II 

117TH CONGRESS 

1ST SESSION S. 72 

To require full funding of part A of title I of the Elementary and Secondary 

Education Act of 1965 and the Individuals with Disabilities Education Act. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 27, 2021 

Mr. VAN HOLLEN (for himself, Mr. MERKLEY, Mr. REED, Mr. MARKEY, Mr. 

CARDIN, Ms. SMITH, Mr. BLUMENTHAL, Mr. BROWN, Mr. DURBIN, Mr. 

BOOKER, Mr. MURPHY, Ms. KLOBUCHAR, Mr. LUJA ́N, Mr. TESTER, Ms. 

WARREN, Ms. BALDWIN, Ms. ROSEN, Mrs. GILLIBRAND, and Ms. 

DUCKWORTH) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To require full funding of part A of title I of the Elementary 

and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act. 

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 ‘‘Keep Our Promise to 

5 America’s Children and Teachers Act’’ or the ‘‘Keep Our 

6 PACT Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) Children are our Nation’s future and great2 est treasure. 

3 (2) A high-quality education is the surest way 

4 for every child to reach his or her full potential. 

5 (3) The coronavirus pandemic has amplified the 

6 deep funding inequities that exist in our education 

7 system. 

8 (4) Part A of title I of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 6311 et 

10 seq.) helps address inequity in education in school 

11 districts across the United States to provide a high12 quality education to every student. 

13 (5) The Individuals with Disabilities Education 

14 Act (20 U.S.C. 1400 et seq.) guarantees all children 

15 with disabilities a first-rate education. 

16 (6) The amendments made to such Act by the 

17 Individuals with Disabilities Education Improvement 

18 Act of 2004 (Public Law 108–446; 118 Stat. 2647) 

19 committed Congress to providing 40 percent of the 

20 national current average per-pupil expenditure for 

21 students with disabilities. 

22 (7) A promise made must be a promise kept. 


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1 SEC. 3. MANDATORY FUNDING OF PART A OF TITLE I OF 

2 ESEA. 

3 (a) DEFINITION OF FISCAL YEAR 2021 PART A OF

4 TITLE I APPROPRIATION.—In this section, the term ‘‘fis5 cal year 2021 part A of title I appropriation’’ means the 

6 amount appropriated for fiscal year 2021 for programs 

7 under part A of title I of the Elementary and Secondary 

8 Education Act of 1965 (20 U.S.C. 6311 et seq.). 

9 (b) FUNDING.—There are appropriated, out of any 

10 money in the Treasury not otherwise appropriated— 

11 (1) for fiscal year 2022, an amount that equals 

12 the difference between— 

13 (A) the fiscal year 2021 part A of title I 

14 appropriation; and 

15 (B) $18,325,069,000 or the full amount 

16 authorized to be appropriated for the fiscal year 

17 for those programs, whichever is greater; 

18 (2) for fiscal year 2023, an amount that equals 

19 the difference between— 

20 (A) the fiscal year 2021 part A of title I 

21 appropriation; and 

22 (B) $20,306,717,000 or the full amount 

23 authorized to be appropriated for the fiscal year 

24 for those programs, whichever is greater; 

25 (3) for fiscal year 2024, an amount that equals 

26 the difference between— 


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1 (A) the fiscal year 2021 part A of title I 

2 appropriation; and 

3 (B) $22,502,657,000 or the full amount 

4 authorized to be appropriated for the fiscal year 

5 for those programs, whichever is greater; 

6 (4) for fiscal year 2025, an amount that equals 

7 the difference between— 

8 (A) the fiscal year 2021 part A of title I 

9 appropriation; and 

10 (B) $24,936,064,000 or the full amount 

11 authorized to be appropriated for the fiscal year 

12 for those programs, whichever is greater; 

13 (5) for fiscal year 2026, an amount that equals 

14 the difference between— 

15 (A) the fiscal year 2021 part A of title I 

16 appropriation; and 

17 (B) $27,632,615,000 or the full amount 

18 authorized to be appropriated for the fiscal year 

19 for those programs, whichever is greater; 

20 (6) for fiscal year 2027, an amount that equals 

21 the difference between— 

22 (A) the fiscal year 2021 part A of title I 

23 appropriation; and 


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1 (B) $30,620,768,000 or the full amount 

2 authorized to be appropriated for the fiscal year 

3 for those programs, whichever is greater; 

4 (7) for fiscal year 2028, an amount that equals 

5 the difference between— 

6 (A) the fiscal year 2021 part A of title I 

7 appropriation; and 

8 (B) $33,932,056,000 or the full amount 

9 authorized to be appropriated for the fiscal year 

10 for those programs, whichever is greater; 

11 (8) for fiscal year 2029, an amount that equals 

12 the difference between— 

13 (A) the fiscal year 2021 part A of title I 

14 appropriation; and 

15 (B) $37,601,422,000 or the full amount 

16 authorized to be appropriated for the fiscal year 

17 for those programs, whichever is greater; 

18 (9) for fiscal year 2030, an amount that equals 

19 the difference between— 

20 (A) the fiscal year 2021 part A of title I 

21 appropriation; and 

22 (B) $41,667,588,000 or the full amount 

23 authorized to be appropriated for the fiscal year 

24 for those programs, whichever is greater; and 


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1 (10) for fiscal year 2031, $46,173,464,000 or 

2 the full amount authorized to be appropriated for 

3 the fiscal year for those programs, whichever is 

4 greater. 

5 SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH 

6 DISABILITIES EDUCATION ACT. 

7 Section 611(i) of the Individuals with Disabilities 

8 Education Act (20 U.S.C. 1411(i)) is amended to read 

9 as follows: 

10 ‘‘(i) FUNDING.— 

11 ‘‘(1) IN GENERAL.—For the purpose of car12 rying out this part, other than section 619, there are 

13 authorized to be appropriated— 

14 ‘‘(A) $14,723,530,000 or 15.3 percent of 

15 the amount determined under paragraph (2), 

16 whichever is greater, for fiscal year 2022, and 

17 there are hereby appropriated $1,786,072,756 

18 or 1.9 percent of the amount determined under 

19 paragraph (2), whichever is greater, for fiscal 

20 year 2022, which shall become available for ob21 ligation on July 1, 2022, and shall remain 

22 available through September 30, 2023; 

23 ‘‘(B) $16,756,178,000 or 17.0 percent of 

24 the amount determined under paragraph (2), 

25 whichever is greater, for fiscal year 2023, and 


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1 there are hereby appropriated $3,818,720,700 

2 or 3.9 percent of the amount determined under 

3 paragraph (2), whichever is greater, for fiscal 

4 year 2023, which shall become available for ob5 ligation on July 1, 2023, and shall remain 

6 available through September 30, 2024; 

7 ‘‘(C) $19,069,442,000 or 18.9 percent of 

8 the amount determined under paragraph (2), 

9 whichever is greater, for fiscal year 2024, and 

10 there are hereby appropriated $6,131,984,620 

11 or 6.1 percent of the amount determined under 

12 paragraph (2), whichever is greater, for fiscal 

13 year 2024, which shall become available for ob14 ligation on July 1, 2024, and shall remain 

15 available through September 30, 2025; 

16 ‘‘(D) $21,702,062,000 or 21.1 percent of 

17 the amount determined under paragraph (2), 

18 whichever is greater, for fiscal year 2025, and 

19 there are hereby appropriated $8,764,604,783 

20 or 8.5 percent of the amount determined under 

21 paragraph (2), whichever is greater, for fiscal 

22 year 2025, which shall become available for ob23 ligation on July 1, 2025, and shall remain 

24 available through September 30, 2026; 


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1 ‘‘(E) $24,698,127,000 or 23.4 percent of 

2 the amount determined under paragraph (2), 

3 whichever is greater, for fiscal year 2026, and 

4 there are hereby appropriated $11,760,669,721 

5 or 11.2 percent of the amount determined 

6 under paragraph (2), whichever is greater, for 

7 fiscal year 2026, which shall become available 

8 for obligation on July 1, 2026, and shall remain 

9 available through September 30, 2027; 

10 ‘‘(F) $28,107,812,000 or 26.1 percent of 

11 the amount determined under paragraph (2), 

12 whichever is greater, for fiscal year 2027, and 

13 there are hereby appropriated $15,170,354,582 

14 or 14.1 percent of the amount determined 

15 under paragraph (2), whichever is greater, for 

16 fiscal year 2027, which shall become available 

17 for obligation on July 1, 2027, and shall remain 

18 available through September 30, 2028; 

19 ‘‘(G) $31,988,218,000 or 29.0 percent of 

20 the amount determined under paragraph (2), 

21 whichever is greater, for fiscal year 2028, and 

22 there are hereby appropriated $19,050,761,411 

23 or 17.3 percent of the amount determined 

24 under paragraph (2), whichever is greater, for 

25 fiscal year 2028, which shall become available 


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1 for obligation on July 1, 2028, and shall remain 

2 available through September 30, 2029; 

3 ‘‘(H) $36,404,332,000 or 32.3 percent of 

4 the amount determined under paragraph (2), 

5 whichever is greater, for fiscal year 2029, and 

6 there are hereby appropriated $23,466,875,446 

7 or 20.8 percent of the amount determined 

8 under paragraph (2), whichever is greater, for 

9 fiscal year 2029, which shall become available 

10 for obligation on July 1, 2029, and shall remain 

11 available through September 30, 2030; 

12 ‘‘(I) $41,430,110,000 or 35.9 percent of 

13 the amount determined under paragraph (2), 

14 whichever is greater, for fiscal year 2030, and 

15 there are hereby appropriated $28,492,653,417 

16 or 24.7 percent of the amount determined 

17 under paragraph (2), whichever is greater, for 

18 fiscal year 2030, which shall become available 

19 for obligation on July 1, 2030, and shall remain 

20 available through September 30, 2031; and 

21 ‘‘(J) $47,149,719,000 or 40 percent of the 

22 amount determined under paragraph (2), 

23 whichever is greater, for fiscal year 2031 and 

24 each subsequent fiscal year, and there are here25 by appropriated $47,149,719,000 or 40 percent 


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1 of the amount determined under paragraph (2), 

2 whichever is greater, for fiscal year 2031 and 

3 each subsequent fiscal year, which— 

4 ‘‘(i) shall become available for obliga5 tion with respect to fiscal year 2031 on 

6 July 1, 2031, and shall remain available 

7 through September 30, 2032; and 

8 ‘‘(ii) shall become available for obliga9 tion with respect to each subsequent fiscal 

10 year on July 1 of that fiscal year and shall 

11 remain available through September 30 of 

12 the succeeding fiscal year. 

13 ‘‘(2) AMOUNT.—With respect to each subpara14 graph of paragraph (1), the amount determined 

15 under this paragraph is the product of— 

16 ‘‘(A) the total number of children with dis17 abilities in all States who— 

18 ‘‘(i) received special education and re19 lated services during the last school year 

20 that concluded before the first day of the 

21 fiscal year for which the determination is 

22 made; and 

23 ‘‘(ii) were aged— 


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1 ‘‘(I) 3 through 5 (with respect to 

2 the States that were eligible for 

3 grants under section 619); and 

4 ‘‘(II) 6 through 21; and 

5 ‘‘(B) the average per-pupil expenditure in 

6 public elementary schools and secondary schools 

7 in the United States.’’. 

Æ 


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