Page:United States Statutes at Large Volume 111 Part 1.djvu/117

 PUBLIC LAW 105-17-JUNE 4, 1997 111 STAT. 93 is convened as a result of an administrative proceeding or judicial action, or, at the discretion of the State, for a mediation described in subsection (e) that is conducted prior to the filing of a complaint under subsection (b)(6) or (k) of this section. "(E) EXCEPTION TO PROHIBITION ON ATTORNEYS' FEES AND RELATED COSTS.— Notwithstanding subparagraph (D), 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. "(F) REDUCTION IN AMOUNT OF ATTORNEYS' FEES.— Except as provided in subparagraph (G), whenever the court finds that— "(i) the parent, during the course of the action or proceeding, unreasonably protracted the final resolution of the controversy; "(ii) 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; "(iii) the time spent and legal services furnished were excessive considering the nature of the action or proceeding; or "(iv) the attorney representing the parent did not provide to the school district the appropriate information in the due process complaint in accordance with subsection (b)(7); the court shall reduce, accordingly, the amount of the attorneys' fees awarded under this section. "(G) EXCEPTION TO REDUCTION IN AMOUNT OF ATTORNEYS' FEES. —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 this section. "0") MAINTENANCE OF CURRENT EDUCATIONAL PLACEMENT. — Except as provided in subsection (k)(7), during the pendency of any proceedings conducted pursuant to this section, unless the State or local educational agency and the parents otherwise agree, the child shall remain in the then-current educational placement of.such child, or, if applying for initial admission to a public school, shall, with the consent of the parents, be placed in the public school program until all such proceedings have been completed. "(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL SETTING.— "(1) AUTHORITY OF SCHOOL PERSONNEL.— "(A) School personnel under this section may order a change in the placement of a child with a disability— "(i) to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives would be applied to children without disabilities); and "(ii) to an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but for not more than 45 days if—

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