Alaska Employment Law

The 9th Circuit panel that sat in Anchorage on August 7th has resolved another appeal. 

A parent sued the Alaska Department of Education and Early Development under the federal Individuals with Disabilities Education Act, alleging that DEED had violated IDEA when it refused to accept an unsigned administrative complaint.  District Judge Ralph Beistline dismissed the suit without prejudice, and awarded attorney fees to DEED.

On appeal, the parent argued that the State was not a prevailing party under Buckhannon v. West Virgainia, 532 US 598 (2001).   

The panel (per Judge Dorothy Nelson) agreed with the parent, holding that a dismissal without prejudice is not a judgment on the merits, and doesn’t alter the parties’ legal relationship.  The panel, thus, vacated Beistline’s fee award against the parent. 

Oscar v. Alaska Dep’t of Education, 2008 WL _______ (9th Cir. Sept. 3, 2008)

Megan Allison of the Disability Law Center of Alaska, in Anchorage, represented the parent.   Juneau AAG Neil Slotnick represented the State.