the long however your honor the supreme court has held in handily that the most critical factor is the degree of success and while it was appropriate for the district court to reduce fees for other reasons in addition to degrees of success i felt a little uneasy because of the lack of precedent for the next court if the court were to look at page five zero five of the record which is the transcript from our argument at the beginning the district court asked so i think the first question is is there discretion for me to to apply the degree of success however when the ultimate working out by the court there was no mention of degree of success the court merely said that the parent passed the significant issue test and their political beliefs party with i'm sorry what happened a decision from the supreme court to the i v regarding where the supreme court rejected metabolised theory and that was in shapiro vs paradise unified school district the july two thousand and four and after that we're not dealing with here you know we're not your honor but that's an fifteen i three b which provides no that would be abuse of discretion if we were conferences if a court had had the correct legal standard before us but if the district court believed that it was that it was found toward a l all feet without regard to the degree of success then that would have nothing to do we would even get to the question of abuse of discretion which way i believe your honor would be correct if the degree for the standard should be applied but it is not accused as the court clerk i'm sorry use of discretion again it would be useful here in terminal whether the district court properly reduced the award from forty two thousand or twenty one thousand because of the failure to identify prevailing issues but you are contesting that applied indeed the next case in this morning's calendar presents exactly that and so i don't know that you can come in and say well you don't have a case that the demands may so i when i think you've got to persuade us and the reason why this degree of success shouldn't be a factor degree of success standard in a good number of situations why is this one different i believe the difference first of all begins with the congressional intent of the id a which was to preserve the right of children with disabilities to frequent public education for the attorneys  male ward reasonable attorneys fees it doesn't say whatever attorney's fees get charged or whatever attorney's fees may be necessary to get representation for plaintiffs and reasonable is the key and that's where degree of success ordinarily comes in and is this  reasonable given the degree of success accomplished well the statutory framework of section fourteen fifteen outlines the parameters and which reasonable is determined that identifies those things which may not be reimbursed and also identifies those items for which the fees can be decisions of other circuits it appears that they don't need to amend the statute in order for degree of success to apply because according to other circuits degree of success does apply what in the one circuit has always been known as a maverick court not necessarily following other courts and it i is that what you have in these other cases specifically will go to a civil rights case in nine hundred eighty eight or nine hundred eighty three violation of the federal trials you have all the accuser months ago with that you have the discovery you have the rule sixteen and when you finally get to trial you can say ok these are really these are the issues we're going to go on you know we've had attended positions we're allowed to have we've had a request for production was how to request for admissions you don't have that possibility in this context accordingly if you know if you don't substantial the value was obtained by your client here as compared to what your client asked for mean in fact that the district's argument that you obtain only a small fraction of what you sought has gone on refuted that's really a red herring your honor is because under both federal law and california law as a matter statute the parent has the right to access and than look at the child's educational records within five days notice so there's not any surprises on the parents side at administrative proceed