III

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 guaran-
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teed 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
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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

1 Resolved by the House of Representatives (the Senate

2 concurring), That—

3 (1) the Congress and the President—
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1 (A) should, working within the constraints

2 of the balanced budget agreement, give pro3 grams under the Individuals with Disabilities

4 Education Act (20 U.S.C. 1400 et seq.) the

5 highest priority among Federal elementary and

6 secondary education programs by meeting the

7 commitment to fund the maximum State grant

8 allocation for educating children with disabil9 ities under such Act prior to authorizing or ap10 propriating funds for any new education initia11 tive; and

12 (B) should meet the commitment described

13 in subparagraph (A) while retaining the com14 mitment to fund existing Federal education pro15 grams that increase student achievement; and

16 (2) if a local educational agency chooses to uti17 lize the authority under section 613(a)(2)(C)(i) of

18 the Individuals with Disabilities Education Act to

19 treat as local funds up to 20 percent of the amount

20 of funds the agency receives under part B of such

21 Act that exceeds the amount it received under that

22 part for the previous fiscal year, then the agency

23 should use those local funds to provide additional
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1 funding for any Federal, State, or local education

2 program.

Passed the House of Representatives May 4, 1999.

Attest: JEFF TRANDAHL,

Clerk.