Summary: H.R.1523 — 99th Congress (1985-1986)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (11/12/1985)

(Measure passed House, amended)

Handicapped Children's Protection Act of 1985 - Amends the Education of the Handicapped Act to authorize the award of reasonable attorneys' fees, expenses, and costs to the parents or guardian of a handicapped child or youth who is the prevailing party in a civil suit under such Act to protect the child's right to a free appropriate public education. Requires that such fee awards be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of the services furnished. Prohibits such awards of fees, expenses, and costs from being paid with funds provided to the State under such Act.

Provides that such amendments shall apply to actions and proceedings brought on or after July 4, 1984, and actions and proceedings brought prior to such date, which were pending on such data.

Provides that nothing in the Education of the Handicapped Act shall be construed to restrict or limit the rights, procedures, and remedies under title V of the Rehabilitation Act of 1973 or other Federal laws redressing the right of handicapped children and youth, except that before the filing of a civil action under such laws seeking relief that is also available under certain provisions for assistance for education of all handicapped children, specified procedures must be exhausted to the same extent as would be required had the action been brought under such provisions.

Provides that, with respect to preschool, elementary, secondary, and adult education programs and activities, specified provisions under the Rehabilitation Act of 1973 relating to discrimination toward the handicapped under Federal grants and programs shall be carried out in accordance with regulations in effect on July 4, 1984, unless expressly authorized by Act of Joint Resolution of the Congress approved after such date.

Amends the Education of the Handicapped Act to provide for: (1) public access to hearing decisions; and (2) an informal complaint resolution procedure. Provides that any decision regarding participation in an informal complaint resolution meeting with the State or local educational agency or intermediate educational unit shall not affect the availability or provision of any rights of the parents or guardian of the handicapped child under procedural safeguard provisions of such Act. Sets forth an anti-retaliation provision relating to the administration of, exercise of authority under, or right secured by provisions for assistance for education of all handicapped children.