IDEA Fairness Restoration Act

[Guest guest]

Forwarding as is, sorry for the crosspost if it has been posted already.

From the Desk of Matt Cohen

IDEA Fairness Restoration Act -

In an effort to support the bipartisan IDEA Fairness Restoration Act,

introduced by Congressman Van Hollen of land and Pete

Sessions, Monday is being set aside as National Call Congress Day.

The bill, H.R. 4188, would restore Congress's original intent- that

parents who prevail in IDEA due process or court cases can recover

their expert witness costs. Without the legislation, many

parents cannot afford expert witness fees, which can run into the

thousands of dollars.

Whether you are a parent, advocate, clinician, attorney, family member

or friend, you have the ability to make a difference. Please contact

your Congressperson and ask them to support the IDEA Fairness

Restoration Act. This can be done by phone or email, in the following

ways:

1. Find out who your representative is. If unsure, go to

http://www.house.gov/

[http://rs6.net/tn.jsp?e=001K36dVXicAPmyjiPkDXxu1ze84Spo4cdycgvnqwge9WO3pZT5Rv

1qOYSAsQjvJ-IBSaKWxA71ql1Z2t83mv7ah3pDXFK6R4oTARlylK5er8g=]

and use the locater in the upper left corner.

2. Call and ask for your Congressional Representative's

Office. Then,ask for the education aide and tell them you would like

to support bill H.R. 4188,the IDEA Fairness Restoration Act. If no

one answers, you may leave a voice mail message.

3. Send an email to your Congressional Representative by going to

http://www.house.gov/writerep/[http://rs6.net/tn.jsp?e=001K36dVXicAPnY6KJYftPz-S\

wqy-

SCMaoC34UeNPtAxtBRdIBBkdBm6JKKEz4_QxKRz1MFkw4bhGGgib0MVFsXPVMK46y7kGXZRCEcK-

mttU_3evqncYRICnnQNp2TJhZh],locating your Congressperson, and asking

them to support bill H.R. 4188, the IDEA Fairness Restoration Act.

This email form will be sent directly to their office.

WHY SUPPORT THE IDEA FAIRNESS RESTORATION ACT?

* Parents prevail in IDEA cases only when they show that the school

district provided an education so inferior that it failed its legal

obligations. Otherwise, they do not prevail and can recover nothing.

While prevailing parents can recover their attorneys' fees, they

cannot recover their expert witness costs, as a result of the Supreme

Court's 2006 decision in Arlington Central School District v.

. The IDEA Fairness Restoration Act would override the Supreme

Court's decision and make the system more fair for parents of children

with disabilities.

* In 1986, Congress amended the IDEA to allow parents to recover their

attorney's when they prevail in due process. Congress intended this

to include expert witness fees. Congress knew that parents have much

less money than school districts and many cannot afford expert witness

fees. The IDEA Fairness Restoration Act would simply restore

Congress' intent.

* Twenty-one years later, that reality still has not changed.

Approximately 36% of children with disabilities live in families

earning less than $25,000 a year; over 2/3 earn less than $50,000 a

year. Few parents can afford the thousands of dollars needed to pay

qualified medical, educational, and technical experts.

While parents often must hire expert witnesses to testify, school

districts can use therapists, psychologists, and other expert

witnesses on their payroll, or hire outside experts with taxpayer dollars.

* Congress included in the IDEA the right to a due process hearing

because it recognized that parents needed an independent dispute

resolution process to enforce their children's rights to a free

appropriate public education. Most parents turn to due process and

litigation as a last resort. In 2003, the GAO reported that there

were only 5 hearings per 10,000 special education students. Figures

are similar today. Parents should not be deprived of their right to

due process for lack of resources.

* Approximately 7 million children with disabilities are currently

covered by

the IDEA. H.R. 4188, the IDEA Fairness Restoration Act, simply

protects their

rights.

Thanks to COPAA.org for providing us the above information