ACTION ALERT - IDEA Fairness Restoration Act

[Guest guest]

Subject: ACTION ALERT - IDEA Fairness Restoration Act

ACTION ALERT - LDA NEEDS YOUR HELP!

LDA is working to get members of the U.S. House of Representatives to

co-sponsor the IDEA Fairness Restoration Act (H.R. 2740 - Sponsors: Reps.

Van Hollen, D-MD; Pete Sessions, R-TX).

Background Information: In 2006, the Supreme Court said in its decision in

Arlington Central School District v. that parents would not be able

to recover costs for expert witnesses. This legislation would override that

decision.

Specifically, H.R. 2740 would amend the IDEA to allow families who are the

prevailing (winning) party in due process cases to be awarded expert witness

fees and certain other expenses. The definition of " attorneys' fees " under

the IDEA would be amended to include fees for expert witnesses, as well as

some costs such as tests or evaluations that are necessary for the family to

prepare its case. Currently, if families win in IDEA cases, they may be

awarded fees charged by their attorneys, but not fees charged by expert

witnesses who are often critical to winning the case.

ACTION NEEDED:

· Please call your House member's office. You can reach any House

office through the Capitol Switchboard: 202-225-3121. If you don't know

who your Representative is, go to www.house.gov and plug in your zip code!

· Ask to speak to the staff person who handles education issues. If

he or she is not available, leave a message with the receptionist or on the

staff person's voice mail.

Message: " I am a constituent of Representative _____________ and a member

of the Learning Disabilities Association of America. I live in (city or

town). I am requesting that Rep. ___________ become a co-sponsor of H.R.

2740, the IDEA Fairness Restoration Act, " which would allow parents to be

awarded fees for expert witnesses in due process cases under the IDEA. "

If the staff person has questions you can't answer: Please refer the staff

person to LDA's Policy Director, Myrna Mandlawitz, at 202-686-1637 or

mandlawitz@....

CALL Today! Let's make sure all families have to resources to ensure their

children get the services they need!!

Sharon

Sharon M. Tanner

Director of Membership & Development

Learning Disabilities Association of America

National Headquarters

412-341-1515 x209

STanner@...