| Date | Chamber | Action |
| 1/11/2005 | House | Session Sine Die |
| 105 ILCS 5/14-8.02a |
| Adds reference to: | ||
| 30 ILCS 805/8.28 new | ||
| Fiscal Note (State Board of Education) | |
| House Bill 6813 may significantly shift the cost of due process hearings to school districts, may cause school districts to merely give up legitimate efforts to assert their position to avoid due process and the possibility of this additional liability, may cause school districts that participate in due process to avoid settlements, and may increase the cost of providing services to children. The State Board of Education does not have sufficient data to make a reasonable estimate of the costs of these potential outcomes. Currently approximately 450 cases go to due process annually, of which approximately 100 drop out of due process for various reasons prior to their conclusion, 260 end in some form of settlement or mediation, and 90 end in a final hearing decision. Currently school districts prevail in approximately 70% of the 90 cases ending in a final hearing decision. If HB 6813 reduces this percentage to 50% (45 cases) and assuming average legal fees of approximately $50,000, the cost to school districts will be approximately $2.25 million. For the 260 cases that end prior to a full hearing, assuming 50% are settled or mediated in favor of the school district at an average legal cost of $5,000, the cost to school districts would be approximately $650,000. House Bill 6813 would cost school districts in aggregate nearly $3 million. |
| State Mandates Fiscal Note (State Board of Education) | |
| HB6813 appears to establish a due process mandate. Due process mandates are exempt from state reimbursement. Moreover, the legislation is specifically exempt from the State Mandates Act, and any cost incurred by school districts is not reimbursable from the state. |
| Date | Chamber | Action | 2/9/2004 | House | Filed with the Clerk by Rep. James D. Brosnahan | 2/9/2004 | House | First Reading | 2/9/2004 | House | Referred to Rules Committee | 2/19/2004 | House | Assigned to Judiciary I - Civil Law Committee | 2/24/2004 | House | Added Co-Sponsor Rep. Lou Lang | 2/25/2004 | House | House Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee | 2/25/2004 | House | House Amendment No. 2 Filed with Clerk by Judiciary I - Civil Law Committee | 2/25/2004 | House | House Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote | 2/25/2004 | House | House Amendment No. 2 Adopted in Judiciary I - Civil Law Committee; by Voice Vote | 2/25/2004 | House | Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 015-001-003 | 2/25/2004 | House | Placed on Calendar 2nd Reading - Short Debate | 2/25/2004 | House | Added Chief Co-Sponsor Rep. John A. Fritchey | 2/26/2004 | House | Added Chief Co-Sponsor Rep. Robin Kelly | 2/27/2004 | House | Added Co-Sponsor Rep. Karen A. Yarbrough | 3/2/2004 | House | Second Reading - Short Debate | 3/2/2004 | House | Placed on Calendar Order of 3rd Reading - Short Debate | 3/9/2004 | House | Added Co-Sponsor Rep. Kevin Joyce | 3/24/2004 | House | Sponsor Removed Rep. Robin Kelly | 3/25/2004 | House | Fiscal Note Filed As Amended by HA 1,2 | 3/25/2004 | House | State Mandates Fiscal Note Filed As Amended by HA 1,2 | 3/26/2004 | House | Added Chief Co-Sponsor Rep. Kevin A. McCarthy | 4/2/2004 | House | Rule 19(a) / Re-referred to Rules Committee | 4/29/2004 | House | Added Co-Sponsor Rep. Harry Osterman | 1/11/2005 | House | Session Sine Die |
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