Legislature(1993 - 1994)
02/22/1994 03:00 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 429 - SPECIAL EDUCATION SERVICE AGENCY CHAIR BUNDE, awaiting the arrival of Rep. Jeannette James, took a brief at ease at 4:06 and reconvened at 4:09. He announced the calendar for the remainder of the week. Number 689 REP. JEANNETTE JAMES, Prime Sponsor of HB 429, said, "I think this is probably the shortest bill in history." She stated that HB 429 was intended to enhance the operation of the state's Special Education Service Agency (SESA). She said the agency makes special education services accessible to children with severe or unusual disabilities who need specialized services not normally found in their district. She said SESA assures that qualified specialists are available to assist remote districts to increase their ability to deliver required services. She asserted that the bill would repeal the requirement for the Governor's Council on Disabilities and Special Education to govern the organization. She explained that the mission of the Governor's Council is to plan, evaluate, and promote services to people with disabilities. It should not govern part of the service system that is designed to evaluate and critique. She said SESA will create a consumer driven governing board. The new board will consist of people from rural areas and representatives of organizations that use the agency services. She said there is no cost to the program, and the Governor's Council on Disabilities and Special Education is an advocacy group not a services group. She said the Governor's Council on Disabilities and Special Education has been providing services. Number 723 CHAIR BUNDE said, "This replaces an existing group, that's why it's a zero fiscal note... or the existing group had a zero fiscal note." REP. JAMES said that a board within the Governor's Council on Disabilities and Special Education will be made a separate board and stand alone. She said that federal funding is already in place. CHAIR BUNDE asked if it is 100% federal funding. REP. JAMES deferred the question to Commissioner Margaret Lowe. COMMISSIONER MARGARET LOWE, Department of Health and Social Services, stated that the board is state funded, under the same funds that provide foundation funding. She said there is no fiscal note because only the oversight of the Governor's Council on Disabilities and Special Education is being taken away. She said that there is no need for additional funding. Number 754 CHAIR BUNDE reiterated that the legislation was changing the name of the program. REP. VEZEY asked what the relationship was between SESA and the Governor's Council on Disabilities and Special Education. Number 800 COMMISSIONER LOWE explained that the state felt services need to be accessible to rural areas around the state to "low incidence impairments." She said low incidence impairments relate to circumstances where perhaps there is a blind child in a rural community and the school district cannot afford to hire a teacher for the blind for that one child. She said the Governor's Council on Disabilities and Special Education saw the need for a program to address those issues and that is how the board was formed. COMMISSIONER LOWE said they have had a subcommittee of the Governor's Council on Disabilities and SESA has had oversight over the special education services with its own special board. She further stated that the board has always been subject to the approval of the Governor's Council on Disabilities and Special Education. Number 798 REP. VEZEY said there would be redundant board review. COMMISSIONER LOWE said there was not only redundancy, but also a main problem with the board is that presently the advocacy agency is also being the oversight. She said it seems to indicate a conflict of interest. REP. TOOHEY asked where the committee would go, or would it stand alone. COMMISSIONER LOWE said it would stand alone, and then other legislation would be proposed to give it its own statutory authority. REP. TOOHEY asked where the funds would be funnelled from. COMMISSIONER LOWE said that it is fully funded by the Department of Education (DOE). Number 837 REP. KOTT questioned the zero fiscal note and felt there would still be costs to the transition that should be reflected in the fiscal note. REP. TOOHEY said, if that were the case, the bill would not be supported. She said it was a funding shift. Number 850 REP. JAMES reiterated that there was no cost involved in the removal of the board from the Governor's Council on Disabilities and Special Education. CHAIR BUNDE clarified by saying, "This is a name change. There is still a cost to what this group does, but it is funded by the Department of Education." He questioned if Rep. Kott was inquiring as to the how much it costs to fund that particular board. REP. KOTT said that was a fair assessment. Number 881 SHEILA PETERSON, Special Assistant to Commissioner Covey, Department of Education, said that she could ask Duane Guiley, Director of the Division of Education Finance and Support Services for the Department of Education, exactly how much funding SESA receives. CHAIR BUNDE said it would answer a question that does not affect the bill one way or the other. He then asked for further testimony. Number 902 DAVID MALTMAN, Executive Director, Governor's Council on Disabilities and Special Education, testified via offnet. He said that HB 429 would repeal the requirement of the Governor's Council on Disabilities and Special Education to govern the State Special Education Service Agency. He said the council had felt it was inappropriate to have an advocacy program also evaluating and critiquing service programs. Number 916 CHAIR BUNDE asked what relationship Mr. Maltman was to the council. MR. MALTMAN said he was the executive director. CHAIR BUNDE asked for further questions. There being none, Chair Bunde asked the pleasure of the committee. REP. VEZEY made a motion to pass HB 429 out of committee with individual recommendations with the attached fiscal note. Hearing no objections, CHAIR BUNDE stated that HB 429 was so moved. Number 935 CHAIR BUNDE brought HB 359 to the table.
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