ERIC Number: ED317008
Record Type: Non-Journal
Publication Date: 1989-Nov
Reference Count: N/A
Special Education: The Attorney Fees Provision of Public Law 99-372. Briefing Report to Congressional Requesters.
General Accounting Office, Washington, DC. Div. of Human Resources.
The document reports on a survey of state directors of special education to determine: (1) the number of special education administrative decisions issued by hearing officers from 1984 through 1988 in disputes between parents and education agencies, and (2) similar data for civil court actions. Among findings were: an increase of 29% in the number of administrative hearings held during this period; educational placement issues were the most frequent type of complaint; parents prevailed in all or part of about 43% of administrative decisions and civil action cases; and parents who were represented by attorneys accounted for 59% of the cases in which parents prevailed. Incomplete data concerning award of attorney fees suggests a significant increase in amount of attorney fees awarded, possibly related to 1986 passage of the Handicapped Children's Protection Act (Public Law 99-372) which authorized courts to award reasonable attorney fees to prevailing parents. A summary describes methodology and results in both narrative and graphic forms. Tables present detailed data for all states combined and for each state. Four appendixes provide additional data including a summary of requested data for all states and individual states and a listing of major contributors to the report. (DB)
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Due Process, Elementary Secondary Education, Federal Legislation, Hearings, Legal Responsibility, National Surveys, Parent Rights, Special Education, Student Placement, Trend Analysis
General Accounting Office, P.O. Box 6015, Gaithersburg, MD 20877 (first five copies free; additional copies $2.00 each; 100 copies or more 25% discount; prepaid).
Publication Type: Reports - Research
Education Level: N/A
Authoring Institution: General Accounting Office, Washington, DC. Div. of Human Resources.
Identifiers - Laws, Policies, & Programs: Handicapped Childrens Protection Act 1986