H. Con. Res. 399 Agreed to October 4, 2000

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

Concurrent Resolution

Whereas the Education for All Handicapped Children Act of 1975

(Public Law 94–142) was signed into law 25 years ago on

November 29, 1975, and amended the State grant program under

part B of the Education of the Handicapped Act;

Whereas the Education for All Handicapped Children Act of 1975

established the Federal policy of ensuring that all children,

regardless of the nature or severity of their disability, have available to them a free appropriate public education in the least

restrictive environment;

Whereas the Education of the Handicapped Act was further

amended by the Education of the Handicapped Act Amendments

of 1986 (Public Law 99–457) to create a preschool grant program

for children with disabilities 3 to 5 years of age and an early

intervention program for infants and toddlers with disabilities

from birth through age 2;

Whereas the Education of the Handicapped Act Amendments of

1990 (Public Law 101–476) renamed the statute as the Individuals with Disabilities Education Act (IDEA);

Whereas IDEA currently serves an estimated 200,000 infants and

toddlers, 600,000 preschoolers, and 5,400,000 children 6 to 21

years of age;

Whereas IDEA has assisted in a dramatic reduction in the number

of children with developmental disabilities who must live in State

institutions away from their families;

Whereas the number of children with disabilities who complete

high school has grown significantly since the enactment of IDEA;

Whereas the number of children with disabilities who enroll in

college as freshmen has more than tripled since the enactment

of IDEA;

Whereas IDEA has raised the Nation’s expectations about the abilities of children with disabilities by requiring access to the general

education curriculum;

Whereas improvements to IDEA made in 1997 changed the focus

of a child’s individualized education program from procedural

requirements placed upon teachers and related services personnel

to educational results for that child, thus improving academic

achievement;
H. Con. Res. 399—2

Whereas changes made in 1997 also addressed the need to implement behavioral assessments and intervention strategies for children whose behavior impedes learning to ensure that they receive

appropriate supports in order to receive a quality education;

Whereas IDEA ensures full partnership between parents of children

with disabilities and education professionals in the design and

implementation of the educational services provided to children

with disabilities;

Whereas IDEA has supported the classrooms of this Nation by

providing Federal resources to the States and local schools to

help meet their obligation to educate all children with disabilities;

Whereas, while the Federal Government has not yet met its commitment to fund part B of IDEA at 40 percent of the average

per pupil expenditure, it has made significant increases in part

B funding by increasing the appropriation by 115 percent since

1995, which is an increase of over $2,600,000,000;

Whereas the 1997 amendments to IDEA increased the amount

of Federal funds that have a direct impact on students through

improvements such as capping allowable State administrative

expenses, which ensures that nearly 99 percent of funding

increases directly reach local schools, and requiring mediation

upon request by parents in order to reduce costly litigation;

Whereas such amendments also ensured that students whose

schools cannot serve them appropriately and students who choose

to attend private, parochial, and charter schools have greater

access to free appropriate services outside of traditional public

schools;

Whereas IDEA has supported, through its discretionary programs,

more than two decades of research, demonstration, and training

in effective practices for educating children with disabilities,

enabling teachers, related services personnel, and administrators

effectively to meet the instructional needs of children with disabilities of all ages;

Whereas Federal and State governments can support effective practices in the classroom to ensure appropriate and effective services

for children with disabilities; and

Whereas IDEA has succeeded in marshalling the resources of this

Nation to implement the promise of full participation in society

of children with disabilities: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Congress—

(1) recognizes the 25th anniversary of the enactment of

the Education for All Handicapped Children Act of 1975 (Public

Law 94–142);

(2) acknowledges the many and varied contributions of

children with disabilities, their parents, teachers, related services personnel, and administrators; and
H. Con. Res. 399—3

(3) reaffirms its support for the Individuals with Disabilities Education Act so that all children with disabilities have

access to a free appropriate public education.

Attest:

Clerk of the House of Representatives.

Attest:

Secretary of the Senate.