PRINTER'S NO. 2016
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 19890H0140R2016 - 2 -
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. E31L82RDG/19890H0140R2016 - 3 -