PRINTER'S NO. 3087
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
652
Session of
2020
INTRODUCED BY BOBACK, PICKETT, RYAN, YOUNGBLOOD, MEHAFFIE, HELM,
STRUZZI, HEFFLEY AND KAUFER, JANUARY 10, 2020
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 10, 2020
A RESOLUTION
Directing the Joint State Government Commission to study the
effectiveness of the Department of Education's Office for
Dispute Resolution.
WHEREAS, A free and appropriate education is available to all
children with disabilities in this Commonwealth; and
WHEREAS, The Commonwealth maintains procedures in accordance
with Federal law to ensure that children with disabilities and
their parents are guaranteed procedural safeguards with respect
to the provision of a free and appropriate education; and
WHEREAS, The Department of Education established the Office
for Dispute Resolution to provide due process for students with
disabilities and their parents who believe their school district
is not providing the student with a free and appropriate
education; and
WHEREAS, Parents who believe that their child is not
receiving a free and appropriate education and who are unable to
agree to a resolution with the school district may request a due
process hearing through the Office for Dispute Resolution; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
WHEREAS, At the due process hearing, a neutral hearing
officer will hear testimony and examine evidence from both the
parents and the school district; and
WHEREAS, At the conclusion of the due process hearing, the
hearing officer will issue a written decision, which is a
legally enforceable document setting forth the legal obligations
of all parties; and
WHEREAS, If the parents or school district disagree with the
decision of the hearing officer, the decision may be appealed in
either Federal or State court; therefore be it
RESOLVED, That the House of Representatives direct the Joint
State Government Commission to study the effectiveness of the
Department of Education's Office for Dispute Resolution; and be
it further
RESOLVED, That the study include all of the following:
(1) The number of hearing officer decisions that were
appealed to either a Federal or State court.
(2) The final verdict of any hearing officer decision
appealed to a Federal or State court.
(3) The process by which other states provide due
process for students with disabilities as required by the
Federal Individuals with Disabilities Education Act.
(4) The litigation costs to school districts, including
attorney fees and compensatory education, of all due process
hearings.
(5) The litigation costs to school districts, including
attorney fees and compensatory education, of all hearing
officer decisions appealed to either a Federal or State
court;
and be it further
20200HR0652PN3087 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
RESOLVED, That the Joint State Government Commission submit a
report of its findings to the General Assembly no later than
January 1, 2021.
20200HR0652PN3087 - 3 -
1
2
3