Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 34
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442. Fees may not be awarded and related costs may not be reimbursed in any action or
proceeding under the IDEA for services performed after a written offer of settlement to
you if:
a. The offer is made within the time prescribed by Rule 68 of the Federal Rules of
Civil Procedure or, in the case of a due process hearing, at any time more than 10
calendar days before the proceeding begins;
b. The offer is not accepted within 10 calendar days; and
c. The court or hearing officer finds that the relief finally obtained by you is not
more favorable to you than the offer of settlement.
Despite these restrictions, an award of attorneys’ fees and related costs may be made to you
if you prevail and you were substantially justified in rejecting the settlement offer.
3. Fees may not be awarded relating to any meeting of the Individualized Education
Program (IEP) Team unless the meeting is held as a result of an administrative
proceeding or court action. In Virginia, this also extends to mediation that is conducted
prior to the filing of a request for due process.
A resolution meeting, as described under the heading Resolution Meeting, is not
considered a meeting convened as a result of a due process hearing or court action, and
also is not considered a due process hearing or court action for purposes of these
attorneys’ fees provisions.
The court reduces, as appropriate, the amount of the attorneys’ fees awarded under the IDEA, if
the court finds that:
1. You, or your attorney, during the course of the action or proceeding, unreasonably
delayed the final resolution of the dispute;
2.
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 similar skill, reputation, and experience;
3. The time spent and legal services furnished were excessive considering the nature of the
action or proceeding; or
4. The attorney representing you did not provide to the school division the appropriate
information in the due process request notice as described under the heading Request for
Due Process.
However, the court may not reduce fees if the court finds that the State or school division
unreasonably delayed the final resolution of the action or proceeding or there was a violation
under the procedural safeguards provisions of the IDEA.
PROCEDURES WHEN DISCIPLINING CHILDREN WITH DISABILITIES
You have the right to respond to certain disciplinary actions taken with your
child.
If your child breaks school rules, your child’s educational placement
may be changed. However, the school division must follow certain steps.
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