D.C. Circuit Weighs in on IDEA Expert Fee Split

There is an established circuit split on the question whether prevailing parents may recover expert fees, in addition to attorney's fees, under the IDEA, and the issue is currently before the Supreme Court in a petition for certiorari filed about a month ago (Arlington Central School District v. Murphy, No. 05-18). Yesterday, the D.C. Circuit weighed in on the split. In Goldring v. District of Columbia, the court ruled, by a 2-1 vote, that prevailing parents may not recover expert fees. Judge Henderson wrote the opinion, and Judge Rogers dissented.