About the Issue
The bipartisan IDEA Fairness Restoration Act will restore the Congress’ original intent and make due process hearings more equitable and affordable to parents of children with disabilities. Unfortunately, in the Arlington Central School District vs. Murphy (2006), the Supreme Court decided that parents who win/prevail in their IDEA cases cannot get expert witness fees under the provision in the law that allows parents who win/prevail to get attorneys’ fees. In the legislative history of the IDEA fees provision it is clearly stated that fees are covered but the Supreme Court refused to consider that history during this case. Without the ability to recover their expert witness fees, few parents could afford to exercise their constitutional and IDEA rights to challenge denial of FAPE (Free Appropriate Public Education) to their children by school districts.