Page:United States Statutes at Large Volume 111 Part 1.djvu/116

 Ill STAT. 92 PUBLIC LAW 105-17-JUNE 4, 1997 "(B) DECISION MADE AT APPEAL.—A decision made under subsection (g) shall be final, except that any party may bring an action under paragraph (2) of this subsection. " (2) RIGHT TO BRING CIVIL ACTION.— "(A) IN GENERAL. —Any party aggrieved by the findings and decision made under subsection (f) or (k) who does not have the right to an appeal under subsection (g), and any party aggrieved by the findings and decision under this subsection, shall have the right to bring a civil action with respect to the complaint presented pursuant to this section, which action may be brought in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. "(B) ADDITIONAL REQUIREMENTS.— In any action brought under this paragraph, the court— "(i) shall receive the records of the administrative proceedings; "(ii) shall hear additional evidence at the request of a party; and "(iii) basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate. " (3) JURISDICTION OF DISTRICT COURTS; ATTORNEYS' FEES. — "(A) IN GENERAL. — The district courts of the United States shall have jurisdiction of actions brought under this section without regard to the amount in controversy. "(B) AWARD OF ATTORNEYS' FEES.— In any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to the parents of a child with a disability who is the prevailing party. " (C) DETERMINATION OF AMOUNT OF ATTORNEYS' FEES. — Fees awarded under this paragraph shall 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 subsection. " (D) PROHIBITION OF ATTORNEYS' FEES AND RELATED COSTS FOR CERTAIN SERVICES.— "(i) Attorneys' fees may not be awarded and related costs may not be reimbursed in any action or proceeding under this section for services performed subsequent to the time of a written offer of settlement to a parent if— "(I) 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 10 days before the proceeding begins; "(II) the offer is not accepted within 10 days; and "(III) the court or administrative hearing officer finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement. "(ii) Attorneys' fees may not be awarded relating to any meeting of the lEP Team unless such meeting

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