys fees legal services lawyers time explicitly authorized award reasonable attorney fee reasonable witness fees reasonable expenses civil action addition costs parent prevailing party emphasis added senator objected latter provision objected cap see additional views senators kerry kennedy pell dodd simon metzenbaum matsunaga accepting provision objecting cap aspects bill bipartisan group senators led senators hatch weicker proposed alternative bill authorized courts award reasonable attorney fee addition costs parent prevailed additional views senators hatch weicker stafford dole pell matsunaga simon kerry kennedy metzenbaum dodd grassley cong rec senator weicker explained bill enable courts compensate parents whatever reasonable costs incur fully secure guaranteed eha fee shifting statutes intent awards include discretion reasonable attorney fees necessary expert witness fees reasonable expenses necessary parents vindicate claim free appropriate public education handicapped child emphasis added word opposition statement provision voiced senate floor passed without recorded vote house version bill also reflected intention authorize recovery expert costs following house hearings committee education labor produced substitute bill authorized courts award reasonable attorneys fees expenses costs prevailing parents pp emphasis added house report stated phrase costs includes expenses expert witnesses reasonable costs study report test project found necessary preparation parents guardian due process hearing state administrative review civil action well traditional costs expenses incurred course litigating case depositions interrogatories emphasis added one objected statement time reached floor another substitute bill introduced cong rec new bill change respect text authorization expenses costs add provision however directed general accounting office gao known government accountability office see note supp study report congress fiscal impact provision see newly substituted bill passed house without recorded vote members house senate including primary sponsors hcpa met conference work certain differences conclusion negotiations produced conference report contained text bill joint explanatory statement committee conference see conf appendix infra conference accepted house bill gao provision amendment expanding data collection requirements gao study include information regarding amount funds expended local educational agencies state educational agencies civil actions administrative proceedings accepted minor changes provisions provided senate house versions conferees explained slightly different wording senate bill house amendment provide awarding attorneys fees addition costs senate recedes house house recedes senate amendment clarifying discretion may award reasonable attorneys fees part costs change wording incorporates marek chesny decision conferees intend term fees part costs include reasonable expenses fees expert witnesses reasonable costs test evaluation found necessary preparation parent guardian case action proceeding well traditional costs incurred course litigating case emphasis added citation omitted conference report returned senate house motion put adopt conference report senate house agreed conference report voice votes see appendix infra senate appendix infra house objection raised conference report statement provision intended authorize expert costs concede sponsors legislation mention anything floor expert consultant fees time conference report submitted ante ginsburg concurring part concurring judgment believe silence significant light fact every senator three five representatives spoke floor previously signed name conference report report made congress intent clear first page explanation see appendix infra every senator representative took floor preceding votes voiced strong support conference report cong rec senate house upshot members houses congress voted adopt statutory text us conference report made clear statute words include expert costs question act basic purpose supports interpreting provision language include expert costs idea guarantees free appropriate public education children disabilities supp see also defining free appropriate public education one provided public expense without charge defining special education specially designed instruction cost parents meet unique needs child disability emphasis added parents every right become involved act efforts provide education indeed act encourages participation idea ensur es families disabled children meaningful opportunities participate education children school assures parents may question school district decisions appropriate child may secure help experts parents right accompanied advised counsel individuals special knowledge training respect problems children disabilities see generally schaffer weast slip detailing act procedures board ed hendrick hudson central school westchester cty rowley emphasizing importance act procedural guarantees practical significance act participatory rights procedural protections may seriously diminished parents unable obtain reimbursement costs experts idea cases experts necessary see kuriloff goldberg mediation fair way resolve special education disputes first empirical findings harv negotiation rev detailing findings study showing high correlation use experts success parents challenging school district plan kuriloff justice served due process affecting outcome special education hearings pennsylvania law contemp prob see also brief national disability rights network et al amici curiae collecting sources cf schaffer supra slip ginsburg dissenting vast majority parents whose children require benefits protections provided idea lack knowledge educational resources available child sophistication mount effective case iep internal quotation marks alterations omitted experts also expensive see brief respondents collecting district decisions awarding expert costs ranging noting three reported cases expert awards exceeded costs experts may make much dent school district budget many experts use idea proceedings already staff cf oberti board ed clementon school parents award costs may matter enormously without potential reimbursement parents may well lack services experts entirely see department education wagner et individual household characteristics youth disabilities report national longitudinal tion pp finding disabled children live poverty live households incomes less see department ofeducation wagner et ren serve demographic characteristics elementary middle school students disabilities households available http designdocs seels children visited june available clerk case file finding disabled children live households incomes less word act statutory right free appropriate education may mean little must pay hundreds dollars obtain previously avoided interpretations bring kind result see school comm burlington department ed construing idea provision granting equitable authority courts include power order reimbursement parents switch child private schools decision later proves correct without cost reimbursement prevailing parents child right free appropriate public education parents right participate fully developing proper individualized education plan iep procedural safeguards less complete florence county school dist four carter holding prevailing parents barred reimbursement switching child private school meet idea definition free appropriate education carter explained idea intended ensure children disabilities receive education appropriate free read provisions bar reimbursement circumstances case defeat statutory purpose citation omitted read word costs requiring successful parents bear expenses experts suffers problem today result leave many parents guardians without expert firepower match opposition schaffer supra slip far cry level playing field congress envisioned ii majority makes essentially three arguments interpretation says statute purpose legislative history simply enough overcome fact spending clause case text statute prior cases hold term costs include expert costs ante find arguments convincing outset majority says guided fact congress enacted idea pursuant spending clause ante spending clause case majority adds key majority members houses intend clearly told regarding conditions go along acceptance funds ante thus statute conditions must set ante citing pennhurst state school hospital halderman rowley must ask whether statute furnishes clear notice regarding liability issue case ante agree statute face clearly tell must pay expert fees prevailing parents agree majority posed right question one thing repeatedly examined nature extent financial burdens idea imposes without reference spending clause rule see burlington supra private school fees carter supra smith continuous nursing service see thomas joined kennedy dissenting cases ask whether statute furnishes clear notice affirmative obligation liability issue another thing neither pennhurst case suggests every spending detail spending clause statute must spelled unusual clarity contrary held pennhurst requirement congress unambiguously set condition grant federal money necessarily apply legislation setting forth remedies available noncomplying state bell new jersey emphasis added rejecting argument elementary secondary education act unambiguously provide secretary recover federal funds misused state added pennhurst require congress specifically identify proscribe condition spending clause legislation jackson birmingham bd rejecting argument pennhurst precluded interpreting title ix private cause action encompass retaliation internal quotation marks alterations omitted see also bennett kentucky dept denied implication suits spending clause legislation suits contract principles apply issues raise barnes gorman emphasis added statements holdings surprising basic objective pennhurst requirement demand textual clarity respect every detail ambiguity precise nature statutory program details particularly kind might anticipated rarely relevant basic question accepted federal government funds known nature accompanying conditions often later details judicial interpretation lead one wonder whether funding recipients agreed enter basic program given nature details clear entered program regardless time view statutory detail highly complex program involving say transportation schools environment simply lens linguistic clarity rather assess meanings terms basic legislative purpose risk set judicial interpretations prevent program overall achieving basic objectives might well reduce program details incoherence case detail permitting parents recover expert fees lead awards indeterminate magnitude untethered compensable harm consequently pose concern recipients federal funding reasonably anticipated barnes souter joined concurring citation internal quotation marks omitted unlike say punitive damages award costs expert parties neither unorthodox indeterminate thus throw doubt whether entered program determinations whether idea requires provide continuing nursing services cedar rapids supra reimbursement private school tuition burlington supra call linguistic clarity precise content recoverable costs call clarity fortiori believes statute language unambiguous must disagree provision issue says may award reasonable attorneys fees part costs parents prevail action brought act supp statute neither defines word costs points source law definition word costs alone says nothing costs falls within scope neither statutory phrase part costs parents child disability prevailing party taken entirety unambiguously foreclose award expert fees agree read literally provision clearly grant authority award costs one might read referencing another federal statute provides authority see ante see also federal taxation cost statute reading inevitable provision indeed entire act says nothing statute one consistent language read provision embodying general authority award costs also specifying inclusion reasonable attorneys fees part costs saying example may award reasonable attorneys fees part costs award latter reading linguistically less natural legislatively likely majority alternative reading federal general statute applies solely federal courts produce jumble different cost definitions applicable similar idea administrative proceedings different see judge clerk may tax costs following emphasis added result particularly odd idea actions must begin state due process hearings federal cost statute clearly apply overwhelming majority actions never appealed see gao report ranking minority member committee health education labor pensions senate special education numbers formal disputes generally low using mediation strategies resolve conflicts approximately administrative hearings annually appealed state federal see also moore district columbia cadc en banc joining circuits holding idea authorizes award attorney fees parent prevails idea administrative proceedings parents appeal file actions either state federal courts supp congress obviously wanted content word costs vary state state proceeding proceeding ante majority reading text plausible possible reading majority persuasive argument focus either spending clause lack statutory ambiguity rather majority says costs term art light law long practice excluding expert fees scope word costs along cases interpreting word similarly statutes legislative history simply enough ante perfectly willing assume majority correct traditional scope word costs two cases held word costs limited list set forth include fees paid experts see crawford fitting gibbons interpreting fed rule civ proc west virginia univ hospitals casey interpreting congress free redefine terms art see casey citing examples statutes shift litigation including expert witness fees suggested might well statutory provision worded manner similar statute indeed cited conference report language issue characterizing language apparent effort depart ordinary meaning define term art noting congress made effort respect regardless statute indicates congress intend use word costs term art hcpa added provision idea also added another provision directing gao conduct study impact amendments idea made section year period following act effective date stat determine fiscal impact provision ordered gao submit report congress containing among things following information data geographically representative select sample indicating specific amount attorneys fees costs expenses awarded prevailing party action proceeding date enactment act fiscal year range fees costs expenses awarded actions proceedings section categorized type complaint sample number hours spent personnel including attorneys consultants involved action proceeding expenses incurred parents state educational agency local educational agency emphasis added congress intended word costs authorize award costs listed federal cost statute use word expenses part amount awarded prevailing party used term art costs cover expenses federal costs statute cover expenses least congress wanted gao study cf referring expenses solely refer special interpretation services provided actions initiated congress asking gao statute study numbers hours spent personnel include among personnel attorneys consultants experts consultants congress want gao study hours experts spent unless thought help keep track costs statute imposed course one might speculation find answers questions one might example imagine congress wanted gao study expenses payment expert fees engendered proceedings state federal law requires might receivable ante see supra one might think word expenses surplusage ante see duncan walker expressing ce treat statutory terms surplusage setting especially play pivotal role statutory scheme one might believe congress interested hours experts spent fees obtained ante answers necessarily consistent purpose gao study provision purpose revealed language provision position statute placement reference indicate congress ordered study help keep track magnitude reimbursements earlier part new statute namely mandated see stat stating purpose gao study determine impact section reimbursement requirement mandates payment costs speculate know congress intended gao study cover told gao conference report word costs included costs experts surprisingly gao made clear understood precisely congress asked final report gao wrote parents receive reimbursement state local education agencies attorney fees related expenses prevailing party part administrative hearings proceedings expert witness fees costs tests evaluations found necessary case costs services rendered administrative proceedings examples reimbursable expenses gao briefing report congressional requesters special education attorney fees provision public law least amounts indication congress intended word costs term art used statutes issue casey crawford fitting rather including certain additional expenses claims tradition interpretation given statutes strong prevent us examining legislative history history clear matter congress intended statutory phrase attorneys fees part costs include costs experts see part supra iii reasons set forth agree majority conclusion even less agree failure consider fully statute legislative history history makes congress purpose clear ultimate judicial goal interpret language light statute purpose seeking purpose avoid substitution judicial legislative reading language light maintain democratic link voters legislators statutes ultimate implementation upon legitimacy constitutional system rests view keep faith interpretive goal must retain traditional interpretive tools text structure history purpose faithful interpretation art well science rule canon rule use tools automatically advance cf helvering gregory hand nothing constitution forbids us giving significant weight legislative history disregarding clear statement legislative report adopted without opposition houses congress majority reached result member congress expected overtly desired adopted interpretation undercuts rather furthers statute purpose free appropriate public education children disabilities see circuit city stores adams stevens joined souter ginsburg breyer dissenting method statutory interpretation deliberately uninformed hence unconstrained may produce result consistent views things may also defeat purpose provision enacted adopted approach fear divorces law life see duncan supra breyer joined ginsburg dissenting reasons respectfully dissent appendix opinion breyer text act omitted graphic omitted see printed opinion appendix opinion breyer excerpts congressional record cong rec senate handicapped children protection act conference report weicker president submit report committee conference ask immediate consideration presiding officer report stated legislative clerk read follows committee conference disagreeing votes two houses amendments house bill amend education handicapped act authorize award reasonable attorneys fees certain prevailing parties clarify effect education handicapped act rights procedures remedies laws relating prohibition discrimination met full free conference agreed recommend recommend respective houses report signed majority conferees presiding officer without objection senate proceed consideration conference report floor statements omitted weicker president move adoption conference report presiding officer question agreeing conference report conference report agreed weicker president move reconsider vote conference report agreed appendix opinion breyer excerpts congressional record cong rec house conference report handicapped children protection act williams speaker call conference report senate bill amend education handicapped act authorize award reasonable attorneys fees certain prevailing parties clarify effect education handicapped act rights procedures remedies laws relating prohibition discrimination clerk read title senate bill floor statements omitted williams speaker yield back balance time move previous question conference report previous question ordered conference report agreed footnotes subparagraph refers costs expenses awarded prevailing parties generally presumed statutory language superfluous argued provision manifests expectation prevailing parties awarded certain expenses included list costs set expert fees intended among unenumerated expenses argument fails whatever expectation language might seem evidence fact remains neither provision idea authorizes award expenses costs recognizing respondents argue entitled recover expenses costs expert fees recoverable costs result reference awards expenses costs support respondents position reference expenses may relate idea actions brought state expenses costs might receivable reference may surplusage generally presumed statutes contain surplusage instances surplusage unknown attorneys fees provision provided award prevailing parents see congress amended include two additional awards see stat amendments provided awards prevailing party state educational agency local educational agency complaint filed frivolous presented improper purpose harass delay increase cost litigation see ii iii supp respondents note gao report stated expert witness fees reimbursable expenses see brief respondents citing gao special education attorney fees provision public law passing reference report issued agency responsible implementing idea plainly insufficient provide clear notice regarding scope conditions attached receipt idea funds footnotes relevant statement conference report reads entirety conferees intend term fees part costs include reasonable expenses fees expert witnesses reasonable costs test evaluation found necessary preparation parent guardian case action proceeding well traditional costs incurred course litigating case conf although conference report goes consider matters including controls attorneys fees nothing said expert witness fees test costs time conference report submitted senate house sponsors legislation mention anything floor expert consultant fees altogether clear however purpose legislation reverse decision smith robinson smith held statute designed prevailing parents entitled attorneys fees see cong rec remarks weicker adopting legislation rejecting reasoning smith versus robinson remarks kerry vital legislation reverses decision smith versus robinson remarks bartlett support provisions conference agreement response decision smith versus robinson authoriz awarding reasonable attorneys fees parents prevail special education cases remarks biaggi legislation clearly supports intent congress back corrects believe gross misinterpretation law attorneys fees provided individuals denied access educational parent right independent educational evaluation public expense parent disagrees evaluation obtained public agency