Ask Your Congressperson to Support the IDEA Fairness Restoration Act

As your constituent, I write to ask you to co-sponsor the IDEA Fairness Restoration Act which was introduced in the House on June 4 as H.R.2740.

Under the Individuals with Disabilities Education Act, students with disabilities are guaranteed a free and appropriate education until the age of 21. In 1986, Congress adopted legislation that was meant to allow prevailing parents to recover their expert witness fees in due process cases filed against school districts. However, in 2006, a Supreme Court decision, Arlington Central School District v. Murphy, said that parents would not be able to recover these costs. That is, if parents now wish to seek an expert witness to build their case, they cannot seek to have these fees provided for by the school district. This in effect means that many families will not be able to provide their child with a free and appropriate education, as they are in effect prevented from building their case sufficiently.

HR 2470 restores the original intent of IDEA. In the Handicapped Children's Protection Act of 1986, Congress intended that parents be able to recover their expert witness fees. It can cost thousands of dollars to hire qualified medical, educational and other expert witnesses. If parents have no choice but to shoulder these costs, due process---and the chance to provide a child with disabilities with the education and accommodations they need and that is their right.

Educating students with disabilities gives them the chance to have a better, brighter future. Please support them and their families in seeking an appropriate education. I urge you to cosponsor the IDEA Fairness Restoration Act by contacting Congressman Chris Van Hollen of Maryland and Congressman Pete Sessions of Texas in the House of Representatives.

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