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The Individuals with Disabilities Education Act (IDEA): Attorneys’ Fees Provisions in Current Law and in H.R. 1350 as Passed by the House and Senate, 108th Congress (CRS Report for Congress)

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Release Date Revised June 8, 2004
Report Number RS21690
Report Type Report
Authors Nancy Lee Jones, American Law Division
Source Agency Congressional Research Service
Older Revisions
  • Premium   Dec. 16, 2003 (4 pages, $24.95) add
Summary:

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. On May 13, 2004, the Senate incorporated S. 1248 in H.R. 1350 and passed H.R. 1350 in lieu of S. 1248 by a vote of 95 to 3. This report will discuss current IDEA provisions on attorneys' fees and the differing provisions in the House and Senate bills. This report will not be updated.