onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Education Code Section 56507

Legal Research Home > California Laws > Education Code > California Education Code Section 56507

56507.  (a) If either party to a due process hearing intends to be
represented by an attorney in the state hearing, notice of that
intent shall be given to the other party at least 10 days prior to
the hearing. The failure to provide that notice shall constitute good
cause for a continuance.
   (b) (1) An award of reasonable attorney's fees to the prevailing
parent, guardian, or pupil, as the case may be, may only be made
either with the agreement of the parties following the conclusion of
the administrative hearing process or by a court of competent
jurisdiction pursuant to Section 1415(i)(3) of Title 20 of the United
States Code.
   (2) In accordance with Section 1415(i)(3) of Title 20 of the
United States Code, the court, in its discretion, may award
reasonable attorney's fees as part of the costs to a prevailing party
who is a state educational agency or local educational agency in the
following circumstances:
   (A) Against the attorney of a parent who files a due process
hearing request 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.
   (B) Against the attorney of a parent, or against the parent, if
the parent's due process hearing request 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.
   (c) Public agencies shall not use federal funds distributed under
Part B of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.), or other federal special education funds,
for the agency's own legal counsel or other advocacy costs, that may
include, but are not limited to, a private attorney or employee of
an attorney, legal paraprofessional, or other paid advocate, related
to a due process hearing or the appeal of a hearing decision to the
courts. Funds shall not be used to reimburse parents who prevail and
are awarded attorney's fees, pursuant to subdivision (b), as part of
the judgment. Nothing in this subdivision shall preclude public
agencies from using these funds for attorney services related to the
establishment of policy and programs, or responsibilities, under Part
B of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) and the program administration of these
programs. This subdivision does not apply to attorneys and others
hired under contract to conduct administrative hearings pursuant to
subdivision (a) of Section 56505.
   (d) The hearing decision shall indicate the extent to which each
party has prevailed on each issue heard and decided, including issues
involving other public agencies named as parties to the hearing.

Section: Previous  56500.5  56500.6  56501  56501.5  56502  56503  56504  56504.5  56505  56505.1  56505.2  56506  56507  56508  56509  Next

Speak with a Lawyer in California

Last modified: March 17, 2014