Section 1415 (i) (3) (B)

(B) Award of attorneys’ fees

    (i) In general

  • In any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs—
    • (I) to a prevailing party who is the parent of a child with a disability;
    • (II) to a prevailing party who is a State educational agency or local educational agency against the attorney of a parent who files a complaint or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or
    • (III) to a prevailing State educational agency or local educational agency against the attorney of a parent, or against the parent, if the parent’s complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.

    (ii) Rule of construction

  • Nothing in this subparagraph shall be construed to affect section 327 of the District of Columbia Appropriations Act, 2005.
  • Severe Discrepancy
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    Last modified on November 7, 2019