Support the IDEA Fairness Restoration Act

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.

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Dear [Decision Maker], I want to express to you my support for passage of the IDEA Fairness Restoration Act introduced on March 17, 2011. The IDEA Fairness Restoration Act S.613 and H.R. 1208was introduced by Chairman Harkin (D-IA) and Sens. Mikulski (D-MD) Sanders (I-VT). In the House of Representatives, the IDEA Fairness Restoration Act was introduced by Reps. Van Hollen (D-MD) and Congressman Pete Sessions (R-TX). I urge you to support this bill in order to allow parents to recover expert witness fees in due process hearings and litigation under the Individuals with Disabilities Education Act (IDEA).

• Please personalize your email - required 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.

I urge you to support the IDEA Fairness Restoration Act. Sincerely, [Your Name] [Your Address] [City, State ZIP]

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