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Monday, November 9th, 2009

This Bill’s a Good “IDEA”

June 18, 2009 by Jill Cornfield  
Filed under Health

Say you want to go up against your school district to ensure a fair and appropriate education for your child who has a disability. The school isn’t providing related services such as speech or physical therapy listed on the IEP (individualized education program). Or your child isn’t receiving modifications and adaptations for testing, or specially designed instruction. There are lots of reasons a parent might file an IDEA lawsuit.

Photo courtesy of methTICALman (flickr.com)

Photo courtesy of methTICALman (flickr.com)

Now say you have to pay for expert witness testimony during a court hearing in order to make your case. Before the 2006 Supreme Court decision, Arlington vs. Murphy, you could recover those fees if you prevailed as part of your costs. But the 6-3 pro-school district decision said, in part, that the term “costs” does not include expert fees. (Read more analysis here.)

As the National Autism Association points out, school districts can pay these expenses using taxpayer dollars while many parents can’t hope to match those resources.  A copy of the bill can be found at www.congress.gov, in the box that says Search Bill Summary and Status by typing “IDEA Fairness”  and then clicking on search.  This will take you to H.R. 2740.

Now click here to sign a petition in support of the bill. Because it’s hard enough having to go to court to fight for your child’s right to an appropriate education. You shouldn’t have to go broke doing so — or decide you can’t afford to go to court in the first place.

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