First Regular Session
Sixty-second General Assembly
LLS NO. R990938.01 Carrie
Hunt
STATE OF COLORADO
BY REPRESENTATIVE King;
also SENATOR Andrews.
APPROPRIATIONS
HOUSE JOINT RESOLUTION 99-1034
CONCERNING AN INTERIM STUDY OF THE FINANCING OF SPECIAL
EDUCATION PROGRAMS IN THE STATE OF COLORADO.
WHEREAS, The Office of the State Auditor contracted
for a study of special education programs, which was published
in October, 1998; and
WHEREAS, One of the subjects of the study was the
funding of special education programs; and
WHEREAS, A recommendation of the study was that the
Colorado Department of Education evaluate the current funding
system and recommend changes for improvement; and
WHEREAS, Expenditures for special education programs
represent a significant outlay of moneys for school districts,
totaling $343 million statewide in fiscal year 199697; and
WHEREAS, The General Assembly appropriates money
under the Exceptional Children's Educational Act and the Public
School Finance Act of 1994 to help support programs for children
with disabilities; and
WHEREAS, Any change to the method of distributing
state General Fund moneys appropriated for special education programs
will require a change in state law; and
WHEREAS, The impact of special education funding
on school districts and the state budget suggests that state policymakers
should be involved in an undertaking to evaluate and change Colorado's
method of funding special education programs; now, therefore,
Be It Resolved by the House of Representatives
of the Sixtysecond General Assembly of the State of Colorado,
the Senate concurring herein:
(1) That there is hereby created an interim
committee to work through the 1999 interim to study the financing
of special education programs in the state of Colorado. The interim
committee shall consider, but need not be limited to, the following
issues:
(a) Methods to finance special education
in Colorado, including methods that will provide neither an incentive
or disincentive to identify students as needing special education
services, but will provide educators with the flexibility to provide
appropriate and effective special education services;
(b) The impact of federal funds on the
financing of special education programs and the impact of the
1997 reauthorization of the federal Individuals with Disabilities
Education Act and regulations promulgated pursuant thereto on
special education expenditures in Colorado;
(c) The appropriate data to collect from
school districts, recognizing both the need of policymakers to
evaluate data to make informed decisions and the administrative
burden placed on school districts in the collection of data;
(d) Options for and the feasibility of
equalizing money allocated for the support of special education
programs;
(e) Whether the state board of education
should be required to set minimum criteria for school districts
to provide special education programs directly and, if so, the
factors to be considered in establishing such criteria so that
such districts achieve maximum efficiency in administering special
education programs;
(f) The excess cost burden resulting from
children with disabilities being placed or attending school in
a district other than the district of residence, including children
placed by state agencies or courts or attending charter schools.
(2) That the interim committee shall consist
of eleven members. The Speaker of the House of Representatives
and the President of the Senate shall appoint the members of the
interim committee no later than thirty days after passage of this
Joint Resolution, as follows:
(a) The Speaker of the House of Representatives
shall appoint six representatives to serve on the interim committee,
one of whom shall be named chair of the interim committee and
no more than four of whom shall be members of the same political
party;
(b) The President of the Senate shall
appoint five senators to serve on the interim committee, one of
whom shall be named vicechair of the interim committee and
no more than three of whom shall be members of the same political
party.
(3) That the interim committee shall work with any interested parties, including but not limited to the Department of Education, the State Auditor, school districts, and parents of children with disabilities, to fulfill its duties as set forth in this Joint Resolution.
(4) That the interim committee shall make
findings and recommendations regarding the issues reviewed in
this study, including but not limited to any necessary legislation,
and shall submit a written report on the interim committee's findings
and recommendations to the Legislative Council no later than November
15, 1999. Legislation recommended by the interim committee shall
be treated as legislation recommended by any other interim committee
for purposes of any introduction deadlines or bill limitations
imposed by the joint rules of the Senate and the House of Representatives.
(5) That the interim committee shall meet
at least four times to fulfill its responsibilities in this study.
(6) That the members of the interim committee
shall be compensated as provided in section 22307,
Colorado Revised Statutes, for attendance at meetings of the interim
committee.
(7) That the Legislative Council staff,
the Office of Legislative Legal Services, the Joint Budget Committee,
and the State Auditors Office shall be made available to assist
the interim committee in carrying out its duties. All personnel
of the Department of Education shall cooperate with the interim
committee and with any persons assisting the interim committee
in carrying out its duties.
(8) That all expenditures incurred while conducting this study shall be approved by the chair of the Legislative Council and paid by vouchers and warrants drawn as provided by law from moneys allocated to the Legislative Council for legislative studies from appropriations made by the General Assembly.