Section 1415 (i) (3) (F) (i)

  • (i) the parent, or the parent’s attorney, during the course of the action or proceeding, unreasonably protracted the final resolution of the controversy;
  • (ii) the amount of the attorneys’ fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience;
  • (iii) the time spent and legal services furnished were excessive considering the nature of the action or proceeding; or
  • (iv) the attorney representing the parent did not provide to the local educational agency the appropriate information in the notice of the complaint described in subsection (b)(7)(A),

  • the court shall reduce, accordingly, the amount of the attorneys' fees awarded under this section.

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    Last modified on November 7, 2019