Handicapped Children's Protection Act of 1986
PL 99-372 (S.415), enacted 08/05/1986

100 STAT. 796 
PUBLIC LAW 99-372—AUG. 5, 1986 
Public Law 99-372 
99th Congress 
An Act 
Aug. 5, 1986 
[S. 415] 
Handicapped 
Children's 
Protection Act 
of 1986. 
Ck)urts, U.S. 
20 u s e 1400 
note. 
To amend the Education of the Handicapped Act to authorize the award of reasona-
ble attorneys' fees to certain prevailing parties, to clarify the effect of the Educa-
tion of the Handicapped Act on rights, procedures, and remedies under other laws 
relating to the prohibition of discrimination, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of^the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the 
Protection Act of 1986". 
'Handicapped Children's 
AWARD OF ATTORNEYS FEES 
20 use 1415. 
SEC. 2. Section 615(e)(4) of the Education of the Handicapped Act 
is amended by inserting "(A)" after the paragraph designation and 
by adding at the end thereof the following new subparagraphs: 
"(B) In any action or proceeding brought under this subsection, 
the court, in its discretion, may award reasonable attorneys' fees as 
part of the costs to the parents or guardian of a handicapped child or 
youth who is the prevailing party. 
"(C) For the purpose of this subsection, fees awarded under this 
subsection 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) No award of attorneys' fees and related costs may be made in 
any action or proceeding under this subsection for services per-
formed subsequent to the time of a written offer of settlement to a 
parent or guardian, if— 
"(i) the offer is made within the time prescribed by Rule 68 of 
28 use app. 
the Federal Rules of Civil Procedure or, in the case of an 
administrative proceeding, at any time more than ten days 
before the proceeding begins; 
"(ii) the offer is not accepted within ten days; and 
"(iii) the court or administrative officer finds that the relief 
finally obtained by the parents or guardian is not more favor-
able to the parents or guardian than the offer of settlement. 
"(E) Notwithstanding the provisions of subparagraph (D), an 
award of attorneys' fees and related costs may be made to a parent 
or guardian who is the prevailing party and who was substantially 
justified in rejecting the settlement offer. 
"(F) Whenever the court finds that— 
"(i) the parent or guardian, during the course of the action or 
proceeding, unreasonably protracted the final resolution of the 
controversy; 
"(ii) the amount of the attorneys' fees otherwise authorized to 
be awarded unreasonably exceeds the hourly rate prevailing in 
PUBLIC LAW 99-372—AUG. 5, 1986 
100 STAT. 797 
the community for similar services by attorneys of reasonably 
comparable skill, experience, and reputation; or 
"(iii) the time spent and legal services furnished were exces-
sive considering the nature of the action or proceeding, 
the court shall reduce, accordingly, the amount of the attorneys' 
fees awarded under this subsection. 
"(G) The provisions of subparagraph (F) shall not apply in any 
action or proceeding if the court finds that the State or local 
educational agency unreasonably protracted the final resolution of 
the action or proceeding or there was a violation of section 615 of 
this Act.". 
State and local 
government. 
20 u s e 1415. 
EFFECT OF EDUCATION OF THE HANDICAPPED ACT ON OTHER LAWS 
SEC. 3. Section 615 of the Education of the Handicapped Act is 20 use 1415. 
amended by adding at the end thereof the following new subsection: 
"(0 Nothing in this title shall be construed to restrict or limit the 
rights, procedures, and remedies available under the Constitution, 
title V of the Rehabilitation Act of 1973, or other Federal statutes 29 USC 790. 
protecting the rights of handicapped children and youth, except that 
before the filing of a civil action under such laws seeking relief that 
is also available under this part, the procedures under subsections 
(b)(2) and (c) shall be exhausted to the same extent as would be 
required had the action been brought under this part.". 
20 u s e 1415 
note. 
29 u s e 701 note. 
GAO STUDY OF ATTORNEYS FEES PROVISION 
SEC. 4. (a) The Comptroller General of the United States, through Reports, 
the General Accounting Office, shall conduct a study of the impact 
of the amendments to the Education of the Handicapped Act made 
by section 2 of this Act. Not later than June 30, 1989, the Comptrol-
ler General shall submit a report containing the findings of such 
study to the Committee on Education and Labor of the House of 
Representatives and the Committee on Labor and Human Resources 
of the Senate. The Comptroller General shall conduct a formal 
briefing for such Committees on the status of the study not later 
than March 1, 1988. Such report shall include the information 
described in subsection (b). 
(b) The report authorized under subsection (a) shall include the 
following information: 
(1) The number, in the aggregate and by State, of written 
decisions under sections 615 (b)(2) and (c) transmitted to State 20 use 1415 
advisory panels under section 615(d)(4) for fiscal years 1984 
through 1988, the prevailing party in each such decision, and the 
type of complaint. For fiscal year 1986, the report shall desig-
nate which decisions concern complaints filed after the date of 
the enactment of this Act. 
(2) The number, in the aggregate and by State, of civil actions 
brought under section 615(e)(2), the prevailing party in each 
action, and the type of complaint for fiscal years 1984 through 
1988. For fiscal year 1986 the report shall designate which 
decisions concern complaints filed after the date of enactment. 
(3) Data, for a geographically representative selective sample 
of States, indicating (A) the specific amount of attorneys' fees, 
costs, and expenses awarded to the prevailing party, in each 
action and proceeding under section 615(eX4XB) from the date of 
the enactment of this Act through fiscal year 1988, and the 
100 STAT. 798 
PUBLIC LAW 99-372—AUG. 5, 1986 
range of such fees, costs, and expenses awarded in the actions 
and proceedings under such section, categorized by type of 
complaint and (B) for the same sample as in (A) the number of 
hours spent by personnel, including attorneys and consultants, 
involved in the action or proceeding, and expenses incurred by 
the parents and the State educational agency and local educa-
tional agency. 
(4) Data, for a geographically representative sample of States, 
on the experience of educational agencies in resolving com-
20 use 1415. 
plaints informally under section 615(bX2), from the date of the 
enactment of this Act through fiscal year 1988. 
EFFECTIVE DATE 
20 use 1415 
SEC. 5. The amendment made by section 2 shall apply with respect 
^°*®' 
to actions or proceedings brought under section 615(e) of the Edu-
cation of the Handicapped Act after July 3, 1984, and actions or 
proceedings brought prior to July 4, 1984, under such section which 
were pending on July 4,1984. 
Approved August 5, 1986. 
LEGISLATIVE HISTORY—S. 415 (H.R. 1523): 
HOUSE REPORTS: No. 99-296 accompanying H.R. 1523 (eomm. on Education and 
Labor) and No. 99-687 (Comm. of Oonference). 
SENATE REPORTS: No. 99-112 (Comm. on Labor and Human Resources). 
eONGRESSIONAL RECORD: 
Vol. 131 (1985): July 30, considered and passed Senate. 
Nov. 12, H.R. 1523 considered and passed House; S. 415, 
amended, passed in lieu. 
Vol. 132 (1986): July 17, Senate eigreed to conference report. 
July 24, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): 
Aug. 5, Presidential statement.