SPECIAL EDUCATION HEARING COSTS

Senate Bill 1184

Sponsor:  Sen. Wayne Kuipers

House Committee:  Education

Senate Committee:  Education

Complete to 5-12-06

A SUMMARY OF SENATE BILL 1184 AS PASSED BY THE SENATE 3-30-06

The bill would amend the Revised School Code to specify that, beginning July 1, 2006, the board of a local school district or other public agency responsible for providing programs or services to a child with a disability would be responsible for 75 percent of the costs of providing a due process hearing under R 340.1882 of the Michigan Administrative Code.

Rule 340.1882, which will take effect July 1, 2006, allows a parent, public agency, or the Department of Education to request an administrative hearing on matters related to identification, evaluation, educational placement, provision of a free appropriate public education, provision of appropriate services to the child or his or her family, assignment of financial obligations for those services, determination that behavior was not a manifestation of the student's ability, or determination of an interim alternative setting.

The rule states that the district of residence or public school academy must reimburse the special education hearings unit for 75 percent of the costs related to providing the hearing.

MCL 380.1852

FISCAL IMPACT:

The bill would have no fiscal impact, as it would codify current practice under administrative rule.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                  Fiscal Analyst:   Bethany Wicksall

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.