Attorney's Fees

• May be awarded to SEA or LEA

• Frivolous, unreasonable, or without foundation

• Improper purpose, such as to harass, cause unnecessary delay, or needlessly increase cost of litigation

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Speaker Notes:

Section 615(i)(3)(B)

Adds that the court may award reasonable attorneys' fees to a prevailing LEA 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

To a prevailing LEA against the attorney of a parent or against the parent if the parent's complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.

The law prohibits the awarding of attorneys' fees for resolution sessions.