[Congressional Record Volume 153, Number 176 (Wednesday, November 14, 2007)]
[Extensions of Remarks]
[Pages E2418-E2419]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           INTRODUCTION OF THE IDEA FAIRNESS RESTORATION ACT

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                         HON. CHRIS VAN HOLLEN

                              of maryland

                    in the house of representatives

                      Wednesday, November 14, 2007

  Mr. VAN HOLLEN. Madam Speaker, I rise today to introduce the IDEA 
Fairness Restoration Act to help parents of students with disabilities 
ensure that their children have access to the free and appropriate 
education guaranteed by this Congress in 1975. I thank Mr. Sessions, 
who joins me in offering this bill, for his work on this important 
issue.
  Madam Speaker, when Congress passed the Individuals with Disabilities 
Education Act, it recognized the vital importance of parent and school 
cooperation and collaboration in

[[Page E2419]]

special education. For the most part, this relationship has worked very 
well. But occasionally, the school system cannot or does not provide an 
appropriate education. In those rare cases, the Congress recognized 
that parents should have the ability to challenge the school's decision 
and advocate for a new Individual Education Plan.
  As both school systems and parents build their cases, they bring 
expert witnesses to assess the student and testify about the quality of 
the education plan. In 1986, when Congress amended IDEA, it explained 
in the Conference Report that when parents win their case, a judge 
could award attorney's fees, including, and I quote, ``reasonable 
expenses and fees of expert witnesses and the reasonable costs of any 
test or evaluation which is found to be necessary for the preparation 
of the parent or guardian's case.'' For years, prevailing parents were 
awarded expert witness fees, as Congress intended. But unfortunately, 
while Congress was very clear in its explanation of the bill, it did 
not include this provision in the legislative language. In 2006, the 
provision was challenged and the Supreme Court ruled that because 
Congress did not make its intention explicit in statute, courts could 
not longer award these fees.
  As a result of this decision, parents can be faced with many 
thousands of dollars of expert witness fees in order to ensure their 
child gets an appropriate public education. A single expert witness can 
charge anywhere from $100-$300 per hour. Confronted with these costs, 
parents are discouraged or outright barred from bringing meritorious 
cases to secure the rights of their children. Low and middle income 
families are particularly hard hit.
  Today, I introduce a bill to clarify Congress's intent and restore 
the expert witness fee provisions. It will allow parents to recover the 
high cost of expert witnesses if, and only if, they win their dispute 
with the school district. I want to be very clear--this bill does not 
impose any additional costs on school districts that comply with IDEA. 
The provisions apply only when a school system has been found, after an 
impartial hearing, to have wrongfully denied a child an appropriate 
education as defined in IDEA.
  Madam Speaker, every student with a disability is entitled to a free 
and appropriate education under the law. This bill will level the 
playing field and help parents be effective advocates for their 
children's best interests.

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