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• Complaint

STATE COMPLAINT PROCEDURES

STATE COMPLAINT PROCEDURES

If a parent has concerns about their child’s special education services, the first step is to talk to the child’s teacher, the building principal, or one of the staff at the special education office. It helps to deal with concerns when they first arise.

If the concern cannot be resolved informally with the MOE, there are further steps available to the parents. The parent:

• May file a written State complaint with the special education office;
• May request for an impartial mediation; or
• May file a due process complaint which may result in a hearing.

The two major complaint procedures are the State Complaints and the Due Process Complaint. The table below describes briefly the difference between a State Complaint and a Due Process Complaint. Table 1: Difference between a State Complaint and a Due Process Complaint.

State Complaint Due Process Complaint Who can file? Individual or organization Parent/guardian or MOE Reason for filing? Violation of Part B requirement by the MOE or any other agency Complaint on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation (includes eligibility), or educational placement of a child with a disability, or the provision of a free appropriate public education (FAPE) to your child.

State Complaint Due Process Complaint Timeline for Filing Violation that occurred not more than one year prior to the date that the complaint is filed. Violation that happened not more than two years before the parent or the MOE knew or should have known about the stated action that is the reason for the due process complaint. Timeline for Resolution 60-calendar days unless the timeline is properly extended for the following reasons: (a) exceptional circumstances exist with respect to a particular State complaint; or (b) the parent and the MOE or other public agency involved voluntarily agree to extend the time to resolve the matter through mediation or alternative means of dispute resolution, if available in Palau. The MOE must ensure that not later than 45 calendar days after the expiration of the 30-calendar-day period for resolution meetings or, as adjustments to the 30- calendar-day resolution period, but not later than 45 calendar days after the expiration of the adjusted time period, a decision is made. A hearing officer may grant specific extensions of time beyond the 45-calendar- day time period described above at the request of either party (the parent or the MOE). Process Investigation by MOE Hearing conducted by an impartial hearing officer unless issue is resolved through resolution meeting.

Forms: State Complaint/Due Process Complaint Model Form- SE16A Request for Mediation form – SE 16B

Timeline: State Complaint: Must be resolved within 60 calendar days unless both parties agree to extension.

Due Process Complaint

• Hearing decision must be made within 45 calendar days unless resolved through Resolution meeting or if hearing is held, hearing is extended by Hearing Officer.
• Resolution Meeting must be held within 15 days of receiving due process complaint. Must be completed within 30 days of receiving the due process complaint Responsible person: Special Education Coordinator

PROCEDURES STATE COMPLAINT PROCEDURES General The MOE must widely disseminate the State complaint procedures to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities.

Remedies for denial of appropriate services In resolving a State complaint in which the MOE has found a failure to provide appropriate services, the MOE must address:

• The failure to provide appropriate services, including corrective action appropriate to address the needs of the child (such as compensatory services or monetary reimbursement); and

• Appropriate future provision of services for all children with disabilities. Filing a State Complaint

• An organization or an individual such as a parent may file a written state complaint when it believes that the MOE has violated a Part B requirement of IDEA. The organization or individual may file the complaint by completing the model form provided by the MOE or any other format as long as it includes the required information.

• In completing the model form, the individual must ensure it includes the following:

• A statement that the MOE or other public agency has violated a requirement of Part B of IDEA or its implementing regulations; the complaint must state a violation that occurred not more than one year prior to the date that the complaint is received.

• The facts on which the statement is based;

• The organization’s or individual’s (such as the parent) signature and contact information as the individual filing the complaint; and

• If alleging violations regarding a specific child:

• The name of the child and address of the residence of the child;

• The name of the school the child is attending;

• In the case of a homeless child or youth, available contact information for the child, and the name of the school the child is attending;

• A description of the nature of the problem of the child, including facts relating to the problem; and

• A proposed resolution of the problem to the extent known and available to the individual or organization filing the complaint at the time the complaint is filed.

• The individual or organization filing the State complaint must deliver or mail a copy of the complaint to the MOE or other public agency serving the child at the same time the party files the complaint with the MOE. If the individual or organization submits the form directly to the school, the school must submit the complaint to the central Special Education office and indicate “Attention: Special Education Coordinator.

• The MOE, through the SPED program, will carry out an independent on-site investigation, if the MOE determines that an investigation is necessary. The Special Education Coordinator shall assign a staff member to conduct the independent on- site investigation. If the complaint involves an issue for a specific child, the on-site evaluation must include interviews with the child’s school staff and a review of all records at the school.

• The MOE will give the individual or organization filing the complaint the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint. The special education coordinator will be the main contact for addressing complaints.

• The MOE or other public agency will respond to the complaint, including, at a minimum: (a) a proposal to resolve the complaint; and (b) an opportunity for a parent who has filed a complaint and the MOE to agree voluntarily to engage in mediation;

• The MOE must review all relevant information and make an independent determination as to whether the MOE or other public agency is violating a requirement of Part B of IDEA; and

• The MOE must issue a written decision within 60 calendar days to the individual or organization filing the complaint that addresses each allegation in the complaint and contains: (a) findings of fact and conclusions; and (b) the reasons for the MOE’s final decision. The MOE’s final decision, if needed, will include: (a) technical assistance activities; (b) negotiations; and (c) corrective actions to achieve compliance.

Extension of timeline The individual or organization may be permitted an extension of the 60 calendar-day time limit only if: (a) exceptional circumstances exist with respect to a particular State complaint; or (b) the individual or organization and the MOE or other public agency involved voluntarily agree to extend the time to resolve the matter through mediation.

State complaints and due process hearings

• If a written State complaint is received that is also the subject of a due process hearing, or the State complaint contains multiple issues of which one or more are part of such a hearing, the MOE must set aside any part of the State complaint that is being addressed in the due process hearing until the hearing is over. Any issue in the State complaint that is not a part of the due process hearing must be resolved using the time limit and procedures described above.

• If an issue raised in a State complaint has previously been decided in a due process hearing involving the same parties (for example, the parent and the MOE), then the due process hearing decision is binding on that issue and the MOE must inform the complainant that the decision is binding.

• A complaint alleging a MOE’s or other public agency’s failure to implement a due process hearing decision must be resolved by the MOE.

DUE PROCESS COMPLAINT PROCEDURES General The parent or the MOE may file a due process complaint on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation or educational placement of a child or the provision of a free appropriate public education (FAPE) to the child.

The due process complaint must state a violation that happened not more than two years before the parent or the MOE knew or should have known about the stated action that is the reason for the due process complaint. A parent may submit the Due process complaint to the school and the school will review and then transmit to the MOE Special Education Coordinator.

The above timeline does not apply if the parent could not file a due process complaint within the timeline because:

• The MOE specifically misinformed the parent that it had resolved the issues identified in the complaint; or
• The MOE did not give you information that it was required to provide the parent under Part B of IDEA. Information for parents The MOE must inform the parent of any free or low-cost legal and other relevant services available in the ROP if he/she requests the information, or if the parent or the MOE files a due process complaint.

FILING A DUE PROCESS COMPLAINT

• In order to request a hearing, the parent or the MOE (or the parent’s attorney or the MOE's attorney) must submit a due process complaint to the other party. That complaint must contain all of the content listed below and must be kept confidential. The parent or the school may request a copy of the form from the MOE Special Education office. However, the MOE may not require the use of these model forms. In fact, the parent can use the model form or another appropriate form, so long as it contains the required information for filing a due process complaint or a State complaint. The parent may submit the complaint directly to the school.

• Whoever files the complaint must also provide the MOE with a copy of the complaint. This is applicable if the school is the one filing the due process complaint. Therefore, they must submit to the MOE Special Education office.

• The parent or the school must complete the model form or other form for Due Process complaints and must ensure the following information is included:

• The child’s name and address, and the name of the child’s school;

• If the child is a homeless child or youth, the name of the child’s contact information and the name of the child’s schools;

• A description of the nature of the problem of the child relating to the proposed or refused action, including facts related to the problem; and

• A proposed resolution of the problem to the extent known and available to the complaining party (the parent or the MOE) at the time.

Notice required before a hearing on a due process complaint The parent or the MOE may not have a due process hearing until the parent or the MOE (or his/her attorney or the MOE’s attorney) files a due process complaint that includes the information listed above.

A valid complaint In order for a due process complaint to go forward, it must include all the required information. The due process complaint will be considered to include all the requirements unless the party receiving the due process complaint (the parent or the MOE) notifies the hearing officer and the other party in writing, within 15 calendar days of receiving the complaint that the receiving party believes that the due process complaint does not meet the requirements listed above.

Within five calendar days of receiving the notification that the receiving party (the parent or the MOE) considers a due process complaint invalid, the hearing officer must decide if the due process complaint meets the requirements listed above, and notifies the parent and the MOE in writing immediately.

Changes to the Due Process Complaint The parent or the MOE may make changes to the complaint only if:

• The other party approves of the changes in writing and is given the chance to resolve the due process complaint through a resolution meeting; or

• By no later than five days before the due process hearing begins, the hearing officer grants permission for the changes. If the complaining party (the parent or the MOE) makes changes to the due process complaint, the timelines for the resolution meeting (within 15 calendar days of receiving the complaint) and the time period for resolution (within 30 calendar days of receiving the complaint) start again on the date the amended complaint is filed.

• Once the MOE receives the due process complaint and if the MOE has not sent a prior written notice to the parent regarding the issue contained in the due process complaint, the MOE must, within 10 calendar days of receiving the due process complaint, send to the parent a response that includes:

• An explanation of why the MOE proposed or refused to take the action raised in the due process complaint;

• A description of other options that your child's individualized education program (IEP) Team considered and the reasons why those options were rejected;

• A description of each evaluation procedure, assessment, record, or report the MOE used as the basis for the proposed or refused action; and

• A description of the other factors that is relevant to the MOE’s proposed or refused action.

• The Special Education Coordinator appoints a hearing officer.

• Up receipt of the complaint, the MOE makes available the option of mediation to allow the parent and the MOE to resolve disagreements involving any matter under Part B of IDEA, including matters that happen prior to the filing of a due process

complaint. Thus, mediation is available to resolve disputes under Part B of IDEA, whether or not the parent has filed a due process complaint to request a due process hearing. Refer to MEDIATION procedures. Providing the information in items 1-4 above does not prevent the MOE from stating that the due process complaint did not have all the required information.

Except as stated above, the party receiving a due process complaint must, within 10 calendar days of receiving the complaint, send the other party a response that specifically addresses the issues in the complaint.

RESOLUTION PROCESS

• Resolution meeting Within 15 calendar days of receiving notice of the due process complaint, and before the due process hearing begins, the MOE must hold a meeting with the parent and the relevant member or members of the individualized education program (IEP) Team who have specific knowledge of the facts identified in the due process complaint. The meeting:

• Must include a representative of the MOE who has the authority to make decisions for the MOE; and

• May not include an attorney of the MOE unless you are accompanied by an attorney.

The parent and the MOE determine the relevant members of the IEP Team to attend the meeting. The purpose of the meeting is for the parent and the MOE to discuss the due process complaint, and the facts that form the basis of the complaint, so that the MOE has the opportunity to resolve the disagreement. .

The resolution meeting is not necessary if:

• The parent and the MOE agree in writing to waive the meeting; or
• The parent and the MOE agree to use the mediation process. Resolution period If the MOE has not resolved the due process complaint to the satisfaction within 30 calendar days of the receipt of the due process complaint (during the time period for the resolution process), the due process hearing may occur.

The 45-calendar-day timeline for issuing a final due process hearing decision begins at the expiration of the 30-calendar-day resolution period, with certain exceptions for adjustments made to the 30-calendar-day resolution period, as described below.

Except where the parent and the MOE have both agreed to waive the resolution process or to use mediation, the failure to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held.

If after making reasonable efforts and documenting such efforts, the MOE is not able to obtain the participation of the parent in the resolution meeting, the MOE may, at the end of the 30-calendar-day resolution period, request that a hearing officer dismiss the due process complaint.

Documentation of such efforts must include a record of the MOE’s attempts to arrange a mutually agreed upon time and place, such as:

• Detailed records of telephone calls made or attempted and the results of those calls;
• Copies of correspondence sent to the parent and any responses received; and
• Detailed records of visits made to the home or to your workplace and the results of those visits.

If the MOE fails to hold the resolution meeting within 15 calendar days of receiving notice of the due process complaint or fails to participate in the resolution meeting, you may ask a hearing officer to begin the 45-calendar-day due process hearing timeline.

Adjustments to the 30-calendar-day resolution period If the parent and the MOE agree in writing to waive the resolution meeting, then the 45-calendar-day timeline for the due process hearing starts the next day.

After the start of mediation or the resolution meeting and before the end of the 30- calendar-day resolution period, if the parent and the MOE agree in writing that no agreement is possible, then the 45-calendar-day timeline for the due process hearing starts the next day.

If the parent and the MOE agree to use the mediation process but have not yet reached agreement, at the end of the 30-calendar-day resolution period, the mediation process may be continued until an agreement is reached if both parties agree to the continuation in writing. However, if either you or the MOE withdraws from the mediation process during this continuation period, then the 45-calendar-day timeline for the due process hearing starts the next day.

Written settlement agreement If a resolution to the disagreement is reached at the resolution meeting, the parent and the MOE must enter into a legally binding agreement that is:

• Signed by the parent and a representative of the MOE who has the authority to legally sign for the MOE; and

• Enforceable in any ROP court of competent jurisdiction (a ROP court that has authority to hear this type of case) or in a district court of the United States or by the MOE, if the ROP has another mechanism or procedures that permit parties to seek enforcement of resolution agreements. Agreement review period If the parent and the MOE enter into an agreement as a result of a resolution meeting, either party (the parent or the MOE) may cancel the agreement within 3 business days of the time that both you and the MOE signed the agreement.

• If the parent and the MOE have not resolved the issue through the resolution process and/or mediation, the due process hearing shall proceed. Refer to Due Process Hearing Procedures.

MEDIATION Procedures

• Upon receiving a request for a due process complaint hearing, the MOE must make available the option of mediation. However, a parent may request for mediation without submitting a due process complaint and request for a hearing.

• The MOE must ensure that mediation is voluntary on the parents’ part and the MOE's part;

• Mediation is not used to deny or delay the right to a due process hearing, or to deny any other rights provided under Part B of IDEA; and

• Mediation is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.

• Instead of mediation, the MOE may offer parents and schools that choose not to use the mediation process, an opportunity to meet, at a time and location convenient to them, with an individual who has no interest regarding the issue:

• Who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the ROP; and

• Who would explain the benefits of, and encourage the use of, the mediation process to you.

• The MOE must keep a list of people who are qualified mediators and know the laws and regulations related to the provision of special education and related services and trained in mediation techniques. The MOE must select mediators on a random, rotational, or other impartial basis.

• The MOE shall select a qualified and impartial mediator from the list of mediators available on a rotating basis.

• The mediator schedules the meeting in a timely manner and at a place that is convenient for the parent and the MOE.

• If the parent and the MOE resolve a dispute through the mediation process, both parties must agree to a legally binding written agreement that identifies the agreements made and:

• States that all discussions that happened during the mediation process will remain confidential and may not be used as evidence in any due process hearing or civil proceeding (court case) that is held after the mediation; and

• Is signed by both the parent and the special education coordinator will serves as the representative of the MOE who has the authority to bind the MOE.

• A written, signed mediation agreement is enforceable in any ROP court of competent jurisdiction (a court that has the authority under ROP law to hear this type of case) or in a district court of the United States.

• Discussions that happened during the mediation process must be confidential. They cannot be used as evidence in any future due process hearing or civil proceeding of any Federal court or court of the ROP receiving assistance under Part B of IDEA.

Impartiality of mediator

The mediator:

• May not be an employee of the MOE or the MOE that is involved in the education or care of the child; and
• Must not have a personal or professional interest which may prevent the mediator from remaining neutral.
• A person who otherwise qualifies as a mediator is not an employee of the MOE or ROP agency solely because he or she is paid by the agency or MOE to serve as a mediator.

HEARINGS ON DUE PROCESS COMPLAINTS General Whenever a due process complaint is filed, the parent or the MOE involved in the dispute must have an opportunity for an impartial due process hearing. Impartial Hearing Officer

• An impartial hearing officer will be appointed to conduct the hearing.
• A hearing officer may not be conducted by a person who is an employee of the MOE or any public agency that is involved in the education or care of the child, or by any

person having personal or professional interest that would conflict with his or her objectivity in the hearing.

• However, a person is not an employee of the agency solely because he or she is paid by the MOE to serve as a hearing officer.
• The individual selected to be a hearing officer must be knowledgeable and understand the provisions of IDEA, Federal and ROP regulations pertaining to IDEA, and legal interpretations of IDEA by Federal and ROP courts; and
• Must have the knowledge and ability to conduct hearings, and to make and write decisions, consistent with appropriate, standard legal practice.

The MOE shall keep a list of the persons who serve as hearing officers. The list must include a statement of the qualifications of each of those persons.

Subject matter of due process hearing The party (the parent or the MOE) that requests the due process hearing may not raise issues at the due process hearing that were not addressed in the due process complaint, unless the other party agrees.

Timeline for requesting a hearing The parent or the MOE must request an impartial hearing on a due process complaint within two years of the date you or the MOE knew or should have known about the issue addressed in the complaint.

Exceptions to the timeline The above timeline does not apply to you if the parent could not file a due process complaint because:

• The MOE specifically misrepresented that it had resolved the problem or issue that the parent was raising in the complaint; or

• The MOE did not inform the parent what it was required to provide to the parent under Part B of IDEA. DUE PROCESS HEARING RIGHTS The parent or MOE have the right to represent him/her at a due process hearing (including a hearing related to disciplinary procedures). Any party (parent or MOE has certain rights, including the right to:

• Bring an attorney who can give advice;

• Bring one or more individuals who have knowledge or training regarding the problems of children with disabilities;

• Be represented at the due process hearing by an attorney or someone who is not an attorney;

• Prohibit the introduction of any evidence at the hearing that has not been disclosed to you at least five (5) business days before the hearing;

• Present evidence and confront, cross-examine (i.e. ask questions of the other side’s witnesses), and require the attendance of witnesses;

• Obtain a written, or, at the option, electronic, word-for-word record of the hearing; and

• Obtain written, or, at the option, electronic findings of fact and decisions. Additional disclosure of information At least five business days prior to a due process hearing, the parent and the MOE must disclose to each other all evaluations completed by that date and recommendations based on those evaluations that you or the MOE intend to use at the hearing.

A hearing officer may prevent any party that fails to comply with this requirement from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party. Parental Rights at hearings

• You must also be given the right to have your child present;
• Open the hearing to the public, if you choose; and
• Have the record of the hearing, the findings of fact and decisions provided to you at no cost.

Hearing Decisions:

Decision of the hearing officer A hearing officer’s decision on whether the child received a free appropriate public education (FAPE) must be based on evidence and arguments that directly relate to FAPE. The decision must be made within 45-days and mailed to both parties.

In matters alleging a procedural violation (such as “an incomplete IEP Team”), a hearing officer may find that the child did not receive FAPE only if the procedural violations:

• Interfered with the child’s right to a free appropriate public education (FAPE);
• Significantly interfered with the opportunity to participate in the decision-making process regarding the provision of a free appropriate public education (FAPE) to the child; or
• Caused the child to be deprived of an educational benefit. None of the provisions described above can be interpreted to prevent a hearing officer from ordering a MOE to comply with the requirements in the procedural safeguards section of the Federal regulations under Part B of IDEA. Separate request for a due process hearing Nothing in the procedural safeguards section of the Federal regulations under Part B of IDEA can be interpreted to prevent the parent or the MOE from filing a separate due process complaint on an issue separate from a due process complaint already filed.

Findings and decision provided to the advisory council and general public The MOE, after deleting any personally identifiable information, must:

• Provide the findings and decisions in the due process hearing or appeal to the special education advisory council; and
• Make those findings and decisions available to the public.

APPEALS Finality of hearing decision A decision made in a due process hearing (including a hearing relating to disciplinary procedures) is final, except that the parent or the MOE may appeal the hearing officer decision in a Republic of Palau court. Timelines and Convenience of Hearings and Reviews The MOE must ensure that not later than 45 calendar days after the expiration of the 30-calendar-day period for resolution meetings or, not later than 45 calendar days after the expiration of the adjusted time period:

• A final decision is reached in the hearing; and
• A copy of the decision is mailed to each of the parties.
• A hearing officer may grant specific extensions of time beyond the 45-calendar- day time period described above at the request of either party (the parent or the MOE).
• Each hearing must be conducted at a time and place that is reasonably convenient to the parent and your child.

Civil Actions, Including the Time Period in Which to File Those Actions

General Any party (the parent or the MOE) who does not agree with the findings and decision in the due process hearing (including a hearing relating to disciplinary procedures) has the right to bring a civil action (i.e. take it to the courts) with respect to the matter that was the subject of the due process hearing. The action may be brought in a ROP court of competent jurisdiction (a ROP court that has authority to hear this type of case) or in a district court of the United States without regard to the amount in dispute.

Time limitation The party (the parent or the MOE) bringing the action shall have 90 calendar days from the date of the decision of the hearing officer to bring the case to court.

Additional procedures In any civil action, the court:

• Receives the records of the administrative proceedings;

• Hears additional evidence at the parent’s request or at the MOE's request; and

• Bases its decision on the preponderance of the evidence and grants the relief that the court determines to be appropriate. Under appropriate circumstances, judicial relief may include reimbursement of private school tuition and compensatory education services.

Jurisdiction of district courts The district courts of the United States have authority to rule on actions brought under Part B of IDEA regardless of the amount of disagreement.

Rule of construction Nothing in Part B of IDEA restricts or limits the rights, procedures, and remedies available under the U.S. Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973 (Section 504), or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under Part B of IDEA, the due process procedures described above must be exhausted to the same extent as would be required if the party filed the action under Part B of IDEA. This means that you may have remedies available under other laws that overlap with those available under IDEA, but in general, to obtain relief under those other laws, you must first use the available administrative remedies under IDEA (i.e., the due process complaint; resolution process, including the resolution meeting; and impartial due process hearing procedures) before going directly into court.

The child’s placement while the due process complaint and hearing are pending During the course of any resolution process, due process hearing, or civil court appeal, the child will remain in his or her current educational placement. This is known as the “stay put” rule and applies unless: The parent and the MOE agree to another placement; The child is applying for initial admission to a public school and the parent consents to the child’s placement in the public school program until the completion of the hearing; or

• The child is removed to an interim alternative educational setting for discipline reasons by school personnel or hearing officer. If a hearing officer in a due process hearing conducted by the MOE agrees with the parent that a change of placement is appropriate, that placement must be treated as the child’s current educational placement where the child will remain while waiting for the decision of any impartial due process hearing or court proceeding.

Attorney’s Fees General A court may award reasonable attorney’s fees to the parents or guardians of a child or youth with disabilities if the hearing officer rules in the parent’s favor in any action or

proceeding related to the requirements of the Individuals with Disabilities Education Act (IDEA) to be paid by the attorney, if the attorney: (a) filed a complaint or court case that the court finds is not serious, unreasonable, or without any basis; or (b) continued to go to court after the court case clearly became silly, unreasonable, or without any basis; or In any action or proceeding brought under Part B of IDEA, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs to a prevailing MOE, to be paid by you or your attorney, if the request for a due process hearing or later court case was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to unnecessarily increase the cost of the action or hearing.

Award of Attorney fees A court awards reasonable attorneys’ fees as follows:

• Fees must be based on rates used in the Palau 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 in any action or proceeding under Part B of IDEA for services performed after a written offer of settlement is made to you if:

• The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of a due process hearing, at any time more than 10 calendar days before the proceeding begins;

• The offer is not accepted within 10 calendar days; and

• The court or administrative hearing officer finds that the resolution finally obtained by you is not more favorable to you than the offer of settlement.

Despite these restrictions, an award of attorneys’ fees and related costs may be made to you if you prevail and you were substantially justified in rejecting the settlement offer.

• Fees may not be awarded relating to any meeting of the individualized education program (IEP) Team unless the meeting is held as a result of an administrative proceeding or court action.

A resolution meeting is not considered a meeting convened as a result of an administrative hearing or court action, and also is not considered an administrative hearing or court action for purposes of these attorneys’ fees provisions.

The court reduces, as appropriate, the amount of the attorneys’ fees awarded under Part B of IDEA, if the court finds that:

• The parent, or the attorney, during the course of the action or proceeding, unreasonably delayed the final resolution of the dispute;

• 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 similar skill, reputation, and experience;

• The time spent and legal services furnished were excessive considering the nature of the action or proceeding; or

• The attorney representing parent did not provide to the MOE the appropriate information in the due process request notice.

However, the court may not reduce fees if the court finds that the MOE unreasonably delayed the final resolution of the action or proceeding or there was a violation under the procedural safeguards provisions of Part B of IDEA.