146th
GENERAL ASSEMBLY
FISCAL
NOTE
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sponsor: Representative
Q. Johnson DESCRIPTION: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO
EDUCATION AND EXCEPTIONAL CHILDREN.
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ASSUMPTIONS:
1. Fiscally effective upon the signature
of the Governor.
2.
This
Act permits parents and guardians who successfully challenge the denial of
services to their children with special needs to recover the costs of expert
witnesses that they needed to hire to advocate for their children.
3.
Over
the past 6 years, there have been an average of 3.5 due process hearings per
year within the State that have been fully adjudicated.
4.
As
an example of the potential costs involved, the court case noted in the
synopsis of the Act, the Arlington Central School District Board of Education
v. Murphy, centered on the parents’ claim for $29,350 in fees pertaining to the
services of an educational consultant.
5.
Because
the type of expert testimony (e.g. educational consultant, behavioral analyst,
neurologist), the cost of the witnesses travel, meals and mileage and the
length of the expert’s involvement in the case (child observations, deposition
and/or court proceedings) the fiscal impact cannot be estimated with any degree
of accuracy.
Cost
– Local School Districts:
Fiscal Year 2013 Indeterminable
Fiscal Year 2014 Indeterminable
Fiscal Year 2015 Indeterminable
Office
of Controller General
(Amounts are shown in whole dollars)
June
19, 2012
MLM:CG
1161460216