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                                                      PRINTER'S NO. 2016

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 140 Session of 1989


        INTRODUCED BY SAURMAN, FOX, COWELL, LASHINGER, CESSAR, NAILOR,
           WOGAN, JADLOWIEC, CARLSON, ROBINSON, TRELLO, JACKSON,
           CORNELL, PETRONE, GIGLIOTTI, E. Z. TAYLOR, MORRIS, BURD,
           WASS, REBER, HAGARTY, BISHOP, RICHARDSON, D. F. CLARK,
           STABACK, FARGO, FAIRCHILD, CIVERA, GODSHALL, GLADECK, CARN,
           O'BRIEN, MARSICO, DEMPSEY, WESTON, PHILLIPS, COHEN, FARMER,
           HESS, LANGTRY, NAHILL, CLYMER, GRUPPO, ANGSTADT, DIETTERICK,
           MERRY, MRKONIC, KASUNIC, BELARDI, HALUSKA, SERAFINI AND
           MOWERY, JUNE 12, 1989

        REFERRED TO COMMITTEE ON RULES, JUNE 12, 1989

                                  A RESOLUTION

     1  Providing for the appointment of the House Education Committee
     2     to investigate policies and procedures for funding special
     3     education.

     4     WHEREAS, Commonwealth authorities entered into a court-
     5  approved consent agreement in October 1971 which committed the
     6  Commonwealth "to place each mentally retarded child in a free,
     7  public program of education and training appropriate to the
     8  child's capacity"; and
     9     WHEREAS, This shift of public policy was accompanied by clear
    10  and unmistakable promise that the Commonwealth would pay the
    11  extra costs generated thereby; and
    12     WHEREAS, School districts and intermediate units are annually
    13  required to prepare special education plans "for the proper
    14  education and training of all exceptional children" in
    15  accordance with the standards and regulations of the State Board

     1  of Education; and
     2     WHEREAS, The Department of Education has failed, since 1974,
     3  to fulfill its promise to fund excess costs, has ignored the
     4  statutory scheme for special education, and has neglected to
     5  conduct budget reviews in relationship to the programmatic needs
     6  of school districts and intermediate units; and
     7     WHEREAS, The Department of Education has instead adopted and
     8  continues to use an arbitrary and counterproductive system for
     9  allocation of special education funds; and
    10     WHEREAS, The department's current funding allocation results
    11  in an arbitrary determination of the amount the Commonwealth
    12  will spend on special education regardless of programmatic
    13  needs; and
    14     WHEREAS, It is necessary to improve the current system by
    15  exercising cost containment through more efficient and effective
    16  targeting of special education funds, through review procedures
    17  designed to eliminate or reform unnecessary or ineffective
    18  programs and services, and through the rejection of budgetary
    19  requests that exceed what is reasonable to finance necessary
    20  programs and services; and
    21     WHEREAS, Legislative action will be necessary in the event
    22  the Department of Education fails to reform its flawed procedure
    23  for reviewing special education budget requests and for
    24  allocating special education funds; therefore be it
    25     RESOLVED, That the House Education Committee investigate
    26  policies and procedures for special education funding, including
    27  the department's current system for reviewing special education
    28  budget requests and for allocating special education funds to
    29  school districts and intermediate units. The committee shall
    30  seek input from all concerned parties in the conduct of its
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     1  investigation, including the Department of Education, school
     2  districts, intermediate units, other providers and advocacy
     3  groups; and be it further
     4     RESOLVED, That the committee shall report to the House of
     5  Representatives on its activities, findings and recommendations
     6  as soon as possible, and shall issue interim reports to the
     7  House of Representatives as the committee deems necessary.
















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