34 CFR § 21.1 - Equal Access to Justice Act.
(1) Are prevailing parties in adversary adjudications before the Department of Education; and
(2) Meet all other conditions of eligibility contained in this part.
(b) An eligible applicant, as described in paragraph (a) of this section, is entitled to receive an award unless -
(i) The Department's position was substantially justified; or
(ii) Special circumstances make an award unjust; or