Illinois General Assembly - Bill Status for HB6813

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Bill Status of HB6813 93rd General Assembly

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Short Description: SCH CD-SPEC ED-ATTORNEY FEES

House Sponsors
Rep. James D. Brosnahan - John A. Fritchey - Kevin A. McCarthy, Lou Lang, Karen A. Yarbrough, Kevin Joyce and Harry Osterman

Last Action

Date	Chamber	Action
1/11/2005	House	Session Sine Die

Statutes Amended In Order of Appearance

105 ILCS 5/14-8.02a

Synopsis As Introduced
Amends the Children with Disabilities Article of the School Code. Provides that a parent or guardian who is a prevailing party in an impartial due process hearing or a civil action may recover reasonable attorney's fees and costs from an opposing party (now, the school district is liable for attorney's fees only if the district willfully disregards applicable regulations or statutes and that disregard is detrimental to the child). Effective immediately.

House Committee Amendment No. 1
Removes the provision that requires an action to recover attorney's fees and costs to be brought within 30 days.

House Committee Amendment No. 2

	Adds reference to:
	30 ILCS 805/8.28 new

Amends the State Mandates Act to require implementation without reimbursement.

Fiscal Note (State Board of Education)

House Bill 6813 may significantly shift the cost of due process hearings to school districts, may cause school districts to merely give up legitimate efforts to assert their position to avoid due process and the possibility of this additional liability, may cause school districts that participate in due process to avoid settlements, and may increase the cost of providing services to children. The State Board of Education does not have sufficient data to make a reasonable estimate of the costs of these potential outcomes. Currently approximately 450 cases go to due process annually, of which approximately 100 drop out of due process for various reasons prior to their conclusion, 260 end in some form of settlement or mediation, and 90 end in a final hearing decision. Currently school districts prevail in approximately 70% of the 90 cases ending in a final hearing decision. If HB 6813 reduces this percentage to 50% (45 cases) and assuming average legal fees of approximately $50,000, the cost to school districts will be approximately $2.25 million. For the 260 cases that end prior to a full hearing, assuming 50% are settled or mediated in favor of the school district at an average legal cost of $5,000, the cost to school districts would be approximately $650,000. House Bill 6813 would cost school districts in aggregate nearly $3 million.

	State Mandates Fiscal Note (State Board of Education)
	HB6813 appears to establish a due process mandate. Due process mandates are exempt from state reimbursement. Moreover, the legislation is specifically exempt from the State Mandates Act, and any cost incurred by school districts is not reimbursable from the state.

Actions

Date	Chamber	Action
2/9/2004	House	Filed with the Clerk by Rep. James D. Brosnahan
2/9/2004	House	First Reading
2/9/2004	House	Referred to Rules Committee
2/19/2004	House	Assigned to Judiciary I - Civil Law Committee
2/24/2004	House	Added Co-Sponsor Rep. Lou Lang
2/25/2004	House	House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
2/25/2004	House	House Committee Amendment No. 2 Filed with Clerk by Judiciary I - Civil Law Committee
2/25/2004	House	House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
2/25/2004	House	House Committee Amendment No. 2 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
2/25/2004	House	Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 015-001-003
2/25/2004	House	Placed on Calendar 2nd Reading - Short Debate
2/25/2004	House	Added Chief Co-Sponsor Rep. John A. Fritchey
2/26/2004	House	Added Chief Co-Sponsor Rep. Robin Kelly
2/27/2004	House	Added Co-Sponsor Rep. Karen A. Yarbrough
3/2/2004	House	Second Reading - Short Debate
3/2/2004	House	Placed on Calendar Order of 3rd Reading - Short Debate
3/9/2004	House	Added Co-Sponsor Rep. Kevin Joyce
3/24/2004	House	Sponsor Removed Rep. Robin Kelly
3/25/2004	House	Fiscal Note Filed As Amended by HA 1,2
3/25/2004	House	State Mandates Fiscal Note Filed As Amended by HA 1,2
3/26/2004	House	Added Chief Co-Sponsor Rep. Kevin A. McCarthy
4/2/2004	House	Rule 19(a) / Re-referred to Rules Committee
4/29/2004	House	Added Co-Sponsor Rep. Harry Osterman
1/11/2005	House	Session Sine Die

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