Fw: IDEA Fairness Restoration Act

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----- Forwarded Message ----

Subject: IDEA Fairness Restoration Act

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'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 locator 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

voicemail 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

attorneys'fees 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 Restortion Act, simply protects their

rights.

Thanks to COPAA.org for providing us the above information

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