S-1 and S-2 v. Spangler

PHILLIPS, Circuit Judge: This § 1983 action by parents of handicapped children challenges the North Carolina State Board of Education's refusal to allow hearing officers appointed under the Education of the Handicapped Act (EHA), 20 U.S.C. § 1400 et seq., to award tuition reimbursement as a remedy for violations of the Act. Because the underlying controversy has now been mooted by events, we vacate the district court's order and remand to that court with directions to dismiss the action as moot, except for an ancillary claim for costs and attorney's fees.