H. R. 5—54
‘‘(H) requirements for unilateral placement by parents
of children in private schools at public expense;
‘‘(I) mediation;
‘‘(J) due process hearings, including requirements for
disclosure of evaluation results and recommendations;
‘‘(K) State-level appeals (if applicable in that State);
‘‘(L) civil actions; and
‘‘(M) attorneys’ fees.
‘‘(e) MEDIATION.—
‘‘(1) IN GENERAL.—Any State educational agency or local
educational agency that receives assistance under this part
shall ensure that procedures are established and implemented
to allow parties to disputes involving any matter described
in subsection (b)(6) to resolve such disputes through a mediation
process which, at a minimum, shall be available whenever
a hearing is requested under subsection (f ) or (k).
‘‘(2) REQUIREMENTS.—Such procedures shall meet the fol-
lowing requirements:
‘‘(A) The procedures shall ensure that the mediation
process—
‘‘(i) is voluntary on the part of the parties;
‘‘(ii) is not used to deny or delay a parent’s right
to a due process hearing under subsection (f ), or to
deny any other rights afforded under this part; and
‘‘(iii) is conducted by a qualified and impartial
mediator who is trained in effective mediation tech-
niques.
‘‘(B) A local educational agency or a State agency may
establish procedures to require parents who choose not
to use the mediation process to meet, at a time and location
convenient to the parents, with a disinterested party who
is under contract with—
‘‘(i) a parent training and information center or
community parent resource center in the State estab-
lished under section 682 or 683; or
‘‘(ii) an appropriate alternative dispute resolution
entity;
to encourage the use, and explain the benefits, of the
mediation process to the parents.
‘‘(C) The State shall maintain a list of individuals
who are qualified mediators and knowledgeable in laws
and regulations relating to the provision of special edu-
cation and related services.
‘‘(D) The State shall bear the cost of the mediation
process, including the costs of meetings described in
subparagraph (B).
‘‘(E) Each session in the mediation process shall be
scheduled in a timely manner and shall be held in a loca-
tion that is convenient to the parties to the dispute.
‘‘(F) An agreement reached by the parties to the dispute
in the mediation process shall be set forth in a written
mediation agreement.
‘‘(G) Discussions that occur during the mediation proc-
ess shall be confidential and may not be used as evidence
in any subsequent due process hearings or civil proceedings
and the parties to the mediation process may be required
H. R. 5—55
to sign a confidentiality pledge prior to the commencement
of such process.
‘‘(f ) IMPARTIAL DUE PROCESS HEARING.—
‘‘(1) IN GENERAL.—Whenever a complaint has been received
under subsection (b)(6) or (k) of this section, the parents
involved in such complaint shall have an opportunity for an
impartial due process hearing, which shall be conducted by
the State educational agency or by the local educational agency,
as determined by State law or by the State educational agency.
‘‘(2) DISCLOSURE
OF
EVALUATIONS
AND
RECOMMENDA-
TIONS.—
‘‘(A) IN GENERAL.—At least 5 business days prior to
a hearing conducted pursuant to paragraph (1), each party
shall disclose to all other parties all evaluations completed
by that date and recommendations based on the offering
party’s evaluations that the party intends to use at the
hearing.
‘‘(B) FAILURE TO DISCLOSE.—A hearing officer may bar
any party that fails to comply with subparagraph (A) from
introducing the relevant evaluation or recommendation at
the hearing without the consent of the other party.
‘‘(3) LIMITATION ON CONDUCT OF HEARING.—A hearing con-
ducted pursuant to paragraph (1) may not be conducted by
an employee of the State educational agency or the local edu-
cational agency involved in the education or care of the child.
‘‘(g) APPEAL.—If the hearing required by subsection (f ) is con-
ducted by a local educational agency, any party aggrieved by the
findings and decision rendered in such a hearing may appeal such
findings and decision to the State educational agency. Such agency
shall conduct an impartial review of such decision. The officer
conducting such review shall make an independent decision upon
completion of such review.
‘‘(h) SAFEGUARDS.—Any party to a hearing conducted pursuant
to subsection (f ) or (k), or an appeal conducted pursuant to sub-
section (g), shall be accorded—
‘‘(1) the right to be accompanied and advised by counsel
and by individuals with special knowledge or training with
respect to the problems of children with disabilities;
‘‘(2) the right to present evidence and confront, cross-exam-
ine, and compel the attendance of witnesses;
‘‘(3) the right to a written, or, at the option of the parents,
electronic verbatim record of such hearing; and
‘‘(4) the right to written, or, at the option of the parents,
electronic findings of fact and decisions (which findings and
decisions shall be made available to the public consistent with
the requirements of section 617(c) (relating to the confidential-
ity of data, information, and records) and shall also be
transmitted to the advisory panel established pursuant to sec-
tion 612(a)(21)).
‘‘(i) ADMINISTRATIVE PROCEDURES.—
‘‘(1) IN GENERAL.—
‘‘(A) DECISION
MADE
IN
HEARING.—A decision made
in a hearing conducted pursuant to subsection (f ) or (k)
shall be final, except that any party involved in such hear-
ing may appeal such decision under the provisions of
subsection (g) and paragraph (2) of this subsection.
H. R. 5—56
‘‘(B) DECISION
MADE
AT
APPEAL.—A decision made
under subsection (g) shall be final, except that any party
may bring an action under paragraph (2) of this subsection.
‘‘(2) RIGHT TO BRING CIVIL ACTION.—
‘‘(A) IN GENERAL.—Any party aggrieved by the findings
and decision made under subsection (f ) or (k) who does
not have the right to an appeal under subsection (g), and
any party aggrieved by the findings and decision under
this subsection, shall have the right to bring a civil action
with respect to the complaint presented pursuant to this
section, which action may be brought in any State court
of competent jurisdiction or in a district court of the United
States without regard to the amount in controversy.
‘‘(B) 
ADDITIONAL
REQUIREMENTS.—In 
any 
action
brought under this paragraph, the court—
‘‘(i) shall receive the records of the administrative
proceedings;
‘‘(ii) shall hear additional evidence at the request
of a party; and
‘‘(iii) basing its decision on the preponderance of
the evidence, shall grant such relief as the court deter-
mines is appropriate.
‘‘(3) JURISDICTION OF DISTRICT COURTS; ATTORNEYS’ FEES.—
‘‘(A) IN GENERAL.—The district courts of the United
States shall have jurisdiction of actions brought under this
section without regard to the amount in controversy.
‘‘(B) AWARD OF ATTORNEYS’ FEES.—In any action or
proceeding brought under this section, the court, in its
discretion, may award reasonable attorneys’ fees as part
of the costs to the parents of a child with a disability
who is the prevailing party.
‘‘(C) DETERMINATION
OF
AMOUNT
OF
ATTORNEYS’
FEES.—Fees awarded under this paragraph shall be based
on rates prevailing in the community in which the action
or proceeding arose for the kind and quality of services
furnished. No bonus or multiplier may be used in calculat-
ing the fees awarded under this subsection.
‘‘(D) PROHIBITION OF ATTORNEYS’ FEES AND RELATED
COSTS FOR CERTAIN SERVICES.—
‘‘(i) Attorneys’ fees may not be awarded and related
costs may not be reimbursed in any action or proceed-
ing 
under 
this 
section 
for 
services 
performed
subsequent to the time of a written offer of settlement
to a parent if—
‘‘(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
proceeding, 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 offi-
cer finds that the relief finally obtained by the
parents is not more favorable to the parents than
the offer of settlement.
‘‘(ii) Attorneys’ fees may not be awarded relating
to any meeting of the IEP Team unless such meeting
H. R. 5—57
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) that is
conducted prior to the filing of a complaint under sub-
section (b)(6) or (k) of this section.
‘‘(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, during the course of the action
or proceeding, unreasonably protracted the final resolu-
tion 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 school district the appropriate informa-
tion in the due process complaint in accordance with
subsection (b)(7);
the court shall reduce, accordingly, the amount of the attor-
neys’ fees awarded under this section.
‘‘(G) 
EXCEPTION
TO
REDUCTION
IN
AMOUNT
OF
ATTORNEYS’ 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 unreason-
ably protracted the final resolution of the action or proceed-
ing or there was a violation of this section.
‘‘(j) MAINTENANCE
OF CURRENT EDUCATIONAL PLACEMENT.—
Except as provided in subsection (k)(7), during the pendency of
any proceedings conducted pursuant to this section, unless the
State or local educational agency and the parents otherwise agree,
the child shall remain in the then-current educational placement
of such child, or, if applying for initial admission to a public school,
shall, with the consent of the parents, be placed in the public
school program until all such proceedings have been completed.
‘‘(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL SETTING.—
‘‘(1) AUTHORITY OF SCHOOL PERSONNEL.—
‘‘(A) School personnel under this section may order
a change in the placement of a child with a disability—
‘‘(i) to an appropriate interim alternative edu-
cational setting, another setting, or suspension, for
not more than 10 school days (to the extent such
alternatives would be applied to children without
disabilities); and
‘‘(ii) to an appropriate interim alternative edu-
cational setting for the same amount of time that a
child without a disability would be subject to discipline,
but for not more than 45 days if—