Page:United States Statutes at Large Volume 118.djvu/2754

 118 STAT. 2724 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(B) LIMITATION.—The party bringing the action shall have 90 days from the date of the decision of the hearing officer to bring such an action, or, if the State has an explicit time limitation for bringing such action under this part, in such time as the State law allows. ‘‘(C) 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 deter mines 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.— ‘‘(i) IN GENERAL.—In any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs— ‘‘(I) to a prevailing party who is the parent of a child with a disability; ‘‘(II) to a prevailing party who is a State edu cational agency or local educational agency 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 ‘‘(III) to a prevailing State educational agency or local educational agency against the attorney of a parent, or against the parent, if the parent’s complaint or subsequent cause of action was pre sented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation. ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in this subparagraph shall be construed to affect section 327 of the District of Columbia Appropriations Act, 2005. ‘‘(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 calcu lating the fees awarded under this subsection. ‘‘(D) PROHIBITION OF ATTORNEYS’ FEES AND RELATED COSTS FOR CERTAIN SERVICES.— ‘‘(i) IN GENERAL.—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—

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