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The IDEA Fairness Restoration Act is an American legislative proposal first introduced in the United States House of Representatives on November 14, 2007 as H.R.4188.〔(HR4188 ), H.R. 4188 (U.S. House of Representatives, 110th Congress). Retrieved 18 April 2011.〕 The bill was most recently reintroduced on March 17, 2011 in the Senate as S.613〔(S613 ), S.613 (U.S. Senate, 112th Congress). Retrieved 18 April 2011.〕 and in the House as H.R. 1208〔(HR1208 ), H.R. 1208 (U.S. House of Representatives, 112th Congress). Retrieved 18 April 2011.〕 The primary sponsors are Senator Tom Harkin (D-IA), Chair of the Senate Health Education Labor and Pensions Committee,〔 Congressmen Chris Van Hollen (D-CT), and Congressman Pete Sessions (R-TX).〔 The bill would enable parents of children with disabilities to recover their expert witness fees in due process hearings under the Individuals with Disabilities Education Act (IDEA).〔(Disability Scoop ), Michelle Diament. “Congress to Consider Parent Financial Burden in IDEA Cases,” Disability Scoop, March 21, 2011. Retrieved 18 April 2011.〕 ==Background== When a school district fails its legal obligations to students with disabilities, the Individuals with Disabilities Education Act permits the parent to seek a hearing before an impartial hearing officer. A school district may also request a due process hearing against parents.〔(Schaffer v Weast ), Schaffer v. Weast, 546 U.S. 49 (2005) (Justice O’Connor, Opinion of the Court). Retrieved 18 April 2011.〕 Hearings are rare. Only 5 in 10,000 students seek a hearing.〔(GAO 03-0897 ), United States Government Accountability Office. “GAO Report 03-897,” September 2003. Retrieved 18 April 2011.〕 Expert witnesses have a critical role at due process hearings. They provide the technical expertise about the student’s disability and the care and educational services the student needs in the classroom.〔 In 1986, Congress passed the Handicapped Children’s Protection Act, allowing parents who prevail in due process hearings and litigation under the IDEA to recover their legal fees and costs. The language was modeled on similar provisions in the Civil Rights Act of 1964 (42 U.S.C. 2000e-5k).〔(CRS Report 2008 ), Henry Cohen. “Awards of Attorneys' Fees by Federal Courts and Federal Agencies” (Congressional Research Service), June 20, 2008. Retrieved 18 April 2011〕 Congress’ Joint Conference Committee Report explained that the courts would have discretion to award attorneys’ fees as part of the costs of litigation. It noted that “The conferees intend that the term ‘attorneys’ fees as part of the costs’ include reasonable expenses and fees of expert witnesses and the reasonable costs of any test or evaluation which is found to be necessary for the preparation of the parent or guardian’s case in the action or proceeding.”〔132 Congressional Record 16823-25 (1986).〕 The statute also directed the GAO to study the costs to parents, including costs of “attorneys and consultants” in IDEA proceedings.〔(Murphy J. Souter Opinion ) Arlington Central School District v. Murphy, 548 U.S. 291 (2006) (Justice Souter, Dissent) (quoting Handicapped Children’s Protection Act, Public Law 99-372, Section 4(b)(3), 100 Stat. 796, 797–98 (1986)). Retrieved 18 April 2011.〕 In 2006, however, the Supreme Court decided the case of Arlington Central School Dist. Bd. of Ed. v. Murphy. The Court ruled that because the statutory text of the IDEA did not explicitly state that expert witness fees were covered, parents could not recover them. The Court reasoned that because the IDEA was enacted under the Spending Clause of the Constitution, Article I, Section 8, the law must “unambiguously” give notice in its statutory text that parents could recover fees. This meant Congress had to declare in the body of the statute that parents could recover expert witness fees.〔(Murphy Majority Opinion ) Arlington Central School District v. Murphy, 548 U.S. 291 (2006) (Justice Alito, Opinion of the Court). Retrieved 18 April 2011.〕 The IDEA Fairness Restoration Act will amend the statutory text of the IDEA to permit recovery of expert witness fees. Until Congress does, parents must pay their own expert witness fee expenses, even when they prevail.〔(Analysis IDEA Fairness Act ) Autism National Committee. Analysis, IDEA Fairness Restoration Act. Retrieved 18 April 2011.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「IDEA Fairness Restoration Act」の詳細全文を読む スポンサード リンク
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