Re: IMMEDIATE ACTION regarding special

[Guest guest]

ACTION ALERT

Contact Your Member of Congress

The Issue:

Prevailing parents in special education hearings

must be reimbursed for expert witness fees!

Parents of students with disabilities have the right to a hearing if they

believe that their child is not receiving an appropriate education. The

legislative history of the Individuals with Disabilities Education Act

(IDEA) clearly states that Congress intended the term " attorney fees " to

include the " reasonable expenses of expert witnesses. " However, in

Arlington v. , the U.S. Supreme Court in 2006 ruled that expert fees

are not recoverable under IDEA. Therefore, prevailing parents are no longer

able to recoup reasonable expert witness fees making it exceedingly

difficult for families to obtain expert witnesses - especially poor

families. Families and low cost law firms are unable to bear the burden of

this cost, thus limiting access to hearings. H.R. 4188 - the " IDEA Fairness

Restoration Act " -- has recently been introduced in the House of

Representatives to restore the right of a parent who wins a hearing to

recover expert fees.

Action Needed:

Ask Your Member of Congress to Co-Sponsor

H.R. 4188: IDEA Fairness Restoration Act!

Please call, write or e-mail your Member of Congress and urge him/her to

co-sponsor and support the bi-partisan H.R. 4188.

If you can include a personal story about how difficult it is for parents to

obtain and afford expert witness fees, please do so. Otherwise, please send

a short message just stating that you support H.R. 4188 and would like your

member of Congress to co-sponsor and support the bill. " Talking Points " and

a sample letter/e-mail are attached.

To contact your member of Congress, 1) call 202-224-3121, ask for your

Representative's office and then the education aide, 2) use the House of

Representatives e-mail system: https://forms.house.gov/wyr/welcome.shtml or

3) write to your Representative at the U.S. House of Representatives,

Washington, D.C. 20515.

PLEASE HELP STUDENTS WITH DISABILITIES

RECEIVE A FREE AND APPROPRIATE PUBLIC EDUCATION

February __, 2008

The Honorable

US House of Representatives

Washington, D.C. 20515

Re: H.R. 4188: The IDEA Fairness Restoration Act

Dear Representative _______________:

As you may know, Congressman Van Hollen and Congressman Pete Sessions

are sponsoring H.R. 4188: the IDEA Fairness Restoration Act and are seeking

co-sponsors. The bill seeks to allow prevailing parents in special

education hearings to obtain reimbursement for reasonable expert witness

fees. It was the intent of Congress in 1986 when the Individuals with

Disabilities Education Act was reauthorized that prevailing parents receive

reimbursement under the attorney's fees provision. However, in 2006, the

U.S. Supreme Court issued a decision in Arlington v. that stripped

this right from parents while refusing to consider the legislative intent of

Congress.

It is my understanding that some members of Congress are hearing that this

bill will benefit only the wealthy. This is simply not true. Most families

enter a special education hearing without representation by an attorney and

at a disadvantage. School districts, on the other hand, are always

represented by attorneys and use taxpayer money to employ psychologists and

other experts. Reimbursement for expert witness fees for parents who

prevail at hearings helps low- and middle- income families who are unable to

afford the thousands of dollars that experts cost. In addition, low cost,

nonprofit and small law offices are unable to front the cost of experts

without the possibility of reimbursement. Therefore, many families are

unable to assert or protect their rights because these families are unable

to obtain experts.

[Provide example of cases or personal experience here]

If you have any questions regarding this matter, please do not hesitate to

contact me at [include your telephone number or e-mail address] . I hope

you will co-sponsor and support H.R. 4188.

Sincerely,

Expert Witness Fees

Talking Points

à Bi-partisan H.R. 4188 reinstates the prevailing parents' right to

recover expert witness fees.

à The original intent of Congress in re-authorizing the Individual

with Disabilities Education Act (IDEA) in 1986 was to reimburse prevailing

parents for reasonable expert witness fees under the attorney's fee

provision as documented in the legislative history.

à School districts use tax dollars to employ and pay for

psychologists and other experts. When parents cannot afford experts and

prevailing parents cannot recover expert costs, the playing field is neither

level nor fair, and children are denied a free appropriate public education

and other fundamental IDEA rights.

à Hiring qualified medical and technical expert witnesses is often

necessary to win at a hearing and such experts can cost many thousands of

dollars. Few families can afford this cost.

à Parents use litigation only as a last resort, and parents prevail

only when the school district has provided an education so inferior that it

fails its basic legal obligations.

à Only wealthy families are able to access experts when expert

witness fees are not recoverable by prevailing parents.

IMMEDIATE ACTION regarding special

>I am writing to you on behalf of the New Jersey Special Education

> Practitioners and am urging you to take IMMEDIATE ACTION regarding special

> education hearings. Please:

>

> 1) READ the attached ACTION ALERT.

>

> 2) TAKE the requested ACTION of contacting your legislators by phone,

> mail

> or e-mail.

>

> 3) FORWARD this E-MAIL to all special education advocates!

>

> Should you have any questions, please contact:

>

> Halper

> 800-698-2076

> jhalper@...

>

> Reisman

> 856-488-7700

> CReisman@...

>

> or

>

>

> 856-546-7400

> soma2005@...

>

>

> Many thanks!

>

>

> Ruth Deale Lowenkron

> New Jersey Special Education Practitioners

> 973-624-1815, ext. 21

> 973-624-4618 (TDD)

> 973-624-7339 (Fax)

> RLowenkron@...