Fw: MAY 4TH CALL/EMAIL DAY FOR IDEA FAIRNESS RESTORATION ACT

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Sent: Fri, April 22, 2011 10:46:01 AM

Subject: MAY 4TH CALL/EMAIL DAY FOR IDEA FAIRNESS RESTORATION ACT

MAY 4TH CALL/EMAIL DAY FOR IDEA FAIRNESS RESTORATION ACT

Take Action! 

ADVOCACY ACTION REQUESTED The RequestOn May 4th either call or email your Representative and Senators and ask them to co-sponsor the IDEA Fairness Restoration Act (S. 613 in the Senate; H.R. 1208, in the House). 

NDSS was involved in the early development of the bill and has continuously supported this legislation, which would ensure that a family’s ability to defend their child’s

educational rights is not compromised by having to bear the expense of expert witness fees. If for some reason you cannot call or email on May 4th, please contact your Representative and Senators as close to that date as possible.

 How to Contact your Representative and SenatorsYou can reach Congressional offices by dialing (House of Representatives) or (Senate). Ask to be connected to the offices of your Representative and Senators. You can find the name of your elected officials and other contact information at http://capwiz.com/ndss/utr/1/DMAAPOWXAV/BKVOPOWXDP/6794110071. 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, direct the staff member to Senator Harkin or Senator Mikulski to co-sponsor the Senate bill

and to Congressman Van Hollen or Congressman Sessions to co-sponsor the House bill. If you prefer to send an email, click on the TAKE ACTION link in this alert. A sample email is available there for your use. 

 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 was  introduced in the Senate by Senator Tom Harkin (D-IA), Chair of the Senate Health Education Labor and Pensions Committee; Senator Barbara Mikulski (D-MD), and Senator Bernie (I-VT); and introduced in the House of Representatives (H.R.

1208) by Congressmen Van Hollen (D-MD) and Pete Sessions (R-TX). Congressman Joe , (D-CT) and Congresswoman Grace Napolitano (D-CA) are also co-sponsors of the House bill. NDSS

has been an active supporter of this bill since it was first introduced in 2007. When schools fail to meet their legal obligations under the IDEA, parents may seek an impartial hearing. Parents need expert witnesses for these hearings, especially in states where they have the burden of proof.  Expert witnesses can include psychologists; pediatricians and other 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 Supreme Court held in Arlington Central School District v. that parents could not recover their expert witness

fees under the IDEA even if the case is decided in their favor.  Many parents cannot afford to shoulder this expense. Therefore, they are unable to defend their child’s educational

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