Success in the Court of Appeals

On August 17, 2018, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Krawietz by Parker v. Galveston Indep. Sch. Dist., No. 17-40461, 2018 WL 3965619 (5th Cir. Aug. 17, 2018). The Cuddy Law Firm represented the appellants, Ashley Krawietz and her mother, Amanda Parker. Andrew Cuddy and Jason Sterne handled the case for the Firm, with Mr. Cuddy appearing in Houston for the oral argument. Dorene Philpot, of Galveston, Texas, represented the parent in the due process hearing.

In Ashley’s case, a special education hearing officer determined that Galveston Independent School District deprived Ashley, a high school student with a disability, of a free appropriate public by failing to fulfill its Child Find duty in a timely manner. The U.S. District Court for the Southern District of Texas upheld the hearing officer’s decision and awarded Ashley’s mother attorneys’ fees and expenses. On appeal, Galveston argued that it did not violate the Individuals with Disabilities Education Act (IDEA) and that Ashley is not a “prevailing party” entitled to attorneys’ fees. The Court of Appeals upheld the decisions of the hearing officer and the District Court in their entirety.  The ability of families to rely on the fee shifting provision of the IDEA and recoup their legal fees is a crucial component of the law. It allows families access to legal representation when they might be unable to afford the cost. 

The Cuddy Law Firm focuses on special education law and has empowered parents to advocate for their children’s rights. The Firm serves families throughout New York, Pennsylvania, Ohio, Texas and North Carolina.

Decision Case No. 17-40461 Krawietz v Galveston ISD