H.R. 2740 (111th): IDEA Fairness Restoration Act

111th Congress, 2009–2010. Text as of Jun 04, 2009 (Introduced).

Status & Summary | PDF | Source: GPO

I

111th CONGRESS

1st Session

H. R. 2740

IN THE HOUSE OF REPRESENTATIVES

June 4, 2009

(for himself and Mr. Sessions) introduced the following bill; which was referred to the Committee on Education and Labor

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 new subparagraph:

(H)

Inclusion of Expert Witness Fees and Other Expenses as Attorneys’ Fees

For the purposes of 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 the enactment of this Act.