M.H. and C.F.G.H. v. Pulaski County Special School District

CourtDistrict Court, E.D. Arkansas
DecidedMarch 31, 2026
Docket4:24-cv-00167
StatusUnknown

This text of M.H. and C.F.G.H. v. Pulaski County Special School District (M.H. and C.F.G.H. v. Pulaski County Special School District) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
M.H. and C.F.G.H. v. Pulaski County Special School District, (E.D. Ark. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

M.H. and C.F.G.H. PLAINTIFFS

v. Case No. 4:24-cv-00167-LPR

PULASKI COUNTY SPECIAL SCHOOL DISTRICT DEFENDANT

ORDER This is the attorneys’ fees and costs portion of a case brought under the Individuals with Disabilities Education Act (IDEA).1 Plaintiffs are parents of a disabled student who seek to use their prevailing-party status to receive attorneys’ fees and costs in federal court.2 Plaintiffs seek a total of $45,264.32 in attorneys’ fees and costs.3 More specifically, Plaintiffs request $44,503.33 in attorneys’ fees and $760.99 in costs to recover the expense of litigating one Arkansas Department of Education due process hearing and the present federal case.4 For the reasons stated below, Plaintiffs’ Motion for Attorneys’ Fees and Costs is GRANTED IN PART and DENIED IN PART. Accordingly, the Court awards Plaintiffs $27,503.50 in attorneys’ fees and $760.99 in costs, for a total of $28,264.49. I. BACKGROUND Plaintiffs filed a due process complaint with the Arkansas Department of Education alleging that the Pulaski County Special School District denied their child a Free Appropriate

1 See Compl. (Doc. 1); 20 U.S.C. §§ 1400–1487. 2 See generally Compl. (Doc. 1); Pls.’ Mot. for Att’y Fees and Costs (Doc. 32). 3 See Pls.’ Mot. for Att’y Fees and Costs (Doc. 32) at 3. 4 See id. at 1–2. Public Education (FAPE) in violation of the IDEA.5 That complaint was heard at a five-day administrative hearing.6 The hearing resulted in a decision in Plaintiffs’ favor.7 About six months after receiving the favorable decision, Plaintiffs brought the decision to federal court seeking attorneys’ fees and costs as the prevailing party in the due process hearing.8 Plaintiffs subsequently filed the instant Motion before the Court seeking $44,503.33 in attorneys’ fees and $760.99 in

costs.9 II. ANALYSIS a. Attorneys’ Fees The IDEA permits district courts to “award reasonable attorneys’ fees as part of the costs . . . to a prevailing party who is the parent of a child with a disability . . . .”10 To calculate attorneys’ fees under the IDEA, courts typically employ the lodestar method.11 That method requires “multiplying the number of hours reasonably expended by the reasonable hourly rates.”12 A court performing this calculation “should exclude hours that were not reasonably

5 See Compl. (Doc. 1) ¶ 8. 6 See id. ¶ 10. The due process hearing took place on the following days in 2023: June 28, June 29, June 30, July 24, and July 26. See Ex. A (Administrative Order) to Compl. (Doc. 1) at 8. 7 See generally Ex. A (Administrative Order) to Compl. (Doc. 1) at 6–33. The Administrative Order was published on August 30, 2023. See id. at 33. 8 See Compl. (Doc. 1). In addition to the Complaint (Doc. 1) and instant Motion (Doc. 32) (and associated filings), the parties also filed Cross-Motions for Judgment on the Record. The Court heard oral argument on those motions at a hearing on April 16, 2025. See Doc. 29. Following the hearing, the Court issued an Order on April 21, 2025, denying “Defendant’s motion for judgment on the record . . . in full . . . .” Doc. 31 at 9. The Court also dismissed Plaintiffs’ counterclaim with prejudice, while granting Plaintiffs’ Motion for Judgment on the Record. See id. at 9–10. Plaintiffs requested attorneys’ fees and costs, but the Court determined that attorneys’ fees were “not something that the motion for judgment concerns, and that [issue] is left for another day.” Id. at 10. The instant Motion for Attorneys’ Fees and Costs was filed two weeks later on May 5, 2025. See Doc. 32. 9 See Pls.’ Mot. for Att’y Fees and Costs (Doc. 32) at 1–2. 10 20 U.S.C. § 1415(i)(3)(B)(i)(I). 11 See Paris Sch. Dist. v. Harter, 894 F.3d 885, 889 (8th Cir. 2018) (“Where attorney fees are appropriate, courts typically use the ‘lodestar’ method for calculating a reasonable award.”). 12 Id. (internal quotation marks omitted) (quoting Dindinger v. Allsteel, Inc., 853 F.3d 414, 429 (8th Cir. 2017)). expended . . . .”13 And in determining the hourly rates, a court uses “the ordinary rate for similar work in the community where the case has been litigated.”14 In line with the foregoing legal framework, the Court must now determine the prevailing rates for attorneys and paralegals in Arkansas for IDEA cases.15 Plaintiffs contend that the following rates are reasonable in Arkansas: $350 per hour for lead attorney Theresa Caldwell, $250

per hour for co-counsel Clay Fendley, and $100 per hour for paralegal Darlene Hogancamp.16 The Court disagrees with all but the proposed paralegal rate. Reasonable rates for IDEA cases in the Eastern District of Arkansas are $250 per hour for lead counsel, $200 per hour for co-counsel, and $100 per hour for a paralegal.17

13 Vines v. Welspun Pipes Inc., 9 F.4th 849, 855 (8th Cir. 2021) (internal quotation marks omitted) (quoting Childress v. Fox Assocs., LLC, 932 F.3d 1165, 1172 (8th Cir. 2019)). 14 Fish v. St. Cloud State Univ., 295 F.3d 849, 851 (8th Cir. 2002) (citing Emery v. Hunt, 272 F.3d 1042, 1048 (8th Cir. 2001)). 15 The Court does not discuss Plaintiffs’ prevailing party status because the District has not challenged that status. 16 See Pls.’ Br. in Supp. of Pls.’ Mot. for Att’y Fees and Costs (Doc. 33) at 14–17. The District does not dispute that $100 per hour is a reasonable rate for a paralegal in Arkansas. The Court finds that rate to be reasonable. 17 See C.W. v. Greenbrier Sch. Dist., No. 4:21-cv-00987-BRW, at *4 (E.D. Ark. Feb. 23, 2023) (awarding Ms. Caldwell $250 per hour and Mr. Fendley $200 per hour); Jacksonville N. Pulaski Sch. Dist. v. D.M., No. 4:20-cv-00256-BRW, 2021 U.S. Dist. LEXIS 256673, at *5 (same); Johnson v. Sims, No. 2:20-cv-139-DPM, 2020 WL 6585693, at *1 (E.D. Ark. Nov. 10, 2020) (awarding another lead attorney $250 per hour and co-counsel $200 per hour); B.H. v. Vilonia Sch. Dist., No. 4:18-cv-855-DPM, 2020 U.S. Dist. LEXIS 102570, at *1 (E.D. Ark. June 9, 2020) (awarding Ms. Caldwell $250 per hour and Mr. Fendley $180 per hour); McMinn v. Sloan-Hendrix Sch. Dist., No. 3:16-cv-23- DPM, 2018 U.S. Dist. LEXIS 39882, at *3 (E.D. Ark. Mar. 12, 2018) (same); Surles v. Pocahontas Sch. Dist., No. 3:16-cv-183-DPM, 2017 U.S. Dist. LEXIS 155027, at *4 (E.D. Ark. Sep. 22, 2017) (same). See also Paris Sch. Dist, 894 F.3d at 888–89 (affirming rates of $250 per hour for Ms. Caldwell and $200 per hour for Mr. Fendley in the Western District of Arkansas); S.A. v. Magnet Cove Sch. Dist., No. 6:24-cv-6146, at *4 (W.D. Ark. June 3, 2025) (providing the same rates to Ms. Caldwell and Mr. Fendley and listing cases in support of those rates). Despite these cases, Plaintiffs urge the Court to adopt a higher rate for Ms. Caldwell and Mr. Fendley. See Pls.’ Br. in Supp. of Pls.’ Mot. for Att’y Fees and Costs (Doc. 33) at 14–17. Their arguments for doing so are unavailing. These arguments can be grouped into two buckets. First, Plaintiffs point the Court to cases where Ms. Caldwell was given a rate of $350 per hour and Mr. Fendley was given a rate of $250 per hour (and to other cases where other similarly situated attorneys were given comparable rates). See id. at 14–16 (citing A.W. v. Pulaski Cnty. Special Sch. Dist., No. 4:22-cv-00168-JM, 2023 WL 5959496, at *2 (E.D. Ark. Sep.

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Bluebook (online)
M.H. and C.F.G.H. v. Pulaski County Special School District, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mh-and-cfgh-v-pulaski-county-special-school-district-ared-2026.