Action Alert!

On May 4, 2011
Ask Congress to Support
the IDEA Fairness Restoration Act

Dear Friends and Family Caregivers,

Join other parents and advocates around the country on May 4, 2011, by making a call to your House or Senate representatives to ask that they co-sponsor the IDEA Fairness Restoration Act (S. 613 in the Senate; H.R. 1208, in the House). The IDEA Fairness Restoration Act will restore Congress' intent that parents should recover expert witness fees when they prevail in due process proceedings.

BACKGROUND

On March 17, 2011, federal legislation was introduced to allow parents to recover expert witness fees in due process hearings and litigation under the IDEA. The IDEA Fairness Restoration Act is sponsored in the Senate by Senators Tom Harkin (D-IA), Barbara Mikulski (D-MD), and Bernie Sanders (I-VT); and in the House of Representatives (H.R. 1208) by Congressmen Chris Van Hollen (D-MD) and Pete Sessions (R-TX), Joe Courtney (D-CT) and Congresswoman Grace Napolitano (D-CA).

When schools fail to meet their legal obligations under IDEA, parents may seek a hearing. Parents need expert witnesses for these hearings, especially in states where they have the burden of proof. Expert witnesses can include psychologists, physicians, therapists, educational, inclusion, or positive behavioral support experts, and others. Their testimony ensures that children with disabilities get the educational programs, accommodations, and supports they need.

In 2006, the US Supreme Court held in Arlington Central School District v. Murphy that parents could not recover their expert witness fees under the IDEA even if the case is decided in their favor. Because many parents cannot afford to pay for expert testimony, they are unable to seek remedies granted under IDEA.The pursuit of an appropriate education for children with disabilities should not be hampered by a family's economic situation.

The IDEA Fairness Restoration Act will override the Murphy decision.It will enable parents who prevail in due process hearings and litigation to recover their expert witness fees.

How to Contact your Representative and Senators

You can reach Congressional offices by dialing 202-224-3121(House of Representatives) or 202-225-3121(Senate). Ask to be connected to the offices of your Representative and Senators. When you are connected to each office, ask to speak to a staff member who works on education or disability issues. After you make your request that he or she co-sponsor the IDEA Fairness Restoration Act, direct the staff member to Senator Harkin or Senator Mikulski to co-sponsor the Senate bill, or to Congressman Van Hollen or Congressman Sessions to co-sponsor the House bill.

© 2011

Combined Federal Campaign #11944

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