[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4188 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4188

 To 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2007

Mr. Van Hollen (for himself and Mr. Sessions) introduced the following 
    bill; which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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 new subparagraph:
                    ``(H) Inclusion of expert witness fees and other 
                expenses as attorneys' fees.--For the purposes of 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 the enactment of this 
Act.
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