A bill to amend the Education of the Handicapped Act to authorize the award of reasonable attorneys' fees to certain prevailing parties, and to clarify the effect of the Education of the Handicapped Act on rights, procedures, and remedies under other laws relating to the prohibition of discrimination.
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.
House Incorporated this Measure (Amended) in S.415 as an Amendment.
Senate agreed to request for conference. Appointed conferees. Hatch; Weicker; Nickles; Kennedy; Kerry.
Conference committee actions: Conferees agreed to file conference report.
Conferees agreed to file conference report.
Conference report filed: Conference Report 99-687 Filed in House.
Conference Report 99-687 Filed in House.
Conference papers, Senate report and managers' statement and message on House action held at the desk.
Conference report considered in Senate.
Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.
Senate agreed to conference report by Voice Vote.
Committee on Rules Granted a Rule Waiving Certain Points of Order Against the Conference Report.
Rules Committee Resolution H.Res.505 Reported to House.
Conference report agreed to in House: House Agreed to Conference Report by Voice Vote.
Enacted as Public Law 99-372
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House Agreed to Conference Report by Voice Vote.
Measure Signed in Senate.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 99-372.
Became Public Law No: 99-372.