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F I S C A L I M P A C T R E P O R T

SPONSOR Nava

DATE TYPED

2/1/06

2/7/06

HB

SHORT TITLE Resolve School Law & Reimbursement Issues

SB SJM 7/aSRC/aSEC

ANALYST Quezada

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

There were no responses from state agencies.

SUMMARY

Synopsis of SEC Amendment

The Senate Education Committee amendments change the title to request that that the Public

Education Department collaborate with other departments to implement the intent of the memo-

rial. The memorial is also amendment to request that the PED collaborate with the Department

of Health, the Department of Human Services and school personnel to examine the app;icable

federal laws.

Synopsis of SRC Amendment

The Senate Rules Committee removes all specific references that (PED) examine charter school

practices because their enrollment procedures pursuant to the 1999 Charter Schools Act make no

provision for special needs populations.

Synopsis of Original Bill

Senate Joint Memorial 7 requests the Public Education Department examine issues regarding

Federal and State laws and reimbursement to districts for educational services for non-district

Senate Joint Memorial 7/aSRC/aSEC – Page 2

students. This could ensure that students who have been placed in public or private facilities

within district boundaries including residential treatment centers, foster care homes, domestic

violence shelters, receive the educational services they are entitled to. The Public Education De-

partment (PED) is requested to make recommendations regarding development of coherent uni-

form procedures, so school districts may provide these services. In addition, Public Education

Department is requested to examine the practice of charter schools to assess their efforts in

reaching out to special-needs populations. This will determine whether this complies with en-

rolment provisions under the 1999 Charter Schools Act. The Public Education Department is

requested to report their findings and recommendations to the Legislative Education Study

Committee by October 2006. Copies of Senate Joint Memorial 7 should be transmitted to the

Secretary of Education and study of Legislative Education Study Committee for appropriate dis-

tribution.

Significant Issues

The Federal Individuals with Disabilities Education Improvement Act of 2004 stipulates each

state ensure “a free and appropriate public education” This is available to all children that reside

within the state.

FISCAL IMPLICATIONS

Senate Joint memorial 7 has no fiscal impact.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

The consequences of not resolving or amending this bill are children may not receive an educa

tion.

POSSIBLE QUESTIONS

If (PED) can’t resolve the reimbursement issue will the state violate the federal Individuals with

Disabilities Education Improvement Act of 2004.

JQ/mt