The Individuals with Disabilities Education Act (IDEA): Attorneys' Fees Provisions in Current Law and in H.R. 1350 and S. 1248, 108th Congress

Publication Date: December 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Education

Type:

Abstract:

The Individuals with Disabilities Education Act (IDEA) authorizes federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE and includes a provision for attorneys' fees. Congress is presently considering reauthorizing IDEA. H.R. 1350, 108th Congress, passed the House on April 30, 2003, by a vote of 251 to 171. In the Senate, S. 1248 was reported out of committee by a unanimous vote on June 25, 2003 and placed on the Senate legislative calendar under general orders on November 3, 2003. On November 21, 2003, a unanimous consent agreement was agreed to which limited consideration of S. 1248 to certain amendments, including an amendment on attorneys' fees. This report will not be updated.