IDEA Fairness Restoration Act (S 613, HR 1208)

March 31, 2011

Sponsored in the Senate by Sens. Tom Harkin (D-IA), Barbara Mikulski (D-MD) and Bernie Sanders (I-VT), and in the House of Representatives by Reps. Chris Van Hollen (D-MD) and Pete Sessions (R-TX), the IDEA Fairness Restoration Act would overturn a 2006 Supreme Court decision (Arlington Central School District v. Murphy) holding that parents cannot be reimbursed for expert witness fees incurred as part of due process proceedings to enforce rights provided by IDEA.  This holding placed families at a disadvantage in due process, because such fees are expensive and difficult for many low- and middle-income families to afford.

Text of the Senate bill, S. 613: http://www.gpo.gov/fdsys/pkg/BILLS-112s613is/pdf/BILLS-112s613is.pdf

Text of the House bill, HR 1208: http://www.gpo.gov/fdsys/pkg/BILLS-112hr1208ih/pdf/BILLS-112hr1208ih.pdf