Is a party who is otherwise entitled to an award of attorney's fees under a federal statute nevertheless must comply with the state's notice of claims requirements?

Whether a party who is otherwise entitled to an award of attorney's fees under a federal statute nevertheless must comply with a state's "notice of claims" requirements in order to recover is a question of law to be reviewed de novo. See United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.) (en banc), cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984).

Section 1415(e)(4)(B), 20 U.S.C., states that, "[i]n any action or proceeding brought under this subsection, the court, in its discretion, may award reasonable attorney's fees as part of the costs to the parents or guardian of a child or youth with a disability who is the prevailing party." We have previously recognized that this statute provides prevailing parents or guardians with the right to recover fees incurred at the administrative level. See Barlow-Gresham Union High Sch. Dist. No. 2 v. Mitchell, 940 F.2d 1280, 1284 (9th Cir.1991).