Call-In for the IDEA Fairness Restoration Act

Tell Your Members of Congress to Cosponsor S. 613/H.R. 1208

Update

The Individuals with Disabilities Education Act (IDEA) allows parents to seek an impartial hearing when their child has been wrongfully denied a free appropriate public education. However, parents must be able to afford expert witnesses -- such as psychologists, occupational therapists, and other experts -- to testify at those hearings to have a chance to prevail. Sometimes, school districts sue parents and parents must have expert witnesses to adequately defend themselves.

The IDEA Fairness Restoration Act (S. 613 and H.R. 1208) will restore the right to recover expert witness fees for parents and students with disabilities. Congress intended that parents have this right with the 1986 amendments to IDEA. But in 2006, the Supreme Court acted contrary to this intent and held that parents could not recover expert witness fees in Arlington Central School District v. Murphy. Plaintiffs in other civil rights cases, like Americans with Disabilities Act (ADA) cases, however do recover fees, and this bill would simply give parents the same right.

All stakeholders must tell Congress how important this legislation is.

What You Can Do

Call your Senators and Representative this week and urge them to cosponsor the IDEA Fairness Restoration Act, sponsored by Senator Tom Harkin (D-IA) and Representative Chris Van Hollen (D-MD). You can reach lawmakers' offices by calling the Capitol switchboard at (202) 224-3121. When speaking with the lawmaker's receptionist, ask to speak to the staff member who handles education or disability issues. Calling is the best way to contact your lawmakers.

You can also e-mail your Members of Congress via http://www.house.gov/writerep and http://www.senate.gov/general/contact_information/senators_cfm.cfm.

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