Section 1415 (i) (3) (D)

(D) Prohibition of attorneys’ fees and related costs for certain services

    (i) In general

  • Attorneys’ fees may not be awarded and related costs may not be reimbursed in any action or proceeding under this section for services performed subsequent to the time of a written offer of settlement to a parent if—
    • (I) the offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of an administrative proceeding, at any time more than 10 days before the proceeding begins;
    • (II) the offer is not accepted within 10 days; and
    • (III) the court or administrative hearing officer finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement.

    (ii) IEP Team meetings

  • Attorneys’ fees may not be awarded relating to any meeting of the IEP Team unless such meeting is convened as a result of an administrative proceeding or judicial action, or, at the discretion of the State, for a mediation described in subsection (e).
  • (iii) Opportunity to resolve complaints

  • A meeting conducted pursuant to subsection (f)(1)(B)(i) shall not be considered—
    • (I) a meeting convened as a result of an administrative hearing or judicial action; or
    • (II) an administrative hearing or judicial action for purposes of this paragraph.
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      Last modified on November 7, 2019