34 CFR §21.20
The following types of parties that prevail in adversary adjudications are eligible to apply under the Act for an award of fees and other expenses:
- (a)An individual who has a net worth of not more than $2 million.
- (b)Any owner of an unincorporated business who has—
- (1)A net worth of not more than $7 million, including both personal and business interests; and
- (2)Not more than 500 employees.
- (c)A charitable or other tax-exempt organization—
- (1)As described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)); and
- (2)Having not more than 500 employees.
- (d)A cooperative association—
- (1)As defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141(a)); and
- (2)Having not more than 500 employees.
- (e)Any other partnership, corporation, association, unit of local government, or organization that has—
- (1)A net worth of not more than $7 million; and
- (2)Not more than 500 employees.