S.Amdt. 3147Senate108th Congress (2003-2005)

to provide for attorney's fees.

What it does: Rewrites page 558, lines 7–12
Sponsored by Judd GreggSen. Judd Gregg (R-NH)
Submitted May 12, 2004

What it changes

1 change to S. 1248

Replaces text
  1. Rewrites page 558, lines 7–12

    ReplacesPrinted page

    Removes page 558, lines 7–12 of the printed bill. See that page

    Inserted: (B) Award of attorneys' fees.--

    Inserted: (i) In general.--In any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys' fees as part of the costs--

    Inserted: (I) to a prevailing party who is the parent of a child with a disability;

    Inserted: (II) to 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

    Inserted: (III) to a 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 or to cause unnecessary delay or needless increase in the cost of litigation.

    Inserted: (ii) Rule of construction.--Nothing in this subparagraph shall be construed to affect section 432 of the District of Columbia Appropriations Act, 2004.

    Original wording

    On page 558, strike lines 7 through 12, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

On page 558, strike lines 7 through 12, and insert the following:

“(B) Award of attorneys' fees.--

“(i) In general.--In any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys' fees as part of the costs--

“(I) to a prevailing party who is the parent of a child with a disability;

“(II) to 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

“(III) to a 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 or to cause unnecessary delay or needless increase in the cost of litigation.

“(ii) Rule of construction.--Nothing in this subparagraph shall be construed to affect section 432 of the District of Columbia Appropriations Act, 2004.

Legislative Activity

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Senate amendment submitted

May 12, 2004

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Senate amendment submitted

May 12, 2004

Floor

Senate amendment agreed to: Amendment SA 3147 agreed to in Senate by Voice Vote.

May 12, 2004

Floor

Senate amendment proposed (on the floor): Amendment SA 3147 proposed by Senator Gregg.(consideration: CR S5348-5353, S5348-5352; text: CR S5348)

May 12, 2004

Floor

Amendment SA 3147 proposed by Senator Gregg. (consideration: CR S5348-5353, S5348-5352; text: CR S5348) to provide for attorney's fees.

May 12, 2004

Floor

Amendment SA 3147 agreed to in Senate by Voice Vote.

May 12, 2004