COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 1507-01

Bill No.: Perfected HB 655

Subject: Children and Minors: Disabilities; Education, Elementary and Secondary; Elementary and Secondary Education Dept

Type: Original

Date: May 6, 2003




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2004 FY 2005 FY 2006
Total Estimated

Net Effect on

General Revenue

Fund

$0 $0 $0



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Total Estimated

Net Effect on Other

State Funds

$0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 4 pages.













ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Local Government $0 $0 $0


FISCAL ANALYSIS



ASSUMPTION



Officials from the Department of Elementary and Secondary Education (DESE) assumed this proposal would have no fiscal impact on their agency or on school districts.



DESE states this proposal would implement changes to meet federal regulations implementing IDEA (Individuals with Disabilities Education Act):

Officials from the Office of State Courts Administrator indicated there would be no fiscal impact on the Courts resulting from this legislation.



In response to similar proposals, officials from the following school districts made the following assumptions:



Officials from the Special School District of Saint Louis County and the Parkway C-2 School District indicated there would be no cost to their districts.



Officials from the Kansas City, Missouri School District responded to the request for fiscal note and did not indicate any estimate of costs to their district associated with this proposal.



ASSUMPTION (continued)



Officials from the Saint Louis Public Schools responded, commenting on the increasing costs of special education, but did not indicate specific impact to their district as a result of this proposal.



FISCAL IMPACT - State Government FY 2004

(10 Mo.)

FY 2005 FY 2006
$0 $0 $0





FISCAL IMPACT - Local Government FY 2004

(10 Mo.)

FY 2005 FY 2006
$0 $0 $0



FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.



DESCRIPTION



This proposal deletes the current requirement that students receiving special education services must be accommodated when possible by special aids and services rather than separate classes and restates it to require that separate schooling be used only when education in regular classes with aids and services cannot be achieved satisfactorily.



The proposal also revises the procedure for review of hearing panel decisions, requiring the court to receive the administrative record, hear additional evidence if requested, and rule on the preponderance of the evidence, and provides for a 45-day period in which judicial review may be petitioned. The proposal permits appeals of the court's decision and makes the provisions of the administrative procedure chapter applicable to special education due process hearings and appeals.



This legislation would not duplicate any other program and would not require additional capital improvements or rental space.







SOURCES OF INFORMATION



Department of Elementary and Secondary Education

Kansas City, Missouri School District

Saint Louis Public Schools

Parkway C-2 School District

Office of State Courts Administrator

Special School District of Saint Louis County









Mickey Wilson, CPA

Director

May 6, 2003