Parents who challenge schools over a child’s individualized education program, or IEP, are on the hook for the cost of expert witnesses in due process cases no matter if they win or lose, but a bill introduced in Congress would change that.
Legislation introduced in the House and Senate last week would ensure that parents could recoup the cost of expert witnesses and evaluations if the family prevails in due process hearings in much the same way that attorney fees can be recovered. The bill would reverse a 2006 Supreme Court ruling that placed the burden of expert fees on parents no matter the outcome of their case.
Expert witnesses are key in due process hearings, providing technical expertise on a child’s disability and the type of assistance needed to accommodate them in the classroom, advocates say. But without the ability to recover the fees these experts charge, many families are financially prohibited from challenging decisions by their child’s school district even though they are entitled to do so under the Individuals with Disabilities Education Act, or IDEA.
“This legislation is an essential step for protecting the rights of students with disabilities and ensuring that all families, regardless of their financial resources, can advocate for and protect their children’s rights through due process,” Sen. Tom Harkin, D-Iowa, said in introducing the bill.
Similar legislation has been proposed in Congress in past years, but this is the first time that such a bill has been introduced in both the House and Senate.
Another important item to remember is that this was the original intent of Congress when they originally passed the legislation. The Supreme Court went out of it’s way to ignore the Congressional record in their findings.
Hooray! I’m currently in the process of trying to get a better program for my son so I’ve had to pay a huge chunk of change for evaluations, etc. by experts. I will do anything to get what my son needs and deserves but financially it is hard. I know there are many other special needs families also struggling. I also fear many families don’t pursue better programs because of financial hardship. Hopefully something will come of this to ease some of the financial burden.
I see no point in having laws that allow you to avocate for you children then if you cannot afford to do so then you just have to allow the schools to breck the law . Which is what its saying right now to people of little means .