Mar 28, 2011
On March 17, 2011 the IDEA Fairness Restoration Act was introduced in the Senate (S. 613) by Senators Harkin, Mikulski, and Sanders and in the House (H.R. 1208) by Congressman Chris Van Hollen and Congressman Pete Sessions. If passed, these bills would overturn the 2006 Supreme Court decision in Arlington Central School District v Murphy (2006) in which the Court decided that parents who prevail in their IDEA cases cannot get reimbursed for their expert witness fees under the provision of the IDEA allowing reimbursement of attorneys' fees. The bill was introduced in previous sessions of the House of Representatives, but this is the first time it has been introduced in the Senate.
This brief legislation allows parents who prevail/win their IDEA hearing to be reimbursed for their attorneys' fees and fees for expert witnesses. Additionally, parents can be reimbursed for the reasonable costs of any test or evaluation necessary for the preparation of the parent's case in the hearing. Without expert witnesses and evaluations it is very difficult for parents to prevail against school districts. Of course, the school district has its own staff and resources to provide expert testimony in support of the district's position. Most families cannot afford to pay for expert witnesses and evaluations. By offering parents reimbursement for those costs, this proposed legislation would help level the IDEA due process playing field.
