Section 5-E3032. ATTORNEYS' FEES

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3032.1In an action or proceeding under this Chapter, courts may award parents reasonable attorneys' fees as part of the costs to the parents of a child with a disability who is the prevailing party.

3032.2The LEA shall pay attorneys' fees at rates consistent with applicable local and Federal laws.

3032.3The LEA shall review all requests for payment of expert fees submitted by parents who prevail against the LEA in proceedings brought under the Act and reimburse for such fees in accordance with applicable law.

3032.4All requests to the LEA for attorneys fees by parents who have prevailed against an LEA in administrative proceedings brought under IDEA shall be submitted within forty-five (45) days of the issuance of the hearing decision in which the child, parent, or guardian prevailed or execution of a settlement agreement requiring the payment of such fees. Failure to do so may result in delayed processing by the LEA.

source

Final Rulemaking published at 50 DCR 1854 (February 28, 2003).

                    
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