113 S2790 IS: IDEA Fairness Restoration Act U.S. Senate 2014-09-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS2d SessionS. 2790IN THE SENATE OF THE UNITED STATESSeptember 10, 2014Mr. Harkin (for himself and Ms. Mikulski) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Individuals with Disabilities Education Act to permit a prevailing party in an action or proceeding brought to enforce the Act to be awarded expert witness fees and certain other expenses.

1.

Short title

This Act may be cited as the IDEA Fairness Restoration Act.

2.

Inclusion of expert witness fees and other expenses as attorneys' fees

(a)

In general

Section 615(i)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(i)(3)) is amended by adding at the end the following:(H)

Inclusion of expert witness fees and other expenses as attorneys' fees

In this paragraph, the term attorneys' fees shall include the fees of expert witnesses, including the reasonable costs of any test or evaluation necessary for the preparation of the parent or guardian's case in the action or proceeding..(b)

Effective date

The amendment made by subsection (a) shall apply to any action or proceeding brought under section 615 of the Individuals with Disabilities Education Act (20 U.S.C. 1415) that has not been finally adjudicated as of the date of enactment of this Act.