D.C. Mun. Regs. tit. 5, r. 5-A3054

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A3054 - EXPERT WITNESS FEES

3054.1

In any administrative proceeding brought under IDEA and this chapter, a court may award reasonable expert witness fees as part of the costs to a prevailing party:

(a) Who is the parent of a child with a disability;

(b) That is an LEA or SEA, when the attorney of a parent 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

(c) That is an LEA or SEA, 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, to cause unnecessary delay, or to needlessly increase the cost of litigation.

3054.2

Expert witness fees awarded under this section shall be based on rates prevailing in the community in which the administrative proceeding arose for the kind and quality of services furnished, provided that the maximum award shall be six thousand dollars ($6,000) per action or proceeding. No bonus or multiplier may be used in calculating the fees awarded under this section.

3054.3

Expert witness fees, otherwise available under this section, shall:

(a) Not be awarded if reimbursement of attorney's fees and related costs would be prohibited in the proceeding under 20 U.S.C. § 1415(i)(3)(D);

(b) Be subject to reduction if the court makes a finding listed under 20 U.S.C. § 1415(i)(3)(F); and

(c) Not be awarded to compensate the moving party for an independent educational evaluation unless that party would be entitled to compensation for the evaluation under IDEA.

D.C. Mun. Regs. tit. 5, r. 5-A3054

Final Rulemaking published at 69 DCR 5902 7/1/2022