Expert Witnesses & Disabilities Education Act Cases

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.  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.

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About Karen Olson

Information Professional with twenty years experience in legal, public record, and business research. Fifteen years law firm experience.

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