	Background

The Individuals with Disabilities Education Act (IDEA) authorizes federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE and includes a provision for attorneys' fees. The attorneys' fees provisions were added in 1986 by the Handicapped Children's Protection Act, P.L. Final Regulations

The final regulations for P.L. Such explicit language was not added in the 2004 reauthorization of IDEA.
The Individuals with Disabilities Education Act (IDEA) authorizes federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE and includes a provision for attorneys' fees. Attorneys' fees were among the most controversial provisions in the 2004 reauthorization of IDEA. This report analyzes the attorneys' fees provisions in P.L. 108-446 and the final regulations. For a general discussion of the 2004 reauthorization, see CRS Report RL32716, Individuals with Disabilities Education Act (IDEA): Analysis of Changes Made by P.L. 108-446, by [author name scrubbed] and [author name scrubbed]. This report will be updated as necessary.