Support the IDEA Fairness Restoration Act

The IDEA Fairness Restoration Act (HR 2740) was introduced in the U.S. House of Representatives on June 4 by Congressman Chris Van Hollen of Maryland and Congressman Pete Sessions of Texas. The bills amends IDEA to

...permit a prevailing party in an action or proceeding brought to enforce the Act to be awarded expert witness fees and certain other expenses.

That is, when parents go to due process in order to get appropriate services for a child under IDEA, they would be allowed to have a school district pay for expert witnesses called in the case.

Under IDEA, students with disabilities are guaranteed a free and appropriate education until the age of 21. In 1986, Congress adopted legislation that was meant to allow prevailing parents to recover their expert witness fees in due process cases filed against school districts. However, in 2006, a Supreme Court decision, Arlington Central School District v. Murphy, said that parents would not be able to recover these costs. That is, if parents now wish to seek an expert witness to build their case, they cannot seek to have these fees provided for by the school district. This in effect means that many families will not be able to provide their child with a free and appropriate education, as they are in effect prevented from building their case sufficiently.

HR 2470 restores the original intent of IDEA. In the Handicapped Children's Protection Act of 1986, Congress intended that parents be able to recover their expert witness fees. It can cost thousands of dollars to hire qualified medical, educational and other expert witnesses. If parents have no choice but to shoulder these costs, due process---and the chance to provide a child with disabilities with the education and accommodations they need and that is their right. At ASD World you can read some accounts of how students' educations have been affected by the Murphy decision such as:

From a Special Education Advocate in the Midwest, “Since Arlington, I have had no fewer than three clients who had to withdraw their request for a hearing, and no fewer than five clients who wanted to request a hearing but did not, due to the fact that they could not afford witness fees and costs.” She explained how one of her clients had become deeply depressed because he was powerless to to stop the school district from denying his children the educational services they needed.

Take action by contacting your Congressperson to support the IDEA Fairness Restoration Act and to support students with disabilities and their families like mine and yours.

The text of the bill:

A BILL
To amend the Individuals with Disabilities Education Act to permit a prevailing party in an action or proceeding brought to enforce the Act to be awarded expert witness fees and certain other expenses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `IDEA Fairness Restoration Act'.

SEC. 2. INCLUSION OF EXPERT WITNESS FEES AND OTHER EXPENSES AS ATTORNEYS' FEES.

(a) In General- Section 615(i)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(i)(3)) is amended by adding at the end the following new subparagraph:
`(H) INCLUSION OF EXPERT WITNESS FEES AND OTHER EXPENSES AS ATTORNEYS' FEES- For the purposes of this paragraph, the term `attorneys' fees' shall include the fees of expert witnesses, including the reasonable costs of any test or evaluation necessary for the preparation of the parent or guardian's case in the action or proceeding.'.

(b) Effective Date- The amendment made by subsection (a) shall apply to any action or proceeding brought under section 615 of the Individuals with Disabilities Education Act (20 U.S.C. 1415) that has not been finally adjudicated as of the date of the enactment of this Act.