Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 33
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44Note
Nothing in Part B of the IDEA restricts or limits the rights, procedures, and remedies available
under the U.S. Constitution, the Americans with Disabilities Act of 1990, Title V of the
Rehabilitation Act of 1973 (Section 504), or other Federal laws protecting the rights of children
with disabilities, except that before the filing of a civil action under these laws seeking relief that
is also available under Part B of the IDEA, the due process procedures described above must be
exhausted to the same extent as would be required if the party filed the action under Part B of the
IDEA.
This means that you may have remedies available under other laws that overlap with those
available under the IDEA, but in general, to obtain relief under those other laws, you must first
use the available administrative remedies under the IDEA (i.e., due process hearing procedures)
before going directly into court.
A
’ F
TTORNEYS
EES
A court may decide that the losing party must pay the other party’s legal fees.
General
In any action or proceeding brought under the IDEA, if you prevail, the court, in its discretion,
may award reasonable attorneys’ fees as part of the costs to you.
In any action or proceeding brought under the IDEA, the court, in its discretion, may award
reasonable attorneys’ fees as part of the costs to VDOE or school division as prevailing party, to
be paid by your attorney, if the attorney: (a) filed a complaint or court case that the court finds is
frivolous, unreasonable, or without foundation; or (b) continued to litigate after the litigation
clearly became frivolous, unreasonable, or without foundation; or
In any action or proceeding brought under the IDEA, the court, in its discretion, may award
reasonable attorneys’ fees as part of the costs to VDOE or school division as prevailing party, to
be paid by you or your attorney, if your request for a due process hearing or later court case was
presented for any improper purpose, such as to harass, to cause unnecessary delay, or to
unnecessarily increase the cost of the action or proceeding.
Award of Fees
A court awards reasonable attorneys’ fees as follows:
1. Fees must be based on rates prevailing in the community in which the action or hearing
arose for the kind and quality of services furnished. No bonus or multiplier may be used
in calculating the fees awarded.
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