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HR 1523 99th Congress House Civil Rights and Liberties, Minority Issues Administrative procedure Children's rights Citizen lawsuits Citizen participation Civil actions and liability Civil procedure Courts and Civil Procedure Disabled Education Education of handicapped children Elementary and secondary education Freedom of information Government records, documents, and information Lawyers and legal services Legal aid Legal fees Nondiscrimination provisions Parent-school relationships State education agencies

Handicapped Children's Protection Act of 1985

Introduced: March 7, 1985 See on congress.gov
 Everywhere this bill has been 22 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Nov 12, 1985
House Incorporated this Measure (Amended) in S.415 as an Amendment.
Nov 12, 1985
Laid on Table in House by Voice Vote.
Nov 12, 1985
Passed House (Amended) by Voice Vote.
Nov 12, 1985
Passed/agreed to in House: Passed House (Amended) by Voice Vote.
Nov 12, 1985
Called up by House Under Suspension of Rules.
Nov 8, 1985
Executive Comment Received From Justice.
Oct 2, 1985
Placed on Union Calendar No: 181.
Oct 2, 1985
Reported to House (Amended) by House Committee on Education and Labor. Report No: 99-296.
Sep 19, 1985
Ordered to be Reported (Amended).
Sep 19, 1985
Committee Consideration and Mark-up Session Held.
Sep 11, 1985
Committee Consideration and Mark-up Session Held.
Sep 10, 1985
Executive Comment Received From Education.
Sep 10, 1985
Favorable Executive Comment Received From Education.
Apr 16, 1985
Executive Comment Received From Education.
Apr 16, 1985
Favorable Executive Comment Received From Education.
Apr 3, 1985
Forwarded by Subcommittee to Full Committee (Amended).
Apr 3, 1985
Subcommittee Consideration and Mark-up Session Held.
Mar 12, 1985
Subcommittee Hearings Held.
Mar 12, 1985
Referred to Subcommittee on Select Education.
Mar 11, 1985
Executive Comment Requested from Education.
Mar 7, 1985
Referred to House Committee on Education and Labor.
Mar 7, 1985
Introduced in House
 Plain-English summary Congressional Research Service

Handicapped Children's Protection Act of 1985 - Amends the Education of the Handicapped Act to authorize the award of a reasonable attorney's fee as part of the 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 the party seeking such an award to submit an application, including an itemized statement of such fees and expenses from the attorneys or expert witnesses.

Authorizes the court to: (1) increase the amount awarded to the prevailing party if the court finds that the local or State educational agency or the intermediate educational unit has engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy; or (2) reduce or deny an award if it finds that the prevailing party engaged in such conduct.

Prohibits such awards 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 date.

Provides that nothing in the Education of the Handicapped Act shall be construed to restrict or limit the rights, procedures, and remedies under the Constitution, title V of the Rehabilitation Act of 1973, or other Federal statutes prohibiting discrimination.

Provides that specified provisions under the Rehabilitation Act of 1973 relating to nondiscrimination toward the handicapped under Federal grants and programs shall be carried out in accordance with regulations in effect on July 4, 1984.

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.

What's happening now November 12, 1985

House Incorporated this Measure (Amended) in S.415 as an Amendment.

 Committees of jurisdiction 2