Ask Congress to Restore the Level Playing Field
for Children with Disabilities
Reinstate Parents' Rights to Recover Expert Witness Fees
Make the Burden of Proof Fair and Equitable
Over 33 years ago, Congress passed the Individuals with Disabilities Education Act so children with disabilities would receive a free appropriate public education--a right they had long been denied, and which many continue to be denied. IDEA’s enforcement depends on the ability of parents to seek impartial hearings when their children are denied basic educational rights. Recent Supreme Court decisions make it much harder for parents to exercise this right, by barring prevailing parents from recovering their expert witness fees and forcing parents to bear the burden of proof. Families now face a system tilted dangerously in favor of school districts with their greater resources. We ask you to join us in supporting legislation to override these decisions.
Expert Witnesses.
In Arlington C.S.D. v. Murphy (2006), the Court denied parents the right to reimbursement for their expert witness fees. COPAA and over 100 organizations strongly support legislation overriding this decision. More
When Congress passed the Handicapped Children’s Protection Act in 1986, it intended parents who prevail in due process hearings and IDEA litigation to recover their expert witness fees. Congress knew then that parents have substantially fewer resources than school districts and many cannot afford expert witness fees. Now, 22 years later, that reality remains the same. 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. (Parents prevail in IDEA cases only when they show that the school district provided an education so inferior that it failed its legal obligations.)
Congress Is Considering Two Bills To Override Murphy.
The bipartisan IDEA Fairness Restoration Act (H.R. 4188) would override Murphy and allow parents to recover expert witness fees. This bill was introduced in the House of Representatives by Congressmen Chris Van Hollen of Maryland and Pete Sessions of Texas in December 2007. The Civil Rights Act of 2008 would also override Murphy. It was introduced in the Senate (S. 2554) by Senator Ted Kennedy and in the House by Congressman John Lewis (H.R. 5129).
More Information
For more information on these issues, download COPAA’s brochure Here,
Information in Spanish on this issue is available here (Lea aqui en Espanol: Murphy y los derechos de los padres para recuperar el costo de los expertos)
Read COPAA’s statement supporting the IDEA Fairness Restoration Act here,
Read the IDEA Fairness Restoration Act here,
Read Congressman Van Hollen's remarks upon introducing the bill here,
PLEASE CONTACT CONGRESS AND ASK THEM TO PASS THESE TWO BILLS
Join COPAA in asking Congress to pass these two crucial bills. It is IMPORTANT to ask that your Congressional Representatives and Senators support both bills, not just one or the other.
(1)To email Congress, use these links:
House of Representatives: http://www.house.gov/writerep/
Senate: www.senate.gov and click on Senators
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@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, this is important.
(2)To call Congress:
202-224-3121 and ask for your Congressional Representative's and Senators’ Offices. Then, ask for the education aide and tell them you would like them to cosponsor H.R. 4188, the IDEA Fairness Restoration Act. Please leave a detailed voicemail message if they are not available.
Please personalize your emails by describing your experience advocating for your child or the children of clients. For tips on how to write an effective letter for Congress, please see “The Power of Personal Stories” written by the Leaders in Disability Policy here.
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