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March 6, 2023 HB 23-1168
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated February 21, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0759
Rep. Sharbini
Date:
Bill Status:
Fiscal Analyst:
March 6, 2023
House Appropriations
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 Colorado Department of Education to contract with a nonprofit
organization to develop a list of attorneys qualified to represent parents in special
education disputes with public schools. The bill increase state expenditures annually
from FY 2023-24 through FY 2028-29.
Appropriation
Summary:
For FY 2023-24, the bill requires an appropriation of $33,260 to the Colorado
Department of Education.
Fiscal Note
Status:
This revised fiscal note reflects the introduced bill, as amended by the House
Education Committee.
Table 1
State Fiscal Impacts Under HB 23-1168
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures General Fund $33,260 $20,000
Transfers - -
Other Budget Impacts General Fund Reserve $4,989 $3,962
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March 6, 2023 HB 23-1168
Summary of Legislation
The bill requires the Colorado Department of Education (CDE) to enter a five-year contract with a
nonprofit organization to create and maintain a list of attorneys qualified to represent the parents of
children with disabilities in due process hearings brought under the federal Individuals with
Disabilities in Education Act (IDEA). If a local education provider or other special education provider
initiates a due process concerning issues disputed in a state complaint in which the parent prevailed,
and the parent requests an attorney from the nonprofit, the organization may appoint an attorney to
represent the parent. The CDE must provide $20,000 annually to the organization to pay attorneys.
CDE must update materials distributed to parents describing the availability of these attorneys and
include this information on the department’s website. The bill is repealed July 1, 2029.
State Expenditures
The bill increases state expenditures in the CDE by $33,260 in FY 2023-24, and by $20,000 in FY 2024-25,
paid from the General Fund. Expenditures are shown in Table 2 and detailed below.
Table 2
Expenditures Under HB 23-1168
FY 2023-24 FY 2024-25
Colorado Department of Education
Translation Services $13,260 -
Contract with Nonprofit Organization $20,000 $20,000
Total Cost $33,260 $20,000
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.
Contract with nonprofit organization. The bill requires $20,000 to be provided by CDE to the selected
nonprofit organization annually, over a period of five years. After five years, unspent money for
attorney fees and other expenses will be remitted to the General Fund.
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.
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March 6, 2023 HB 23-1168
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 an appropriation of $33,260 to the Department of Education, paid
from the General Fund.
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.