CASPER, Wyo. — The Wyoming House of Representatives passed a bill on third reading during their Monday, Feb. 17 floor session which would remove a spending cap on special education.
The bill passed 42-16 on third reading (vote of individual representatives listed below). The bill will now move to the Senate for consideration.
While still in the House, the bill sparked discussion about what areas the state should look to to curb overall spending.
“These are the most vulnerable kids in our community,” House District 34 Representative Tim Salazar said during second reading. “We need to fully fund special education.”
House District 20 Representative Albert Sommers proposed an amendment during second reading of the bill which would maintain a cap on spending, but allow that cap to grow at a rate of 1% annually. His amendment would have also set aside $2.5 million to cover special education costs in excess of the cap.
That amendment failed with House District 13 Representative Cathy Connolly saying that a cap on special education “honestly doesn’t make sense” and that legislators have a “have a “moral obligation to meet the needs of these students.”
House District 54 Representative Lloyd Larsen voted against the bill on third reading. He had been in favor of the approach that would have maintained the spending cap, but with the rated annual increases.
“We won’t [be able to] stop the growth of special education but we have certainly got to do some things to control the growth [of spending],” he said during second reading.
House District 60 Representative John Freeman said during discussion of the amendment that Wyoming’s special education spending has helped the state avoid litigation.
“I think it is important to realize that Wyoming is the least litigated special ed state in the nation,” he said. “I think that is because we have funded it at 100%. Our special ed providers and the school districts have been very cautious and aware of what is going on. We did cap special ed and did put a $2 million fund that would cover anything that would come up. “
“That $2 million was going to be eaten up by out of district placement. The overruns would have consumed the whole $2 million. They have to provide services for their students or they are liable to be litigated.”
House District 09 Representative Landon Brown opposed the amendment saying that curbing special education funding in order to meet the state’s budget challenges was not the right approach.
“That’s not what we want to do,” Brown said. “This cap is hurting these districts. We gave the time to go in and find the efficiencies. I think we want to pass this bill as is.”
House District 31 Representative Scott Clem said he was in favor of maintaining a spending cap.
“Imagine capping other education areas,” Clem said, saying that doing so could encourage districts to find efficiencies in other areas.
House District 07 Representative Sue Wilson said during the second reading that about 40 years ago in the healthcare field she recalled doctors being able to bill people without anyone seriously questioning the accuracy of those billing costs.
“I’m in favor of this amendment and, frankly, I think it is great,” she said. “Thinking back 40 years ago…doctors would send in the bill and people would pay it.”
She said that since that time, insurance companies and other changes in the healthcare system have caused medical providers to find ways to provide some services at more reasonable billing rates. Wilson suggested maintaining the cap on special education funding would have a similar effect.
House District 37 Representative and House Speaker Steve Harshman was in favor of removing the cap, but against the second reading amendment.
“To give some perspective on this issue of special education, this is highly regulated,” he said.
Harshman noted that school districts are authorized to spend money in specific ways on special education based on students’ “individualized education programs.”
He also said that the percentage of special education students has hovered around 13% of the Wyoming student population for the last 20 years, saying a myth exists that there is an influx of more and more students being identified with special education needs.
Further details of the proposed legislation are available online.
Third reading House votes on the bill were as follows:
- Ayes: BARLOW, BLAKE, BROWN, BURLINGAME, CLIFFORD, CONNOLLY, CRANK, DAYTON-SELMAN, DUNCAN, EKLUND, EYRE, FLITNER, FREEMAN, FURPHY, HALEY, HENDERSON, HUNT, KINNER, HARSHMAN, KIRKBRIDE, LINDHOLM, MACGUIRE, MILLER, NEWSOME, NICHOLAS, OBERMUELLER, OLSEN, PAXTON, PELKEY, PIIPARINEN, POWNALL, ROSCOE, SALAZAR, SCHWARTZ, SIMPSON, SOMMERS, STITH, SWEENEY, WALTERS, WASHUT, WINTER, YIN
- Nays: BLACKBURN, BURKHART, CLAUSEN, CLEM, EDWARDS, GRAY, GREEAR, HALLINAN, JENNINGS, LARSEN LLOYD, LAURSEN DAN, LOUCKS, STYVAR, TASS, WILSON, ZWONITZER
- Excused: NORTHRUP, WESTERN
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