J.S. v. DOCCS, No. 21-2447 (2d Cir. 2023)
Annotate this Case
Plaintiff appealed the district court’s judgment dismissing for failure to state a claim his suit against Defendant-Appellee New York State Department of Corrections and Community Supervision (“DOCCS”) for attorneys’ fees and costs under 20 U.S.C. Section 1415(i)(3)(B)(i), the fee-shifting provision of the Individuals with Disabilities Education Act (“IDEA”).
The Second Circuit reversed and remanded. The court explained that the relevant provision permits a court, in its discretion, to award reasonable attorneys’ fees and related costs to “a prevailing party who is the parent of a child with a disability.” 20 U.S.C. Section 1415(i)(3)(B)(i)(I). The IDEA defines “parent” broadly to include, inter alia, foster parents, guardians, individuals “acting in the place of a natural or adoptive parent . . . with whom the child lives,” and “individual[s] who [are] legally responsible for the child’s welfare.” On de novo review, the court concluded that the IDEA permits a court to award fees and costs to J.S. as “an individual who is legally responsible for the child’s welfare” because, as an adult “child with a disability” and without representation by a guardian, natural parent, or appointed individual, he prevailed in his action on his own behalf seeking required educational services from DOCCS.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.