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GAO-03-224R 1 (2002-11-06)

handle is hein.gao/gaocrptapdx0001 and id is 1 raw text is: SGAO Accountability * Integrity * Reliability United States General Accounting Office Washington, DC 20548 November 6, 2002 The Honorable Kay Bailey Hutchison United States Senate Subject: DCPS: Limitation of Attorneys' Fees for Fiscal Years 1999 through 2001 Dear Senator Hutchison: The District of Columbia appropriations acts for fiscal years 1999, 2000, and 2001 limited the amount of appropriated funds that could be paid to an attorney representing a prevailing party in an action brought against the District of Columbia Public Schools (DCPS) under the Individuals with Disabilities Education Act' (IDEA). The appropriations act for fiscal year 2002 lifted the caps on attorneys' fees and directed DCPS and GAO to report on judgments awarding attorneys' fees in excess of the limitations imposed in fiscal years 1999, 2000, and 2001. In May 2002, we reported2 that, for fiscal years 1999, 2000, and 2001, the appropriations acts' limitations had little if any impact on the total amount of attorneys' fees awarded to prevailing parties in judgments entered by the courts in judicial proceedings brought against DCPS under IDEA. This is because court decisions made it clear that the appropriations acts' limitations applied only to the amount that the District could pay to a prevailing party under IDEA and not to the amount that the court could award. The decisions also made it clear that where there was an independent legal basis for awarding attorneys' fees, such as the Civil Rights Act,3 the court could do so without regard to the appropriations acts' limitations. Our May 22, 2002, report focused exclusively on the District's payments and court awards for attorneys' fee payments resulting from judicial proceedings as required by section 141 of the District of Columbia Appropriation Act for fiscal year 2002. However, attorneys' fees may also be awarded in administrative proceedings.4 IDEA provides that in administrative proceedings5 students and their parents have the right to be accompanied and advised by counsel. These proceedings occur when parents of students with disabilities file complaints against DCPS for any matters related to the identification, evaluation, or educational '20 U.S.C. § 1400 et seq. 2See U.S. General Accounting Office, DCPS: Attorneys' Fees for Access to Special Education Opportunities, GAO-02-559R (Washington, D.C.: May 22, 2002). 3In the District of Columbia, attorneys' fee awards and payments under the Civil Rights Act may cover not only attorneys' fees for the hours spent by attorneys in litigating matters, but also hourly compensation for paralegals and other attorney assistants as well as the standard expenses of litigation, such as copying, messenger, and filling costs. Fee requests also may include expert witness fees. 4A court decision makes it clear that attorneys' fees can be awarded to prevailing plaintiffs in administrative proceedings under IDEA. '20 U.S.C. 1415 (h). GAO-03-224R DCPS Limitation of Attorneys' Fees

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