[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 613 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 613

 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 SENATE OF THE UNITED STATES

                             March 17, 2011

Mr. Harkin (for himself, Ms. Mikulski, and Mr. Sanders) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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:
                    ``(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.
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