093_HR0359

                                     LRB093 11803 KEF 16723 r

 1                          HOUSE RESOLUTION

 2        WHEREAS, The federal government has established a goal of
 3    reimbursing 40% of the costs of special education incurred by
 4    school districts; it currently provides  only  18%  of  costs
 5    nationally and 14% in Illinois; and

 6        WHEREAS,  The  State  of Illinois did not fully reimburse
 7    allowable special education claims  in  FY03  funding;  these
 8    were at a prorated level of 91%; and

 9        WHEREAS,  The  Governor's  FY04  budget again calls for a
10    prorated payment of 91% of special  education  claims,  at  a
11    loss of over $100 million to school districts; and

12        WHEREAS,  Illinois  school  districts  currently spend an
13    estimated $1 billion from their general  education  funds  to
14    meet  the  unreimbursed  costs  of special education services
15    that  are  mandated   by   federal   and   State   laws   and
16    administrative rules; and

17        WHEREAS,  The  Illinois Advisory Council on Children with
18    Disabilities (IACCD) has both the authority and the expertise
19    to study and propose special education  rules  to  the  State
20    Board of Education; and

21        WHEREAS,  The  State  Board  of  Education  has  both the
22    statutory authority and duty under the School Code  to  adopt
23    special  education  rules  and  recommend such rules and rule
24    changes to the Joint Committee on Administrative Rules as the
25    State Board deems necessary and  proper  for  the  effective,
26    efficient,  and  appropriate  provisions of special education
27    services to persons with disabilities; therefore, be it

28        RESOLVED,  BY  THE  HOUSE  OF  REPRESENTATIVES   OF   THE
29    NINETY-THIRD  GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
30    we hereby request that the IACCD and State Board of Education
31    immediately study existing State rules on  special  education
 
                            -2-      LRB093 11803 KEF 16723 r
 1    adopted  by  the State Board of Education and given effect by
 2    the Joint  Committee  on  Administrative  Rules;  and  be  it
 3    further

 4        RESOLVED, That the IACCD and the State Board of Education
 5    recommend  possible  special  education rule changes that may
 6    afford regulatory relief, give effect to  cost  savings,  and
 7    reduce  administrative  burdens  and  paper  work  for school
 8    districts  without  impairing   either   the   provision   of
 9    appropriate  special  education  services  for  persons  with
10    disabilities   or   the   goals  of  specific  individualized
11    education plans; and be it further

12        RESOLVED, That the findings of the IACCD  and  the  State
13    Board of Education be reported to the General Assembly by the
14    first day of the next veto session; and be it further

15        RESOLVED,  That  suitable  copies  of  this resolution be
16    delivered to the IACCD and the State Board of Education.