Split Opinion On This Issue.
In Irvine Unified School Dist. v. K.G., No. 14-56457 (9th Cir. April 13, 2017) (published), the Ninth Circuit, in a split decision, decided that it was unlikely that a student in an Individuals with Disabilities Education Act (IDEA) case should be entitled to fees for litigation after high school graduation, when the student had received all of the statutory benefits under IDEA and never faced even a nominal risk that those benefits would be taken away, although remanding to make sure proper allocations were made in the fee award. Circuit Judge Callahan sharply dissented, finding post-graduation fees were in order to promote the objectives of IDEA.