S.415 - Handicapped Children's Protection Act of 198699th Congress (1985-1986)
|Sponsor:||Sen. Weicker, Lowell P., Jr. [R-CT] (Introduced 02/06/1985)|
|Committees:||Senate - Labor and Human Resources | House - Education and Labor|
|Committee Reports:||S.Rept 99-112; H.Rept 99-687|
|Latest Action:||08/05/1986 Became Public Law No: 99-372. (All Actions)|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed Senate
- Passed House
- Resolving Differences
- To President
- Became Law
Summary: S.415 — 99th Congress (1985-1986)All Bill Information (Except Text)
(Conference report filed in House, H. Rept. 99-687)
Conference report filed in House (07/16/1986)
Handicapped Children's Protection Act of 1986 - Amends the Education of the Handicapped Act (the Act) to allow the court, in its discretion, to award a reasonable attorneys' fee as part of the costs to a parent or legal representative of a handicapped child or youth who is the prevailing party in any action or proceeding brought under specified civil action provisions of the Act.
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 use of a bonus or multiplier in calculating such fee awards.
Prohibits such awards for services performed subsequent to the time of a written offer of settlement to a parent or guardian, if specified conditions exist, unless the rejection of the settlement order is substantially justified.
Provides for reduction of awards for unreasonable fees under specified circumstances.
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.
Directs the Comptroller General to: (1) study the impact of the attorneys' fees amendments made by this Act; (2) report to specified congressional committees by June 30, 1989; and (3) brief such committees on the status of the study by March 1, 1988. Lists data required to be included in such report.
Provides that such attorneys' fees 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 date.