II 112th CONGRESS 1st Session S. 613 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.

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.