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I.EXECUTIVE ORDERS - page 102 / 359

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such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.

B.Prohibition on Use of Funds

1.Funds under Part B of the IDEA may not be used to pay attorneys' fees or costs of a party related to an action or proceeding under Section 615 of the IDEA and Chapter 5 of these regulations.
2.Paragraph B.1 of this Section does not preclude the LDE from using funds under Part B of the IDEA for conducting an action or proceeding under Section 615 of the IDEA.

C.Award of Fees. A court awards reasonable attorneys' fees under Section 615(i)(3) of the IDEA consistent with the following.

1.Fees awarded under Section 615(i)(3) of the IDEA 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 calculating the fees awarded under this Paragraph.
2.a.Attorneys' fees may not be awarded and related costs may not be reimbursed in any action or proceeding under Section 615 of the IDEA 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 prescribed 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 officer finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement.
b.Attorneys' fees may not be awarded relating to any meeting of the IEP Team unless the meeting is convened as a result of an administrative proceeding or judicial action, or at the discretion of the state, for a mediation described in §506.
c.A meeting conducted pursuant to §510 shall not be considered:
i.a meeting convened as a result of an administrative hearing or judicial action; or
ii.an administrative hearing or judicial action for purposes of this Section.
3.Notwithstanding Paragraph C.2 of this Section, 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.
4.Except as provided in Paragraph C.5 of this Section, the court reduces, accordingly, the amount of the attorneys' fees awarded under Section 615 of the IDEA, if the court finds that:
a.the parent, or the parent's attorney, during the course of the action or proceeding, unreasonably protracted the final resolution of the controversy;
b.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;
c.the time spent and legal services furnished were excessive considering the nature of the action or proceeding; or
d.the attorney representing the parent did not provide to the LEA the appropriate information in the due process request notice in accordance with §508.
5.The provisions of Paragraph C.4 of this Section do not apply in any action or proceeding if the court finds that the state or local agency unreasonably protracted the final resolution of the action or proceeding or there was a violation of Section 615 of the IDEA.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2074 (October 2008).

§518.Student Status During Proceedings

A.Except as provided in §533, during the pendency of any administrative or judicial proceeding regarding a request for due process hearing under §507, unless the state or local agency and the parents of the student agree otherwise, the student involved in the complaint shall remain in his or her current educational placement.

B.If the request for due process hearing involves an application for initial admission to public school, the student, with the consent of the parents, shall be placed in the public school until the completion of all the proceedings.

C.If the request for due process hearing involves an application for initial services for a child who is transitioning from Part C of the IDEA to Part B and is no longer eligible for Part C services because the child has turned three, the public agency is not required to provide the Part C services that the child had been receiving. If the child is found eligible for special education and related services under Part B and the parent consents to the initial provision of special education and related services under §301.B, then the public agency shall provide those special education and related services that are not in dispute between the parent and the public agency.

D.If the hearing officer in a due process hearing conducted by the LDE agrees with the student's parents that a change of placement is appropriate, that placement shall be treated as an agreement between the state and the parents for the purposes of Subsection A of this Section.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2075 (October 2008).

§519.Surrogate Parents

A.General. Each public agency shall ensure that the rights of a student are protected when:

1.no parent (as defined in §905) can be identified;
2.the public agency, after reasonable efforts, cannot locate a parent;
3.the student is a ward of the state (including a ward of the court or of a State agency); or
4.the student is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)).

B.1.Procedures for determining whether a student needs a surrogate parent are contained in the Surrogate Parent Handbook and as follows:

2.procedures for assigning a surrogate parent shall be developed and implemented by each LEA.

C.Duties of Public Agency. The duties of a public agency under Subsection A of this Section include the assignment of an individual to act as a surrogate for the

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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