Page:United States Statutes at Large Volume 118.djvu/2755

 118 STAT. 2725 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(I) the offer is made within the time pre scribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of an administrative pro ceeding, 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) IEP TEAM MEETINGS.—Attorneys’ fees may not be awarded relating to any meeting of the IEP Team unless such meeting 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). ‘‘(iii) OPPORTUNITY TO RESOLVE COMPLAINTS.—A meeting conducted pursuant to subsection (f)(1)(B)(i) shall not be considered— ‘‘(I) a meeting convened as a result of an administrative hearing or judicial action; or ‘‘(II) an administrative hearing or judicial action for purposes of this paragraph. ‘‘(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, or the parent’s attorney, 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 local educational agency the appropriate information in the notice of the complaint described in subsection (b)(7)(A), the court shall reduce, accordingly, the amount of the attor neys’ fees awarded under this section. ‘‘(G) EXCEPTION TO REDUCTION IN AMOUNT OF ATTOR NEYS’ 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 pro tracted the final resolution of the action or proceeding or there was a violation of this section. ‘‘(j) MAINTENANCE OF CURRENT EDUCATIONAL PLACEMENT.— Except as provided in subsection (k)(4), during the pendency of

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