I 

114TH CONGRESS 

1ST SESSION H. R. 4028 

To amend the Individuals with Disabilities Education Act to direct the Secretary to provide additional funds to States to establish and make disbursements from high cost funds. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2015 

Mr. HUFFMAN (for himself and Mr. DESAULNIER) introduced the following 

bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Individuals with Disabilities Education Act 

to direct the Secretary to provide additional funds to 

States to establish and make disbursements from high 

cost funds. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘IDEA High Cost Pool 

5 Funding Act’’. 


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1 SEC. 2. ADDITIONAL AMOUNTS FOR HIGH COST FUNDS. 

2 Section 611(e)(3) of the Individuals with Disabilities 

3 Education Act (20 U.S.C. 1411(e)(3)) is amended by add4 ing at the end the following: 

5 ‘‘(J) ADDITIONAL AMOUNTS FOR HIGH

6 COST FUNDS.— 

7 ‘‘(i) IN GENERAL.—From the funds 

8 appropriated to carry out this subpara9 graph, the Secretary shall award grants to 

10 each State (without regard to whether the 

11 State has reserved funds under subpara12 graph (A)(i)), to carry out the activities 

13 described in subparagraph (A)(i) in accord14 ance with the State plan published pursu15 ant to subparagraph (C) (as amended or 

16 developed pursuant to clause (v) of this 

17 subparagraph), and the other terms and 

18 conditions of this paragraph with respect 

19 to funds reserved under subparagraph 

20 (A)(i), except that a State, to establish and 

21 support a high cost fund, may not use 

22 more than— 

23 ‘‘(I) 5 percent of the amount of 

24 a grant received under this subpara25 graph in the first year; and 


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1 ‘‘(II) 2 percent of such amount 

2 in each subsequent year. 

3 ‘‘(ii) GRANT AMOUNT.— 

4 ‘‘(I) IN GENERAL.—A grant 

5 awarded to a State under this sub6 paragraph shall be in an amount 

7 equal to 5 percent of the State’s allo8 cation under subsection (d) for the 

9 fiscal year for which the grant is 

10 awarded, except that no State shall 

11 receive a grant amount that is less 

12 than 5 percent of the State’s alloca13 tion under subsection (d) for fiscal 

14 year 2010. 

15 ‘‘(II) RATABLE REDUCTION.—If 

16 the amounts appropriated for any fis17 cal year to carry out this subpara18 graph are insufficient to pay the full 

19 amounts that all States are eligible to 

20 receive under this subparagraph for 

21 such year, then the Secretary shall 

22 ratably reduce the payments to all 

23 such States for such year. 

24 ‘‘(iii) REALLOTMENT.—If a State does 

25 not apply for a grant this subparagraph 


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1 for any fiscal year, or if the State does not 

2 meet the requirements of this subpara3 graph, the Secretary shall reallot such 

4 amount to the remaining States in accord5 ance with this subparagraph. 

6 ‘‘(iv) MATCHING FUNDS.—To receive 

7 a grant under this subparagraph, a State 

8 shall provide— 

9 ‘‘(I) non-Federal matching funds 

10 for the cost of the activities for which 

11 the grant is awarded in an amount 

12 that is not less than 25 percent of the 

13 amount of the grant; or 

14 ‘‘(II) an assurance to the Sec15 retary that the State will use an 

16 amount of non-Federal funds that is 

17 not less than 25 percent of the 

18 amount of the grant to carry out ac19 tivities similar to the activities de20 scribed in subparagraph (A)(i) during 

21 the grant period of the grant awarded 

22 to the State. 

23 ‘‘(v) STATE PLANS.—To receive a 

24 grant under this subparagraph, a State 

25 shall— 


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1 ‘‘(I) in the case of a State that 

2 has published a State plan pursuant 

3 to subparagraph (C), amend the State 

4 plan to include any information that 

5 the Secretary may require for the 

6 State to receive a grant under this 

7 subparagraph; and 

8 ‘‘(II) in the case of a State that 

9 has not published a State plan pursu10 ant to subparagraph (C), develop and 

11 publish a State plan pursuant to sub12 paragraph (C), which includes any in13 formation that the Secretary may re14 quire for the State to receive a grant 

15 under this subparagraph. 

16 ‘‘(vi) WAIVER.—A State desiring a 

17 grant under this subparagraph to use in 

18 accordance with clause (i), but requiring a 

19 waiver of any provision of this subpara20 graph due to an aspect of State govern21 mental structure that is incompatible with 

22 this subparagraph, may request such a 

23 waiver as part of its State plan under sub24 paragraph (C). 


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1 ‘‘(K) ANNUAL REPORTING.—Not later 

2 than 1 year after the first grant is awarded 

3 under subparagraph (J), and annually there4 after, the Secretary shall submit to the Com5 mittee on Education and the Workforce of the 

6 House of Representatives and the Committee 

7 on Health, Education, Labor, and Pensions of 

8 the Senate, a report on the effectiveness of dis9 bursements made from high cost funds for the 

10 most recent fiscal year, which shall include— 

11 ‘‘(i) the amount of grant funds award12 ed to each State under subparagraph (J); 

13 ‘‘(ii) the number of States that re14 ceived a waiver pursuant to subparagraph 

15 (J)(vi); 

16 ‘‘(iii) an identification of each State 

17 that did not receive a grant under sub18 paragraph (J), but made disbursements 

19 from a high cost fund established under 

20 subparagraph (A)(i) solely using the funds 

21 the State reserved pursuant to subpara22 graph (A)(i); and 

23 ‘‘(iv) an identification of each State 

24 that did not receive a grant under sub25 paragraph (J), but made disbursements 


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1 from a high cost fund similar to a high 

2 cost fund established under subparagraph 

3 (A)(i) solely using non-Federal funds.’’. 

Æ 


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