JAMES C. CHAGNON and KAREN L. CHAGNON, Plaintiffs v. Town of Shrewsbury, Defendant, 901 F. Supp. 32

Summary

The parents sought an educational placement under IDEA for their 5-year-old son. The town offered its kindergarten program and an Individualized Education Plan (IEP). The parents rejected this, seeking a different placement and a summer program. The parties appeared before the Massachusetts Bureau of Special Education Appeals (BSEA) where the placement remained the same, the IEP was revised, and a summer program was mandated. The court granted the parents half of their attorney fees, finding that they were partially successful at the BSEA hearing, making them the "prevailing party" under 20 U.S.C.S. § 1415(e)(4)(B) of IDEA. The court found that that there was an actual alteration in the legal relationship between the parents and the town, revealing the parents' success. The court denied the motion for reference to a special master, finding no exceptional circumstances to warrant it.