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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 84 Referred in Senate (RFS)]

  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
H. CON. RES. 84

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 5, 1999

Received and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
    Urging the Congress and the President to fully fund the Federal 
    Government's obligation under the Individuals with Disabilities 
                             Education Act.

Whereas all children deserve a quality education, including children with 
        disabilities;
Whereas Pennsylvania Association for Retarded Children v. Commonwealth of 
        Pennsylvania, 334 F. Supp. 1247 (E. Dist. Pa. 1971), and Mills v. Board 
        of Education of the District of Columbia, 348 F. Supp. 866 (Dist. D. C. 
        1972), found that children with disabilities are guaranteed an equal 
        opportunity to an education under the 14th amendment to the 
        Constitution;
Whereas the Congress responded to these court decisions by passing the Education 
        for All Handicapped Children Act of 1975 (enacted as Public Law 94-142), 
        now known as the Individuals with Disabilities Education Act (20 U.S.C. 
        1400 et seq.), to ensure a free, appropriate public education for 
        children with disabilities;
Whereas the Individuals with Disabilities Education Act provides that the 
        Federal, State, and local governments are to share in the expense of 
        educating children with disabilities and commits the Federal Government 
        to pay up to 40 percent of the national average per pupil expenditure 
        for children with disabilities;
Whereas the Federal Government has provided only 9, 11, and 12 percent of the 
        maximum State grant allocation for educating children with disabilities 
        under the Individuals with Disabilities Education Act in the last 3 
        years, respectively;
Whereas the national average cost of educating a special education student 
        ($13,323) is more than twice the national average per pupil cost 
        ($6,140);
Whereas research indicates that children who are effectively taught, including 
        effective instruction aimed at acquiring literacy skills, and who 
        receive positive early interventions demonstrate academic progress, and 
        are significantly less likely to be referred to special education;
Whereas the high cost of educating children with disabilities and the Federal 
        Government's failure to fully meet its obligation under the Individuals 
        with Disabilities Education Act stretches limited State and local 
        education funds, creating difficulty in providing a quality education to 
        all students, including children with disabilities;
Whereas, if the appropriation for part B of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1411 et seq.) exceeds $4,924,672,200 for a 
        fiscal year, the State funding formula will shift from one based solely 
        on the number of children with disabilities in the State to one based on 
        85 percent of the children ages 3 to 21 living in the State and 15 
        percent based on children living in poverty in the State, enabling 
        States to undertake good practices for addressing the learning needs of 
        more children in the regular education classroom and reduce over 
        identification of children who may not need to be referred to special 
        education;
Whereas the Individuals with Disabilities Education Act has been successful in 
        achieving significant increases in the number of children with 
        disabilities who receive a free, appropriate public education;
Whereas the current level of Federal funding to States and localities under the 
        Individuals with Disabilities Education Act is contrary to the goal of 
        ensuring that children with disabilities receive a quality education; 
        and
Whereas the Federal Government has failed to appropriate 40 percent of the 
        national average per pupil expenditure per child with a disability as 
        required under the Individuals with Disabilities Education Act to assist 
        States and localities to educate children with disabilities: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That--
            (1) the Congress and the President--
                    (A) should, working within the constraints of the 
                balanced budget agreement, give programs under the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.) the highest priority among Federal 
                elementary and secondary education programs by meeting 
                the commitment to fund the maximum State grant 
                allocation for educating children with disabilities 
                under such Act prior to authorizing or appropriating 
                funds for any new education initiative; and
                    (B) should meet the commitment described in 
                subparagraph (A) while retaining the commitment to fund 
                existing Federal education programs that increase 
                student achievement; and
            (2) if a local educational agency chooses to utilize the 
        authority under section 613(a)(2)(C)(i) of the Individuals with 
        Disabilities Education Act to treat as local funds up to 20 
        percent of the amount of funds the agency receives under part B 
        of such Act that exceeds the amount it received under that part 
        for the previous fiscal year, then the agency should use those 
        local funds to provide additional funding for any Federal, 
        State, or local education program.

            Passed the House of Representatives May 4, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
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