ERIC Number: ED262551
Record Type: Non-Journal
Publication Date: 1985-May-16
Reference Count: N/A
Handicapped Children's Protection Act of 1985. Hearing before the Subcommittee on the Handicapped. United States Senate, Ninety-Ninth Congress, First Session on S. 415. To Amend the Education of the Handicapped Act to Authorize the Award of Reasonable Attorneys' Fees to Certain Prevailing Parties, and to Clarify the Effect of the...Act on Rights, Procedures, and Remedies under Other Laws Relating to the Prohibition of Discrimination.
Congress of the U.S., Washington, DC. Senate Committee on Labor and Human Resources.
The document records testimony presented at a hearing on the Handicapped Children's Protection Act of 1985, which gives federal judges discretion to award to prevailing parents reasonable attorneys' fees associated with bringing their case to court. Prepared statements are presented from officials representing the American Association on Mental Deficiency, Consortium for Citizens with Developmental Disabilities, Council for Exceptional Children, Wisconsin Coalition for Advocacy, American Civil Liberties Union, Human Resources Center, and Florida Protection and Advocacy Agency. Statements of attorneys, parents, and senators are also presented. It is explained that the bill is a response to the U.S. Supreme Court's 1984 decision in Smith v. Robinson which ruled that P.L. 94-142 does not allow the award of attorneys' fees to parents who, after exhausting all available administrative procedures, prevail in a civil court action to protect their child's right to a free and appropriate education. (CL)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: Congress of the U.S., Washington, DC. Senate Committee on Labor and Human Resources.
Identifiers - Laws, Policies, & Programs: Education for All Handicapped Children Act