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February 21, 2023 HB 23-1168
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0759
Rep. Sharbini
Date:
Bill Status:
Fiscal Analyst:
February 21, 2023
House Education
John Armstrong | 303-866-6289
john.armstrong@coleg.gov
Bill Topic: LEGAL REPRESENTATION & STUDENTS WITH DISABILITIES
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☒ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill requires the Department of Education to develop a list of attorneys qualified to
represent parents in special education disputes with public schools, and appoint these
attorneys to represent parents in certain appeal situations. The bill increase state
expenditures and annually transfers money to fund state-appointed attorneys
beginning in FY 2023-24.
Appropriation
Summary:
For FY 2023-24, the bill requires an appropriation of $28,302 to the Department of
Education.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 23-1168
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures General Fund $28,302 $16,410
Cash Funds $10,000 $10,000
Centrally Appropriated $4,712 $4,840
Total Expenditures $43,014 $31,250
Total FTE 0.3 FTE 0.3 FTE
Transfers General Fund ($10,000) ($10,000)
Cash Funds $10,000 $10,000
Net Transfer $0 $0
Other Budget Impacts General Fund Reserve $4,245 $2,462 Page 2
February 21, 2023 HB 23-1168
Summary of Legislation
The bill requires the Department of Education (CDE) to maintain a list of attorneys qualified to
represent parents of child with a disability in due process hearings brought under the federal
Individuals with Disabilities in Education Act (IDEA). If a local education provider or other state
program providing special education services initiates a due process concerning issues disputed in a
state complaint in which the parent prevailed, the CDE must appoint an attorney from the list of
attorneys to represent the parent.
The bill creates the Student with Disabilities Legal Representation Cash Fund and requires an annual
transfer of $10,000 from the General Fund to the fund, on or before July 1 of each year starting in 2024.
The fund may receive gifts, grants, and donations. Attorneys may receive up to $7,500 from the fund
to represent a parent in a case. CDE must update materials distributed to parents describing due
process complaint procedures for special education students to include the process of appointing
attorneys in the event of a dispute.
State Transfers
On or before July 1, 2024, and each July 1 thereafter, the bill requires an annual transfer of $10,000
from the General Fund to the newly created Student with Disabilities Legal Representation Cash
Fund. This fiscal note assumes the first transfer will occur sometime in FY 2023-24, prior to July 1, 2024.
To ensure that funds are available to support appointments in FY 2023-24, the bill may require
additional clarification specifying when the transfer will occur within the fiscal year.
State Expenditures
The bill increases state expenditures in the Department of Education by $43,014 in FY 2023-24, and by
$31,250 in FY 2024-25, paid from the General Fund and the Student with Disabilities Legal
Representation Cash Fund. Expenditures are shown in Table 2 and detailed below.
Table 2
Expenditures Under HB 23-1168
FY 2023-24 FY 2024-25
Department of Education
Personal Services $15,042 $16,410
Translation Services $13,260 -
Attorney Reimbursement $10,000 $10,000
Centrally Appropriated Costs
1
$4,712 $4,840
Total Cost $43,014 $31,250
Total FTE 0.3 FTE 0.3 FTE
1
Centrally appropriated costs are not included in the bill's appropriation. Page 3
February 21, 2023 HB 23-1168
Staff. CDE must develop criteria for attorneys qualified to represent parents, maintain and update
the list, create an assignment and waiver process for parents involved in disputes, and manage
reimbursements and credits to a cash fund. This will require 0.3 FTE for an Administrative Assistant
starting in FY 2023-24. Once the program is running, this Administrative Assistant will appoint
attorneys and provide parents with information and respond to parents and attorneys as needed.
Translation services. Due process materials distributed to parents concerning special education is
currently translated into 13 languages other than English. Updating this material will require $13,000
in translation services. This assumes 34 pages and a translation cost of $34 per page.
Attorney reimbursement. It is assumed that up to $10,000 per year will be spent from the Student
with Disabilities Legal Representation Cash Fund. While the exact number of appointments is not
known, it is assumed that the CDE will be required to manage appointments within the available
funding transferred or appropriated to the fund by the General Assembly. Should appointment costs
exceed available funds, the CDE may request additional appropriations to the fund to support more
appointments. The ability to begin making appointments in FY 2023-24 depends on how soon within
the fiscal year that the CDE develops the list of attorneys and procedures for the program, and when
the transfer from the General Fund occurs.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs associated
with this bill are addressed through the annual budget process and centrally appropriated in the Long
Bill or supplemental appropriations bills, rather than in this bill. These costs, which include employee
insurance and supplemental employee retirement payments, are shown in Table 2.
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve. Based on this fiscal note, the
bill is expected to increase the amount of General Fund held in reserve by the amounts shown in
Table 1, decreasing the amount of General Fund available for other purposes.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State Appropriations
For FY 2023-24, the bill requires the following appropriations, and 0.3 FTE, to the CDE:
$28,302 from the General Fund; and
$10,000 from the Student with Disabilities Legal Representation Cash Fund.
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February 21, 2023 HB 23-1168
Departmental Difference
The CDE estimates that its costs will be $66,076 and 0.8 FTE in FY 2023-24 and $48,810 and 0.8 FTE in
FY2024-25 to administer the new attorney appointment program. This fiscal note differs from the CDE
estimate by reducing the estimated number of correspondence hours on these cases from 1,580 annual
hours to approximately 500 hours.
State and Local Government Contacts
Education Information Technology Judicial
Law Treasury
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.