[Congressional Record Volume 155, Number 83 (Thursday, June 4, 2009)]
[Extensions of Remarks]
[Pages E1310-E1311]
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

                         Thursday, June 4, 2009

  Mr. VAN HOLLEN. Madam Speaker, I rise today to introduce the IDEA 
Fairness Restoration Act to clarify Congressional intent and 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.
  It is vitally important that parents and schools cooperate and 
collaborate to educate our nation's children. When Congress passed the 
Individuals with Disabilities Education Act, it recognized the value of 
this partnership in 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 parent 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

[[Page E1311]]

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 
no longer award these fees.
  IDEA guarantees students with disabilities a free and appropriate 
education. But, 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 the education plan he needs. 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, we must ensure that we keep the promise of IDEA and 
provide every child with a free and appropriate education. This bill 
will level the playing field and help parents be effective advocates 
for their children's best interests.

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