[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2882 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2882

To amend section 615(e) of the Individuals with Disabilities Education 
  Act to limit the award of attorneys' fees under the section to fees 
incurred for or in connection with the commencement and prosecution of 
                            a civil action.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1993

  Mr. Duncan introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To amend section 615(e) of the Individuals with Disabilities Education 
  Act to limit the award of attorneys' fees under the section to fees 
incurred for or in connection with the commencement and prosecution of 
                            a civil action.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATION ON ATTORNEYS' FEES.

    Section 615(e)(4) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1415(e)(4)) is amended--
            (1) by striking subparagraph (B) and inserting the 
        following:
    ``(B) In any civil action brought in a State court or in a district 
court of the United States under this subsection, the court, in its 
discretion, may award reasonable attorneys' fees incurred for or in 
connection with the commencement and prosecution of the civil action as 
part of the costs to the parents or guardian of a child or youth with a 
disability who is the prevailing party.'';
            (2) in subparagraph (C), by striking ``action or 
        proceeding'' and inserting ``civil action'';
            (3) in subparagraph (4)(D)--
                    (A) in the matter preceding clause (i), by striking 
                ``action or proceeding'' and inserting ``civil 
                action'';
                    (B) in clause (i), by striking ``Procedure or,'' 
                and all that follows and inserting ``Procedure.''; and
                    (C) in clause (iii), by striking ``or 
                administrative officer'';
            (4) in clauses (i) and (iii) of subparagraph (F), by 
        striking ``action or proceeding,'' and inserting ``civil 
        action,''; and
            (5) in subparagraph (G), by striking ``action or 
        proceeding'' and inserting ``civil action''.

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