09/04/2026
Miener v. State of Missouri, 800 F.2d 749 (8th Cir. 1986)
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Whether a plaintiff could recover compensatory educational services as an appropriate remedy under the Education of the Handicapped Act (EHA)—now known as the IDEA—when a disabled child was denied a free appropriate public education.
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Answer- Yes.
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"there is no indication that agencies should be exempt from a fee award where plaintiffs have had to resort to judicial relief to provide them the process they were constitutionally due." Smith v. Robinson, 468 U.S. 992 (1984) 468 U.S. at 1014 n. 17, 104 S. Ct. at 3470-71 n. 17
Terri Ann Miener, by and Through Her Next Friend, Parent,and Guardian, Clyde J. Miener, Appellant, v. State of Missouri; Joseph P. Teasdale, Governor;department of Elementary and Secondary Education of Thestate of Missouri; Arthur L. Mallory, Commissioner Ofeducation of the Department of Elementary....