I

106TH CONGRESS

2D SESSION H. R. 5180

To amend the Individuals with Disabilities Education Act to provide full

funding for assistance for education of all children with disabilities.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 14, 2000

Mr. BASS (for himself, Mr. FRANKS of New Jersey, Mr. HORN, Mrs.

MORELLA, and Mr. BEREUTER) 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 provide full funding for assistance for education of

all children with disabilities.

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 ‘‘Mandatory IDEA Full

5 Funding Act of 2000’’.

6 SEC. 2. PURPOSE.

7 The purpose of this Act is to attain the Federal Gov8 ernment’s goal under part B of the Individuals with Dis9 abilities Education Act (20 U.S.C. 1411 et seq.) of pro-
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1 viding 40 percent of the national current average per pupil

2 expenditure to assist States and local educational agencies

3 with the excess costs of educating children with disabilities

4 and to make such funding mandatory.

5 SEC. 3. AMOUNT OF GRANT FOR STATES UNDER PART B OF

6 THE INDIVIDUALS WITH DISABILITIES EDU7 CATION ACT.

8 (a) IN GENERAL.—Section 611(a) of the Individuals

9 with Disabilities Education Act (20 U.S.C. 1411(a)) is

10 amended—

11 (1) by redesignating paragraph (2) as para12 graph (3); and

13 (2) by inserting after paragraph (1) the fol14 lowing:

15 ‘‘(2) MINIMUM AMOUNTS.—The minimum

16 amount of the grant a State shall receive under this

17 section is—

18 ‘‘(A) the number of children with disabil19 ities in the State who are receiving special edu20 cation and related services—

21 ‘‘(i) aged 3 through 5 if the State is

22 eligible for a grant under section 619; and

23 ‘‘(ii) aged 6 through 21; multiplied by

24 ‘‘(B) the following percentages of the aver25 age current per-pupil expenditure in public ele-
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1 mentary and secondary schools in the United

2 States for the following fiscal years:

3 ‘‘(i) 20 percent for fiscal year 2002;

4 ‘‘(ii) 25 percent for fiscal year 2003;

5 ‘‘(iii) 30 percent for fiscal year 2004;

6 ‘‘(iv) 35 percent for fiscal year 2005;

7 and

8 ‘‘(v) 40 percent for fiscal year 2006

9 and each subsequent fiscal year.’’.

10 (b) CONFORMING AMENDMENTS.—(1) Section 611 of

11 the Individuals with Disabilities Education Act (20 U.S.C.

12 1411) is amended by striking subsection (j).

13 (2) Section 611 of the Individuals with Disabilities

14 Education Act (20 U.S.C. 1411), as amended by para15 graph (1), is further amended—

16 (A) in subsection (b)(1), by striking ‘‘From the

17 amount appropriated for any fiscal year under sub18 section (j), the Secretary shall reserve not more than

19 one percent, which shall be used’’ and inserting

20 ‘‘From the amount available for any fiscal year to

21 carry out this part (other than section 619), the

22 Secretary shall use not more than one percent’’;

23 (B) in subsection (c), by striking ‘‘From the

24 amount appropriated for any fiscal year under sub25 section (j), the Secretary shall reserve’’ and inserting
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1 ‘‘From the amount available for any fiscal year to

2 carry out this part (other than section 619), the

3 Secretary shall use’’;

4 (C) in subsection (d)—

5 (i) in paragraph (1)—

6 (I) by striking ‘‘(1) IN GENERAL.—’’;

7 and

8 (II) by striking ‘‘paragraph (2) or

9 subsection (e), as the case may be’’ and in10 serting ‘‘subsection (e)’’; and

11 (ii) by striking paragraph (2);

12 (D) in subsection (e)—

13 (i) in the heading, by striking ‘‘PERMA14 NENT’’;

15 (ii) in paragraph (1)—

16 (I) by striking ‘‘subsection (d)(1)’’

17 and inserting ‘‘subsection (d)’’; and

18 (II) by inserting after ‘‘subsection (j)’’

19 the following: ‘‘(as such subsection was in

20 effect on the day before the date of the en21 actment of the Mandatory IDEA Full

22 Funding Act of 2000)’’; and

23 (iii) in paragraph (3)(B)—

24 (I) in clause (ii)—
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1 (aa) in subclause (I)(bb), by

2 striking ‘‘amount appropriated under

3 subsection (j)’’ and inserting ‘‘amount

4 available to carry out this part (other

5 than section 619)’’;

6 (bb) in subclause (II)(bb), by

7 striking ‘‘appropriated’’ and inserting

8 ‘‘available’’; and

9 (cc) in subclause (III)(bb), by

10 striking ‘‘appropriated’’ and inserting

11 ‘‘available’’; and

12 (II) in clause (iii)(II), by striking ‘‘ap13 propriated’’ and inserting ‘‘available’’;

14 (E) in subsection (g)—

15 (i) in paragraph (2)—

16 (I) by striking subparagraph (A);

17 (II) by striking ‘‘(B) PERMANENT

18 PROCEDURE.—’’;

19 (III) by redesignating clauses (i) and

20 (ii) and subclauses (I) and (II) as subpara21 graphs (A) and (B) and clauses (i) and

22 (ii), respectively; and

23 (IV) in subparagraph (B) (as redesig24 nated), by striking ‘‘clause (i)’’ and insert25 ing ‘‘subparagraph (A)’’; and
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1 (ii) in paragraph (3)(A)—

2 (i) in clause (i)(I), by striking ‘‘appro3 priated’’ and inserting ‘‘available’’;

4 (ii) in clause (ii), by striking ‘‘appro5 priated’’ and inserting ‘‘available’’; and

6 (F) in subsection (i)(3)(A), by striking ‘‘appro7 priated under subsection (j)’’ and inserting ‘‘avail8 able to carry out this part (other than section 619)’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall take effect on October 1, 2001.

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