Handicapped Children's Protection Act of 1986

(Conference report filed in House, H. Rept. 99-687) 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.

(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 date. 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.

(Measure passed Senate, amended) Handicapped Children's Protection Act of 1985 - Amends the Education of the Handicapped Act (the Act) to allow the court, in its discretion, to award a reasonable attorney's fee in addition to 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. Provides that, whenever such a parent or legal representative is awarded such fees and is represented by a publicly funded organization which provide legal services, the reasonable attorney's fee shall be computed on the basis of the actual cost to such organization of bringing such civil action (including its proportion of the legal costs, other related expenses, and overhead costs attributable to such civil action). Provides that nothing under the Act shall be construed to restrict or limit the rights, procedures, and remedies available under the Constitution, title V of the Rehabilitation Act of 1973, or other Federal statutes protecting the rights of handicapped children and youth, except that before the filing of a civil action under such laws seeking relief that is also available under provisions for assistance for education of all handicapped children under the Act the impartial due process hearing and the impartial review procedures under such provisions must be exhausted to the same extent as would be required had the action been brought under such provision of the Act. Authorizes courts to retroactively award such reasonable attorney's fees for civil court actions to parents who prevailed in cases under the Act which were pending on or brought after a specified date.

(Reported to Senate from the Committee on Labor and Human Resources with amendment, S. Rept. 99-112) Handicapped Children's Protection Act of 1985 - Amends the Education of the Handicapped Act (the Act) to require, within five days after receipt of a complaint, the appropriate State educational agency (SEA), local educational agency (LEA), or intermediate educational unit (IEU) to notify the parent or legal representative of the handicapped child or youth whether or not the SEA, LEA, or IEU, as the case may be, will use the services of an attorney in conjunction with a specified impartial due process hearing or impartial review. Adds provisions for the award of reasonable attorney's fees, reasonable witness fees, and other reasonable expenses to prevailing parents or legal representatives in connection with impartial due process hearing, impartial reviews, and civil actions under the Act under specified circumstances. Requires a court to hear a case de novo in civil actions brought under the Act in which no attorney participated in the hearing or the review prohibits such a trial de novo from including the introduction of unrelated issues which the court determines would circumvent the exhaustion of administrative remedies. Provides that nothing under the Act shall be construed to restrict or limit the rights, procedures, and remedies available under the Constitution, title V of the Rehabilitation Act of 1973, or other Federal statutes protecting the rights of handicapped children and youth, except that before the filing of a civil action under such laws seeking relief that is also available under provisions for assistance for education of all handicapped children under the Act the impartial due process hearing and the impartial review procedures under such provisions must be exhausted to the same extent as would be required had the action been brought under such provision of the Act. Revises provisions for grants for personnel training under the Act to provide that some of such grants may be used to provide training and information to parents and individuals who work with parents. (Current law limits such provision of training and information to parents and volunteers who work with parents.) Requires that at least one such parent training and information program grant be made to each State. Includes among the responsibilities of such parent training and information programs assisting parents to: (1) understand the administrative procedures available under specified provisions of the Act; and (2) effectively participate, if they wish to, in the due process hearing and impartial review authorized by such provisions. Authorizes courts to retroactively award legal fees for civil court actions to parents who prevailed in cases under the Act which were pending on or brought after a specified date.

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 a parent or legal representative 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. Provides that such amendment 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.