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PROCEDURAL SAFEGUARDS: RESOLUTION MEETINGS AND DUE PROCESS HEARINGS - Regulations

8. Provide that attorneys’ fees are not available for the resolution meetings required by 34 CFR 300.510.

A meeting conducted pursuant to 34 CFR 300.510 shall not be considered:
  • A meeting convened as a result of an administrative hearing or judicial action; or
  • An administrative hearing or judicial action for purposes of 34 CFR 300.517 (attorney’s fees).
[34 CFR 300.517(c)(2)(iii)] [20 U.S.C. 1415(i)(3)(D)(iii)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Reflecting on your previous experiences (or experiences of others) with due process complaints, how might this provision that does not allow for attorney fees to be recouped by either party impact the level of the discussion/dialogue within a resolution meeting?


Application Questions

  1. What resources are available in your State and/.or district to assist parents in understanding this provision or the regulations (e.g., parent advocates, protection and advocacy organization, parent training and information center, Legal Aid Bureau, etc.)?

    These questions were developed by the following stakeholders working together:

    Role: General Education Administrator
    Location: California

    Role: Educational Consultant
    Location: Florida

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: Illinois

    Role: Special Education Administrator
    Location: Kentucky

    Role: Family Member
    Location: New Jersey

    Role: Teacher
    Location: West Virginia