S.K. v. New York City Department Of Education

Background

S.K. and G.K., the parents of A.K., a minor with disabilities, sued the New York City Department of Education under the Individuals with Disabilities Education Act (IDEA). They sought reimbursement for attorneys’ fees incurred in obtaining an appropriate educational placement for A.K., including fees from an administrative proceeding before an Impartial Hearing Officer.

The parents had placed A.K. at Gersh Academy for the 2016–2017 school year because they did not believe the Department of Education’s proposed education plan and placement would provide A.K. with a free appropriate public education. They filed an administrative complaint on November 2, 2016. The hearing involved 11 proceedings over 10 days between January 24, 2017, and May 25, 2018. The hearing officer ultimately granted the parents the requested relief, finding that Gersh Academy provided an appropriate program, that the parents acted reasonably, and that they were entitled to tuition reimbursement. The Department of Education did not appeal, making the parents the prevailing party.

Fee request and dispute

The parents moved for summary judgment and requested $199,176.75 in fees for Kule-Korgood & Associates, $24,475.25 for Ellen Saideman, and $653 in costs. The Department of Education did not dispute that the parents were the prevailing party, but argued that the requested hourly rates and hours were unreasonable and excessive.

The court evaluated the request by determining reasonable hourly rates and reasonable hours. It considered the length and contested nature of the administrative proceeding, the attorneys’ experience, the results obtained, comparable awards, and whether the billed work was excessive or duplicative.

Hourly rates

The court approved a rate of $500 per hour for Michele Kule-Korgood’s ordinary work and $250 per hour for her travel time. It approved $450 per hour for Ellen Saideman, $300 per hour for Lauren Goldberg, $300 per hour for Joseph DaProcida, $300 per hour for Kira Epstein, $250 per hour for Melissa Ayre, and $200 per hour for Emily Thomas.

The court approved $125 per hour for paralegals Noelle Giesse and Michele Hutchinson. It approved $100 per hour for law students Lauren Riddell, Fiona Hathaway, and Amanda Vice.

Hours and fee calculations

For the administrative proceeding, the court reduced Kule-Korgood’s hours by 20% because some of her research and writing time, particularly time spent on the closing brief, was excessive for the scope of the proceeding. It reduced her travel hours by 50%. The court did not adopt the Department of Education’s arguments that the administrative case was excessive because of overstaffing, transcript summaries, or hearing preparation.

For the federal fee litigation, the court reduced the billed hours by 50%. It found that the fee application involved a straightforward issue, that the legal research was extensive in relation to the case, and that the work was duplicative or excessive in light of established precedent.

The court awarded the following fees:

- Administrative proceeding: $101,985.75 - Federal proceeding: $52,110.75 - Total attorneys’ fees: $154,096.50

The court also awarded $653 in costs for filing fees and parking expenses.

Disposition

Judge Rochon granted the plaintiffs’ motion for summary judgment and attorneys’ fees with the modifications to hourly rates and billable hours described in the opinion. The Clerk was directed to enter judgment and close the case.