Page:United States Statutes at Large Volume 100 Part 1.djvu/833

 PUBLIC LAW 99-372—AUG. 5, 1986

100 STAT. 797

the community for similar services by attorneys of reasonably comparable skill, experience, and reputation; or "(iii) the time spent and legal services furnished were excessive considering the nature of the action or proceeding, the court shall reduce, accordingly, the amount of the attorneys' fees awarded under this subsection. "(G) The provisions of subparagraph (F) shall not apply in any action or proceeding if the court finds that the State or local educational agency unreasonably protracted the final resolution of the action or proceeding or there was a violation of section 615 of this Act.".

State and local government.

20 USC 1415.

EFFECT OF EDUCATION OF THE HANDICAPPED ACT ON OTHER LAWS

SEC. 3. Section 615 of the Education of the Handicapped Act is 20 USC 1415. amended by adding at the end thereof the following new subsection: "(0 Nothing in this title shall be construed to restrict or limit the rights, procedures, and remedies available under the Constitution, title V of the Rehabilitation Act of 1973, or other Federal statutes 29 USC 790. protecting the rights of handicapped children and youth, except that before the filing of a civil action under such laws seeking relief that is also available under this part, the procedures under subsections (b)(2) and (c) shall be exhausted to the same extent as would be required had the action been brought under this part.". GAO STUDY OF ATTORNEYS FEES PROVISION

SEC. 4. (a) The Comptroller General of the United States, through Reports, the General Accounting Office, shall conduct a study of the impact of the amendments to the Education of the Handicapped Act made 20 USC 1415 by section 2 of this Act. Not later than June 30, 1989, the Comptrol- note. ler General shall submit a report containing the findings of such 29 USC 701 note. study to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate. The Comptroller General shall conduct a formal briefing for such Committees on the status of the study not later than March 1, 1988. Such report shall include the information described in subsection (b). (b) The report authorized under subsection (a) shall include the following information: (1) The number, in the aggregate and by State, of written decisions under sections 615(b)(2) and (c) transmitted to State 20 USC 1415 advisory panels under section 615(d)(4) for fiscal years 1984 through 1988, the prevailing party in each such decision, and the type of complaint. For fiscal year 1986, the report shall designate which decisions concern complaints filed after the date of the enactment of this Act. (2) The number, in the aggregate and by State, of civil actions brought under section 615(e)(2), the prevailing party in each action, and the type of complaint for fiscal years 1984 through 1988. For fiscal year 1986 the report shall designate which decisions concern complaints filed after the date of enactment. (3) Data, for a geographically representative selective sample of States, indicating (A) the specific amount of attorneys' fees, costs, and expenses awarded to the prevailing party, in each action and proceeding under section 615(e)(4)(B) from the date of the enactment of this Act through fiscal year 1988, and the

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