I have heard from reliable sources that an attorney fee cap amendment WILL be
offered this month on the Senate floor, and WILL most likely be successful
unless we take action now to stop it!

The following is courtesy of Wyner & TiffanyAttorneys at Law, 3878 Carson
Street, Suite 104, Torrance, California  90503, Telephone (310) 792-8999, Ext.
305, Facsimile (310) 792-8988<A
HREF="http://www.specialedlaw.org/">www.specialedlaw.org</A>   Steven Wyner<A
HREF="mailto:swyner@...">
swyner@...</A>, Marcy J.K. Tiffany<A
HREF="mailto:mtiffany@...">mtiffany@...</A>

A group of Senators intend to introduce an amendment to S. 1248 (IDEA
Reauthorization) limiting the ability of parents to recover attorneys’ fees in
IDEA
disputes.  This will be a sneak attack; the Senators are not telling anyone
what the amendment will say or who will offer it, but it will be proposed on the
Senate floor in mid-September.  The reason for proceeding in this way is to
eliminate any opportunity for parents and child advocates to express their views
on the issue.  The House of Representatives has already passed a Bill (H.R.
1350) that includes a provision limiting attorneys’ fees, but it cannot become
law unless this Senate amendment is approved.  The rationale for the amendment
is simple: by discouraging lawyers from taking these cases, parents will have
limited access to attorneys, and the number of requests for due process
hearings will be reduced substantially, thus saving the school districts
money. 
Apparently, these Senators are not concerned that this will also mean that many
children will be deprived of their right to obtain the free appropriate public
education to which they are entitled under the IDEA.
                                        \
                      ****
Under current law, parents only recover attorneys’ fees if they prevail in
due process and if they receive greater relief than they were previously offered
by the school district.  A federal judge determines whether the fees incurred
were appropriate based on the rates normally charged by attorneys doing this
type of work, and that judge’s determination of whether the time spent was
reasonable.  Unlike other civil rights cases, there is no additional award for
very difficult lawsuits or extraordinary results.  And, there is no
reimbursemen
t unless the parent obtains real and meaningful relief in the due process
proceeding.  In contrast, your tax dollars pay the legal fees of the lawyers
hired
by the school district to fight you, whether the school district wins or
loses.
                                        \
           ****
The real culprits for increasing special education legal fees are school
districts who fight parents tooth and nail, even though the children are
rightfully entitled to the services requested by their parents.  Because these
school
districts have the financial resources to litigate far beyond the ability of
any individual family, they drag-out these cases hoping that parents will become
frustrated and simply give up.  It is still possible to do something about
this terrible proposal.  This legislation is sure to pass unless we act
promptly.  Please stop what you are doing and communicate with your Senators
today. 
Send an e-mail or fax informing them that if they vote in favor of the attorneys
’ fees limitation, not only will you not vote for them, you will work to
defeat their re-election.  Tell them of your personal struggle to obtain
special
education and related services for your child.  Identify your school district
and state.  Tell them whether your child received more special education and
related services after you hired a lawyer.  Tell them if your school district
took your requests for special education and related services more seriously
after you hired a lawyer.  Please send copies of your e-mails and faxes to all
of
the members of the HELP Committee. 

For a list of the phone, fax and/or e-mail address of every U.S. Senator,
please go to the following website: <A
HREF="http://www.senate.gov/">http://www.senate.gov/</A>.  [Oftentimes, you can
only e-mail your Senator by going to his/her website (by clicking on the
Senator’s name) and then by clicking on the “Contact Me” or “Contact
US”
link.] For a list of the phone, fax and/or e-mail address of all members of the
HELP
Committee, please click the following link: <A
HREF="http://www.senate.gov/%7Elabor/">http://www.senate.gov/~labor/</A>. 
[At the top of the page, click on “Members,” then click on the website for
each
member, then click on the e-mail link for each Senator.]
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     End of Copied Message

For a sample letter, please go to <A
HREF="http://www.uniquelygifted.org/IDEAsampleletter2.htm">
http://www.uniquelygifted.org/IDEAsampleletter2.htm</A>. 

Thanks for taking the time now, before it's too late!

Sandy, Illinois (alpy2@...)
Volunteer Co-Webmaster, <A
HREF="www.ourchildrenleftbehind.com">www.ourchildrenleftbehind.com</A> (IDEA
reauthorization)


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