D.C. Mun. Regs. tit. 5, r. 5-A3055

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 5-A3055 - ATTORNEY'S FEES

3055.1

In an action or proceeding under this chapter, courts may award reasonable attorney's fees as part of the costs to the following:

(a) The parent of a child with a disability who is the prevailing party;

(b) A prevailing party who is a state educational agency or local educational agency 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

(c) A prevailing state educational agency or local educational agency 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.

3055.2

Attorney's fees shall be considered reasonable if they are at rates consistent with applicable local and federal laws.

D.C. Mun. Regs. tit. 5, r. 5-A3055

Final Rulemaking published at 69 DCR 5902 7/1/2022