Colorado Legislative Council Staff



Drafting Number:

Prime Sponsor(s):

LLS 99-0107

Rep. Mace

Sen. Hernandez


Bill Status:

Fiscal Analyst:

January 5, 1999

House Education

Harry Zeid (303-866-4753)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund

Federal Fund



State Expenditures

General Fund

Federal Fund





FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: None Identified

Effective Date: Upon signature of the Governor

Appropriation Summary for FY 1999-2000: $4,084,354 GF, Public School Finance, Total Program

Local Government Impact: The additional student evaluations in preparation of the remedial discipline plan will increase the number of students that are classified as disabled under the Exceptional Children's Educational Act. Additional school district expenditures are estimated to be $14,295,239 in FY 1999-00 and $15,436,400 in FT 2000-01.

Summary of Legislation

            Under current law, a school district is required to prepare a remedial discipline plan on a student following a child's second suspension for disruption. This bill would require school districts to evaluate the child for any disability in the course of preparing the remedial discipline plan. The evaluation, however could be conducted only with the written consent of the child's parent, guardian, or legal custodian. A "significant identifiable emotional disorder or identifiable perceptual or communicative disorder" would include attention deficit disorder (ADD), attention deficit hyperactivity disorder (ADHD), and bipolar disorders.

State Expenditure Impact

            Evaluating students for ADD, ADHD, and bipolar disorders in preparation of a remedial discipline plan will increase the number of students that are classified as disabled under the Exceptional Children's Educational Act. The Department of Education does not collect information on the number of children that have ADD, ADHD, or bipolar disorders. Furthermore, state and local administrative units only identify the primary disability of each child with a disability. Therefore, the number of children with ADD, ADHD, or bipolar disorders that are already receiving special education services is not known.

            Approximately 1.0 percent of the students in Colorado have been identified as handicapped and are receiving services under Section 504 of the Rehabilitation Act of 1973. This includes children with ADD, ADHD and bipolar disorders who do not currently qualify under state and federal special education laws. It is assumed that one-half of the Section 504 students would qualify for special education under the provisions of this bill.

            The average cost per student for special education in FY 1999-00 is approximately $5,657, including $444 per student for a 16 hour special education referral and assessment. It is assumed that 3,610 students would be affected by the bill in FY 1999-00, and that 3,700 students will be affected in FY 2000-01. Program costs are assumed to be split as follows: 20 percent state General Fund obligation; 10 percent matching federal funds; and 70 percent local school district support. This is based on the current funding split for other special education programs. Table 1 identifies the funding requirements of the bill.

Table 1. Bill B Funding Requirements,

FY 1999-00 and FY 2000-01


FY 1999-00

FY 2000-01

Number of students affected

Cost per student

State General Fund (20%)

Federal Funds (10%)

Local School District (70%)  Total Cost













School District Impact

            The bill will increase the number of special education children identified under the Exceptional Children's Educational Act. It will also require an increase in the number of special education teachers and related services personnel required at the school level. It is assumed that 70 percent of the program costs will be a local school district obligation. Local school district costs are projected to be $14,295,239 in FY 1999-00 and $15,436,400 in FY 2000-01.

State Appropriations

            The fiscal note implies that the FY 1999-00 General Fund appropriation for Public School Finance, Total Program, be increased by $4,084,354.

Departments Contacted


Omissions and Technical or Mechanical Defects

            The bill does not allow school districts the option of identifying children with ADD, ADHD, and bipolar disorders under the category of physical disabilities. This is in conflict with 2220-R-2.01 of the Rules for the Administration of the Exceptional Children's Educational Act.