Senators Whitmer, Cherry, Clark-Coleman, Jacobs, Scott and Brater, under their constitutional right of protest
(Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1421.
Senator Whitmer's statement, in which Senators Cherry, Clark-Coleman, Jacobs, Scott and Brater concurred, is as
I agree that it could be valuable to have a school psychologist participate in the development of educational
development plans for students who receive special education services. I mean it would be valuable to have a school
psychologist involved in all decisions for all the children. Unfortunately, not every school has a school psychologist.
I understand the sponsor's argument that this is language that was inadvertently repealed earlier this session.
Nonetheless, it was repealed, and inserting it now represents a new unfunded mandate, even if you want to call it
The Legislative Commission on Statutory Mandates specifically pointed to statutory increases in services to
special education students as a violation of the Headlee Amendment. The state has already lost two court cases, the
Durant case and the Adair case, pertaining to unfunded mandates on school districts. I don't believe it's prudent to
go down that path again, and thus, I voted "no" on Senate Bill No. 1421.