Iowa Admin. Code r. 281-41.517 - Attorneys' fees
(1)
General. 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 any of the following:
a. The prevailing party who is the parent of
a child with a disability;
b. To a
prevailing party who is an 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; or
c. 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.
(2)
Prohibition on use of
funds.
a. 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 this division.
b. Paragraph 41.517(2)"a"
does not preclude a public agency from using funds under Part B of the Act for
conducting an action or proceeding under Section 615 of the Act.
(3)
Award of
fees. A court awards reasonable attorneys' fees under Section
615(i)(3) of the Act consistent with the following:
a.
Amount of fees. Fees
awarded under Section 615(i)(3) of the Act 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 under this paragraph.
b.
When fees and costs may not be
awarded.
(1) Attorneys' fees may not
be awarded and related costs may not be reimbursed in any action or proceeding
under Section 615 of the Act for services performed subsequent to the time of a
written offer of settlement to a parent if:
1. 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 ten days before the
proceeding begins;
2. The offer is
not accepted within ten days; and
3. The court or administrative law judge
finds that the relief finally obtained by the parents is not more favorable to
the parents than the offer of settlement.
(2) 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 rule 281-41.506 (256B, 34CFR300
).
(3) A meeting conducted pursuant
to rule 281-41.510 (256B, 34CFR300)
shall not be considered either of the following:
1. A meeting convened as a result of an
administrative hearing or judicial action; or
2. An administrative hearing or judicial
action for purposes of this rule.
c.
Exception to offer of settlement
subrule. Notwithstanding subparagraph
41.517(3)"b"(1), 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.
d.
Reduction in attorney
fees. Except as provided in paragraph 41.517(3)"e,"
the court reduces, accordingly, the amount of the attorneys' fees awarded under
Section 615 of the Act, if the court finds that:
(1) The parent, or the parent's attorney,
during the course of the action or proceeding, unreasonably protracted the
final resolution of the controversy;
(2) 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;
(3) The time spent and legal services
furnished were excessive considering the nature of the action or proceeding;
or
(4) The attorney representing
the parent did not provide to the LEA the appropriate information in the due
process request notice in accordance with rule 281-41.508 (256B, 34CFR300
).
e.
Exception
to reduction in fees subrule. The provisions of paragraph
41.517(3)"d" do not apply in any action or proceeding if the
court finds that the state or local agency unreasonably protracted the final
resolution of the action or proceeding or there was a violation of Section 615
of the Act.
Notes
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