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Senate approves limited plan to reimburse Section 504 accommodations for students on autism spectrum after debate on scope and cost

Utah Senate · January 26, 2017
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Summary

The Senate passed Senate Bill 61 to reimburse local education agencies for certain Section 504 accommodations for students on the autism spectrum after debate over private-school reimbursement and fiscal impact. An amendment to reimburse private-school parents was withdrawn; vote was 25–1, 3 absent.

The Utah Senate passed Senate Bill 61, a measure to begin state reimbursement for Section 504 accommodations for students on the autism spectrum, after extended debate over legal limits and fiscal impact. The bill passed on a roll-call vote of 25 yeas, 1 nay and 3 absent.

Sponsor Senator Davis, speaking to the Senate, said the measure is intended to "begin looking at what the cost of 504s are to our local school districts" and to give the Legislature data on expense before broader expansion. "We do not reimburse parents for the cost of their child's education," Davis said in floor remarks as he cautioned about constitutional and statutory limits on reimbursing private-school tuition.

During the floor session a public amendment (Amendment No. 2) was offered that would have allowed the State Board of Education to reimburse parents of private-school students with 504 plans for tuition or services paid by the parent. The mover identified the amendment on the record and noted its text was posted online. Supporters framed the change as consistent with the Carson Smith scholarship model, which sends funds to parents rather than to schools; a sponsor said "Under the Carson Smith Scholarship Program, the funding follows the student," and that principle informed the amendment.

Opponents raised legal and fiscal concerns. Senator Hilliard called attention to the bill's fiscal implications, saying the current fiscal note showed a $441,000 cost for the first year and estimated "almost $2,000,000 a year ongoing" if expanded. Senator Davis and others said the right place for any expansion to private-school reimbursement would be an amendment to the Carson Smith statute rather than in this bill. After debate the sponsor of Amendment No. 2 withdrew the motion to amend.

With the amendment withdrawn, floor debate continued on the underlying bill and its limited scope focused on students with autism spectrum disorders and data gathering. Senator Davis said the bill was intended as an incremental step toward understanding 504 costs and that broader adjustments could follow with further study. The Senate adopted the bill and ordered it sent to the House for consideration.

What happens next: SB61 will proceed to the House. The record shows the bill passed the Senate with the stated vote tally; no additional amendments were adopted in the Senate.