multiplier may be used in court action, and also is not considered calculating the fees awarded. an administrative hearing or court action fees may not be for purposes of these fees Attorney’s attorney’s awarded and related costs may provisions. not be reimbursed in any action The court reduces, as appropriate, the or proceeding under Part B of amount of the fees awarded attorney’s IDEA for services performed under Part B of IDEA, if the court finds after a written offer of settlement that: is made to you if: You, or your attorney, during the The offer is made within the course of the action or time prescribed by Rule 68 of proceeding, unreasonably the Federal Rules of Civil delayed the final resolution of the Procedure or, in the case of a dispute; due process hearing or The amount of the fees attorney’s review, at any time otherwise authorized to be more than ten (10) calendar awarded unreasonably exceeds days before the proceeding the hourly rate prevailing in the begins; community for similar services The offer is not accepted by attorneys of reasonably within ten (10) calendar similar skill, reputation, and days; and experience; The court or administrative The time spent and legal services hearing officer finds that the furnished were excessive relief finally obtained by you considering the nature of the is not more favorable to you action or proceeding; or than the offer of settlement. The attorney representing you Despite these restrictions, an did not provide to the school award of fees and attorney’s district the appropriate related costs may be made to you information in the due process if you prevail and you were request notice as described under substantially justified in rejecting the heading Due Process the settlement offer. Complaint. Fees may not be awarded relating to any meeting of the IEP However, the court may not reduce fees Committee unless the meeting is if the court finds that the State or school held as a result of an district unreasonably delayed the final administrative proceeding or resolution of the action or proceeding or court action. there was a violation under the Fees also may not be awarded for procedural safeguards provisions of Part mediation as described under the B of IDEA. heading Mediation. PROCEDURES WHEN A resolution meeting, as described under DISCIPLINING CHILDREN the heading is not Resolution Process, considered a meeting convened as a WITH DISABILITIES result of an administrative hearing or
multiplier may be used in calculating the fees awarded. Attorney’s fees may not be awarded and related costs may not be reimbursed in any action or proceeding under Part B of IDEA for services performed after a written offer of settlement is made to you if: The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of a due process hearing or review, at any time more than ten (10) calendar days before the proceeding begins; The offer is not accepted within ten (10) calendar days; and The court or administrative hearing officer finds that the relief finally obtained by you is not more favorable to you than the offer of settlement. Despite these restrictions, an award of attorney’s fees and related costs may be made to you if you prevail and you were substantially justified in rejecting the settlement offer. Fees may not be awarded relating to any meeting of the IEP Committee unless the meeting is held as a result of an administrative proceeding or court action. Fees also may not be awarded for mediation as described under the heading Mediation. A resolution meeting, as described under the heading Resolution Process, is not considered a meeting convened as a result of an administrative hearing or court action, and also is not considered an administrative hearing or court action for purposes of these attorney’s fees provisions. The court reduces, as appropriate, the amount of the attorney’s fees awarded under Part B of IDEA, if the court finds that: You, or your attorney, during the course of the action or proceeding, unreasonably delayed the final resolution of the dispute; The amount of the attorney’s fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably similar skill, reputation, and experience; The time spent and legal services furnished were excessive considering the nature of the action or proceeding; or The attorney representing you did not provide to the school district the appropriate information in the due process request notice as described under the heading Due Process Complaint. However, the court may not reduce fees if the court finds that the State or school district unreasonably delayed the final resolution of the action or proceeding or there was a violation under the procedural safeguards provisions of Part B of IDEA. PROCEDURES WHEN DISCIPLINING CHILDREN WITH DISABILITIES
3947rfp.docx