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Ask Your Congressperson to Support the IDEA Fairness Restoration Act

To: The U.S. House

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. As noted by ASD World, Congress adopted legislation in 1986 that was "intended to allow prevailing parents to recover their expert witness fees." But a 2006 Supreme Court decision "ignored Congress' intent" and said that parents would not be able to recover these costs in Arlington Central School District v. Murphy. The IDEA Fairness Restoration Act seeks to overturn the Supreme Court's 2006 ruling. Notes ASD World:

"Few parents can afford the thousands of dollars needed to pay qualified medical, educational, and technical experts needed in IDEA due process. Almost 2/3 of children with disabilities live in families earning under $50,000 a year. By contrast, school districts can pay their experts with taxpayer dollars or use staff already on their payroll. With their greater resources, school districts are no match for parents. Congress should allow parents in IDEA cases to recover expert fees just like prevailing plaintiffs in ADA, Title VII, and other civil rights cases."

Also see this document (PDF file) from the Council of Parent Attorneys and Advocates, Inc. (COPAA) for more information about the IDEA Fairness Restoration Act. And, take action by contacting your Congressperson to support the IDEA Fairness Restoration Act and to support students with disabilities and their families.

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Sign the Letter

Support the IDEA Fairness Restoration Act

Members of the US House of Representatives,

As your constituent, I write to ask you to co-sponsor the IDEA Fairness Restoration Act which was introduced in the House on June 4 as H.R.2740.

Under the Individuals with Disabilities Education Act, 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.

Educating students with disabilities gives them the chance to have a better, brighter future. Please support them and their families in seeking an appropriate education. I urge you to cosponsor the IDEA Fairness Restoration Act by contacting Congressman Chris Van Hollen of Maryland and Congressman Pete Sessions of Texas in the House of Representatives.

[Your name here]

[Your name here]

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Jen Werner Tempe, AZ

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