Section 1 Short title
This Act may be cited as the “IDEA Fairness Restoration Act”.
IDEA Fairness Restoration Act
A BILL
To amend the Individuals with Disabilities Education Act to permit a prevailing party in an action or proceeding brought to enforce the Act to be awarded expert witness fees and certain other expenses.
Sec. 2 Inclusion of expert witness fees and other expenses as attorneys' fees
In general— Section 615(i)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(i)(3)) is amended by adding at the end the following:
“(H) Inclusion of expert witness fees and other expenses as attorneys' fees—In this paragraph, the term attorneys' fees shall include the fees of expert witnesses, including the reasonable costs of any test or evaluation necessary for the preparation of the parent or guardian's case in the action or proceeding.”
Effective date— The amendment made by subsection (a) shall apply to any action or proceeding brought under section 615 of the Individuals with Disabilities Education Act (20 U.S.C. 1415) that has not been finally adjudicated as of the date of enactment of this Act.