Fwd/x-post: HELP SUPPORT IDEA FAIRNESS RESTORATION ACT!

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FWD from COPAA: http://www.copaa.org/

Subject: HELP SUPPORT IDEA FAIRNESS RESTORATION ACT!

HELP SUPPORT IDEA FAIRNESS RESTORATION ACT!

NATIONAL CALL CONGRESS DAY, MONDAY DECEMBER 3!

PLEASE FORWARD AND DISTRIBUTE WIDELY!

Dear COPAAns,

On Monday, December 3, 2007 , please contact your Congresspersons and

ask them to support the bipartisan IDEA Fairness Restoration Act,

introduced by Congressmen Van Hollen of land and Pete

Sessions. The bill. H.R. 4188, would restore Congress' original

intent--that parents who prevail in IDEA due process or court cases

can recover their expert witness costs. Without the legislation,

many parents cannot afford expert witness fees, which can run into

the thousands of dollars.

We are asking for everyone to join us in Contacting your

Representative on MONDAY, DECEMBER 3, 2007 . (This includes parents,

advocates, attorneys, and others. ) Please forward this message to

your friends, families, colleagues, and others. Feel free to post on

your website.

(1) Call 202-224-3121 and ask for your Congressional Representative's

Office. Then, ask for the education aide and tell them you would

like them to support H.R. 4188, the IDEA Fairness Restoration Act.

You should leave a voicemail message if they are out.

-or-

(2) Send an email to your Representative by going to

http://www.house.gov/writerep/ and ask them to Support H.R. 4188,

The IDEA Fairness Restoration Act. This form will go directly to

your Representative's Office. Before you send your email, please

copy it into a word processing document, along with your

Congressperson's name and your name and address, and email that copy

to COPAA at protectidea@... (protectidea_AT_copaa.org)

This will enable us to put all of

the emails together and show the breadth of support for this

important bill. With the crush of email that reaches Congress, it is

important to stand together.

PLEASE TAKE 5 MINUTES AND JOIN OUR EFFORTS. WE ARE ASKING EVERYONE

TO PARTICIPATE, EVEN IF YOU HAVE ALREADY CONTACTED YOUR

CONGRESSPERSON or attended a house party. We are only contacting

Members of the House of Representatives this time.

Note: If you are not sure who your Representative is, you can go to

http://www.house.gov/ and using the locator in the upper left corner.

WHY SUPPORT THE IDEA FAIRNESS RESTORATION ACT?

(Feel free to use some of these points when you contact your

Representative on December 3.)

Parents prevail in IDEA cases only when they show that the school

district provided an education so inferior that it failed its legal

obligations. Otherwise, they do not prevail and can recover nothing.

But, while prevailing parents can recover their attorneys' fees, they

cannot recover their expert witness costs, as a result of the Supreme

Court's 2006 decision in Arlington Central School District v.

. The IDEA Fairness Restoration Act would override the

Supreme Court's decision and make the system more fair for parents of

children with disabilities.

In 1986, Congress amended the IDEA to allow parents to recover their

attorneys' fees when they prevail in due process. Congress intended

this to include expert witness fees. Congress knew that parents have

much less money than school districts and many cannot afford expert

witness fees. The IDEA Fairness Restoration Act would simply restore

Congress' intent.

Twenty-one years later, that reality still has not changed.

Approximately 36% of children with disabilities live in families

earning less than $25,000 a year; over 2/3 earn less than $50,000 a

year. Few parents can afford the thousands of dollars needed to pay

qualified medical, educational, and technical experts. While parents

must hire expert witnesses to testify, school districts can use

therapists, psychologists, and other expert witnesses on their own

payroll, or hire outside experts with taxpayer dollars.

Congress included in the IDEA the right to a due process hearing

because it recognized that parents needed an independent dispute

resolution process to enforce their children's rights to a free

appropriate public education. Most parents turn to due process and

litigation as a last resort. In 2003, the GAO reported that there

were only 5 hearings per 10,000 special education students. Figures

are similar today. Parents should not be deprived of their right to

due process for lack of resources.

Approximately 7 million children with disabilities are currently

covered by the IDEA. H.R. 4188, the IDEA Fairness Restoration Act,

simply protects their rights. COPAA thanks Congressmen Van Hollen

and Sessions for their leadership and dedication to childeren with

disabilities.

And we thank each of you for your support and joining in our efforts

with phone calls and emails in support of the IDEA Fairness

Restoration Act ON MONDAY DECEMBER 3, 2007 . PLEASE FORWARD THIS

EMAIL AND DISTRIBUTE WIDELY.

Thank you,

Chair, COPAA Board of Directors

Berlow

Chair, COPAA Government Relations Committee

Marshall

Executive Director, COPAA

Email us: protectidea@...

(protectidea_AT_copaa.org)