Illinois General Assembly - Bill Status for HB6813
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 Bill Status of HB6813  93rd General Assembly


House Sponsors
Rep. James D. Brosnahan - John A. Fritchey - Kevin A. McCarthy, Lou Lang, Karen A. Yarbrough, Kevin Joyce and Harry Osterman

Last Action
DateChamber Action
  1/11/2005HouseSession Sine Die

Statutes Amended In Order of Appearance
105 ILCS 5/14-8.02a

Synopsis As Introduced
Amends the Children with Disabilities Article of the School Code. Provides that a parent or guardian who is a prevailing party in an impartial due process hearing or a civil action may recover reasonable attorney's fees and costs from an opposing party (now, the school district is liable for attorney's fees only if the district willfully disregards applicable regulations or statutes and that disregard is detrimental to the child). Effective immediately.

House Committee Amendment No. 1
Removes the provision that requires an action to recover attorney's fees and costs to be brought within 30 days.

House Committee Amendment No. 2
Adds reference to:
30 ILCS 805/8.28 new

Amends the State Mandates Act to require implementation without reimbursement.

 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.

DateChamber Action
  2/9/2004HouseFiled with the Clerk by Rep. James D. Brosnahan
  2/9/2004HouseFirst Reading
  2/9/2004HouseReferred to Rules Committee
  2/19/2004HouseAssigned to Judiciary I - Civil Law Committee
  2/24/2004HouseAdded Co-Sponsor Rep. Lou Lang
  2/25/2004HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  2/25/2004HouseHouse Committee Amendment No. 2 Filed with Clerk by Judiciary I - Civil Law Committee
  2/25/2004HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/25/2004HouseHouse Committee Amendment No. 2 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/25/2004HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 015-001-003
  2/25/2004HousePlaced on Calendar 2nd Reading - Short Debate
  2/25/2004HouseAdded Chief Co-Sponsor Rep. John A. Fritchey
  2/26/2004HouseAdded Chief Co-Sponsor Rep. Robin Kelly
  2/27/2004HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  3/2/2004HouseSecond Reading - Short Debate
  3/2/2004HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/9/2004HouseAdded Co-Sponsor Rep. Kevin Joyce
  3/24/2004HouseSponsor Removed Rep. Robin Kelly
  3/25/2004HouseFiscal Note Filed As Amended by HA 1,2
  3/25/2004HouseState Mandates Fiscal Note Filed As Amended by HA 1,2
  3/26/2004HouseAdded Chief Co-Sponsor Rep. Kevin A. McCarthy
  4/2/2004HouseRule 19(a) / Re-referred to Rules Committee
  4/29/2004HouseAdded Co-Sponsor Rep. Harry Osterman
  1/11/2005HouseSession Sine Die

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