§ 300.517 Attorneys' fees.

Plain English summary

This section governs the award of attorneys' fees in actions brought under section 615 of IDEA. Courts may award reasonable fees to prevailing parents, and may also award fees against a parent's attorney or the parent when complaints are frivolous or filed for improper purposes. The section establishes detailed conditions for fee calculations, reductions, and prohibits use of Part B funds to pay attorneys' fees for any party.

Key requirements

• In any action or proceeding brought under section 615 of the Act, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to the prevailing party who is the parent of a child with a disability.
• Fees may be awarded to a prevailing SEA or LEA 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.
• Fees may be awarded to a prevailing SEA or LEA against the attorney of a parent, or against the parent, if the parent's request for a due process hearing 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.
• Funds under Part B of the Act may not be used to pay attorneys' fees or costs of a party related to any action or proceeding under section 615 of the Act and subpart E of this part.
• Fees awarded must be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded.
• Attorneys' fees may not be awarded and related costs may not be reimbursed for services performed subsequent to the time of a written offer of settlement to a parent if the offer is not accepted within 10 days and the relief finally obtained is not more favorable than the offer.
• Attorneys' fees may not be awarded relating to any meeting of the IEP Team unless the 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 § 300.506.
• A meeting conducted pursuant to § 300.510 shall not be considered a meeting convened as a result of an administrative hearing or judicial action, or an administrative hearing or judicial action for purposes of this section.
• An award of attorneys' fees and related costs may be made to a parent who is the prevailing party and who was substantially justified in rejecting the settlement offer.
• The court reduces the amount of attorneys' fees awarded if the parent or parent's attorney unreasonably protracted the final resolution of the controversy, the fees unreasonably exceed the hourly rate prevailing in the community, the time spent and legal services furnished were excessive, or the attorney did not provide appropriate information in the due process request notice in accordance with § 300.508.
• The provisions for reduction of fees do not apply if the court finds that the State or local agency unreasonably protracted the final resolution or there was a violation of section 615 of the Act.

Affected parties

• Parents of children with disabilities
• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Attorneys representing parents
• Courts and administrative hearing officers
• Public agencies

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.517