PRINTER'S NO. 765
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
120
Session of
2017
INTRODUCED BY RYAN, BAKER, BARRAR, BIZZARRO, CALTAGIRONE,
CHARLTON, D. COSTA, HELM, LONGIETTI, McNEILL, MILLARD, MURT,
NEILSON, PASHINSKI, QUIGLEY, RAPP, READSHAW, SAYLOR, SOLOMON,
STAATS AND WARD, MARCH 6, 2017
REFERRED TO COMMITTEE ON EDUCATION, MARCH 6, 2017
A RESOLUTION
Urging the Congress of the United States to provide
corresponding funding for Federal mandates with respect to
special education in the Commonwealth of Pennsylvania.
WHEREAS, Our Founding Fathers envisioned a nation in which
there was a separation of powers to ensure that the legislative,
executive and judicial branches were held in check and balance;
and
WHEREAS, Moreover, the Congress of the United States was
established so that the United States House of Representatives
represented the people and the United States Senate represented
the interests of the states; and
WHEREAS, In the document of the constitutional design of the
United States Senate, it states:
The framers of the Constitution created the United States
Senate to protect the rights of individual states and
safeguard minority opinion in a system of government designed
to give greater power to the national government. They
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modeled the Senate on governors' councils of the colonial era
and on the state senates that had evolved since independence;
and
WHEREAS, The passage of the 17th Amendment of the
Constitution of the United States effectively undermined
critical aspects of the balance of powers by stripping the
states of direct representation and paved the way for the states
to lose their representation; and
WHEREAS, The separation of powers is violated in the case of
unfunded Federal mandates on the states which, because of the
17th Amendment, become mere implementers of Federal law and
policies; and
WHEREAS, Unfunded Federal mandates in the area of education
have saddled schools, local communities and taxpayers with
burdens of unparalleled proportions; and
WHEREAS, Schools in the Commonwealth of Pennsylvania rely on
State taxes and property taxes to fund these unfunded Federal
education mandates, otherwise known as cost drivers, as well as
locally desired programs; and
WHEREAS, One of the principal cost drivers for schools in the
Commonwealth of Pennsylvania is the unfunded Federal mandate
associated with educating children with disabilities; and
WHEREAS, The Federal Government's prescription for helping
children with disabilities without corresponding funding raises
the risk of those children not receiving the special education
they need; and
WHEREAS, Unfunded Federal special education mandates put the
parents of children with disabilities in the unfortunate
position of searching for school districts that have programs
that meet the diverse needs of their children; and
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WHEREAS, Unfunded Federal special education mandates
significantly impact the ability of school districts in the
Commonwealth of Pennsylvania to formulate a budget due to the
unknown costs associated with a varying degree of special
education needs; and
WHEREAS, Unfunded Federal special education mandates are
responsible for an average of 12% to 17% of a school district's
budget in the Commonwealth of Pennsylvania being allocated to
help children with disabilities with limited funding assistance
from the Federal Government; and
WHEREAS, As a result, school districts in the Commonwealth of
Pennsylvania are forced to increase property taxes; and
WHEREAS, It is necessary for the preservation of our
liberties and the restoration of the balance of power between
the Federal, State and local governments that Federal programs
be funded by Federal revenue, State programs be funded by State
revenue, and local programs be funded by local revenue; and
WHEREAS, Federal funding for special education mandates in
the Commonwealth of Pennsylvania ensures that Commonwealth
residents will not be the sole source of funding for these
mandates; and
WHEREAS, Parents of children with disabilities should not
have to move to a different school district in order for their
children to receive a quality education as a result of unfunded
Federal special education mandates; therefore be it
RESOLVED, That the House of Representatives of the
Commonwealth of Pennsylvania urge the Congress of the United
States to provide corresponding funding for Federal mandates
with respect to special education in the Commonwealth of
Pennsylvania; and be it further
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RESOLVED, That copies of this resolution be transmitted to
the presiding officers of each house of Congress and to each
member of Congress from Pennsylvania.
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