Special Education Law Blog

Action Needed on December 3, 2007 For IDEA Fairness Restoration Act

The following is a bulletin from the National Down Syndrome Congress calling for concerted public action on December 3, 2007 to push this bill into becoming law.

IDEA Fairness Restoration Act
Take Action!

Contact Your U.S. Representatives on Monday December 3, 2007!

From the National Down Syndrome Society and National Down Syndrome Congress
November 30, 2007
Action Needed
As we recently reported to you in an information bulletin, the IDEA Fairness Restoration Act (H.R. 4188) was introduced in the House of Representatives on Tuesday, November 13, 2007 by Congressman Chris Van Hollen and Congressman Pete Sessions that would allow prevailing (winning party) parents to recoup expert fees and related costs in proceedings under the Individuals with Disabilities Education Act. Additional background information is provided below.

In order to get this bill moving through Congress the first step is to get as many co-sponsors from both parties as possible. On Monday December 3, 2007, NDSS and NDSC urge you to contact your Representative with the following message about the IDEA Fairness Restoration Act (H.R. 4188):

Please co-sponsor the IDEA Fairness Restoration Act (HR 4188). It will level the playing field for parents who must advocate for a free, appropriate education for their child.

If you wish to call your Representative, you can find out the name and phone number at http://www.ndss.org/index.php?option=com_wrapper&Itemid=174.

If you wish to send an email, go to: http://capwiz.com/ndss/issues/alert/?alertid=10597931. You will have a sample email available (that you can edit to meet your needs). The email will be sent to the correct Representative based on your home address.

Additional Background Information

In 1986 Congress included language in the IDEA Conference Report (an explanation that accompanies a new law that is not explicitly included in the legislation) that allowed attorney's fees to be awarded to parents or guardians, including "reasonable expenses and fees of expert witnesses and the reasonable costs of any test or evaluation which is found to be necessary for the preparation of the parent or guardian's case.''
The Supreme Court in Arlington Central School District v. Murphy (2006) held that courts could no longer award expert fees and other related costs since this intent wasn't explicit in the statute.
The IDEA Fairness Restoration Act mirrors the text of the Conference Report almost exactly to fulfill Congress's intent.
This bill will not cause a rush of litigation. Parents only initiate due process proceedings and litigation as a last resort. However, in order to even the playing field, this option must be one that parents are financially able to exercise.
Expert testimony and expensive evaluations are generally necessary in IDEA proceedings in order for parents to prove their case. Unless they can be reimbursed for expert fees and related costs, most parents will not financially be in a position to advocate for their children's educational rights should these proceedings become necessary.
This bill provides that parents can be reimbursed for expert fees and related costs only if they are prevailing parties.
If you have questions or comments about this action alert, contact Ricki Sabia at [email protected] or Susan Goodman at [email protected]

If you or others you know would like to be added to the NDSS mailing list, send name(s) and email address to [email protected]

National Down Syndrome Society
666 Broadway, New York, NY 10012
Phone: (800) 221-4602; Fax: (212) 979-2873
Web site: http://www.ndss.org

NDSS National Policy Center
8650 Georgia Avenue
Silver Spring, MD 20910
Phone: (800) 743-5657 Fax (301) 563-6896
e-mail: [email protected]

Good Examples of Parent Input Statements

I have written in the past as to the importance of parent input statements. A friend has sent me examples that have proven to be especially useful for her children, that can serve as a model for future advocacy. These statements are clear, concise and present the child in real terms. The statements offer guidance and insight to a receptive school team.

I can not emphasize strongly enough how important it is to document concerns, present arguments in writing and conserve time at meetings; parent input statements serve all these functions.

Download dear_teacher.doc
Download parent_attachment_sophia.doc

How to Cook a Turkey or Baste makes Waste by Lori Miller Fox

As a parent of a child with special needs, I am all too aware of differences.  Because of this, I get especially tired of being asked to keep up with other people’s expectations. Finding the time or the patience to entertain for Thanksgiving, for example is one luxury,  I can’t always afford. However, there are many who choose to spend their time in just this way -- and I applaud them for it.  So what I say, is spend the holidays, heck spend every day, in a way that is right for you and your family. If you want to entertain, do so -- your way. My way is, whether you go out, cook or carry in, always bring laughter to the table.

Time to Reverse Shaffer and Arlington Central: IDEA Fairness Restoration Act

COPAA, one of the leading legal advocacy organization that focuses on special education rights is organizing letter writing parties and a campaign generally to overturn the Supreme Court's decisions in Shaffer (burden of proof on parents in due process) and Arlington Central (no expert's fees to parents even when they prevail in due process). Both of these decisions can be overturned with Congressional action to amend IDEIA to expressly shift the burden of proof back to the schools and to allow recovery of expert's fees to prevailing parents. Congressional action will depend upon parents, grandparents, friends, relatives and others who care about these issues to write, fax and place calls to their Senators and Congresspersons. The following is an open letter from COPAA regarding the need for everyone to contact Congress to support the IDEA Fairness Restoration Act. Download idea_fairness_restoration_act_final.pdf which has just been introduced in Congress. This bill would overturn the Arlington Central decision and again allow for recovery of expert's fees when parents prevail in a due process case.