III 

109TH CONGRESS 

1ST SESSION S. RES. 328 

Recognizing the 30th anniversary of the enactment of the Education for 

All Handicapped Children Act of 1975 and reaffirming the commitment 

of Congress to the Individuals with Disabilities Education Act so that 

all children with disabilities receive a free appropriate public education 

in the least restrictive environment. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2005 

Mr. ENZI (for himself, Mr. KENNEDY, Mr. ROBERTS, Mr. REED, Mr. BURR, 

Mr. JEFFORDS, Mr. GREGG, Mrs. MURRAY, Mr. HATCH, Mrs. CLINTON, 

Mr. DEWINE, Mr. BINGAMAN, Ms. MIKULSKI, Mr. HARKIN, and Mr. 

DODD) submitted the following resolution; which was referred to the 

Committee on Health, Education, Labor, and Pensions 

RESOLUTION 

Recognizing the 30th anniversary of the enactment of the 

Education for All Handicapped Children Act of 1975 

and reaffirming the commitment of Congress to the Individuals with Disabilities Education Act so that all children with disabilities receive a free appropriate public 

education in the least restrictive environment. 

Whereas the Education for All Handicapped Children Act of 

1975 (Public Law 94–142) was signed into law 30 years 

ago on November 29, 1975, and amended the State grant 

program under part B of the Education of the Handicapped Act; 
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•SRES 328 IS

Whereas the Education for All Handicapped Children Act of 

1975 established the Federal priority 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 

aged 3 through 5 and an early intervention program for 

infants and toddlers with disabilities under 3 years of age 

and their families; 

Whereas the Education of the Handicapped Act Amendments 

of 1990 (Public Law 101–476) renamed the Education 

of the Handicapped Act as the Individuals with Disabilities Education Act (referred to in this resolution as 

‘‘IDEA’’) (20 U.S.C. 1400 et seq.); 

Whereas IDEA currently serves an estimated 269,000 infants 

and toddlers, 679,000 preschoolers, and 6,000,000 children aged 6 to 21; 

Whereas IDEA has helped reduce 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 with standard diplomas has grown significantly since the enactment of IDEA; 

Whereas more students with disabilities are participating in 

national and State testing programs, and graduation 

rates for students with disabilities are continuously rising, since the enactment of IDEA; 
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•SRES 328 IS

Whereas the number of children with disabilities who enroll 

in college as freshmen has more than tripled since the enactment of IDEA; 

Whereas IDEA promotes partnerships between parents of 

children with disabilities and education professionals in 

the design and implementation of the special education 

and related services provided to children with disabilities; 

Whereas the integration of students with disabilities in the 

classroom, learning alongside their peers without disabilities, has heightened the Nation’s awareness of the needs 

and capabilities of students with disabilities; 

Whereas the Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108–446) reauthorizes 

IDEA and ensures that children with disabilities are 

guaranteed a quality education based on the high academic standards required under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), 

as amended by the No Child Left Behind Act of 2001 

(Public Law 107–110); 

Whereas the Individuals with Disabilities Education Improvement Act of 2004 strengthens IDEA’s focus on the educational results of children with disabilities and better 

prepares those children for further education beyond high 

school or employment; 

Whereas the Individuals with Disabilities Education Improvement Act of 2004 further enables special education 

teachers, related services providers, other educators, and 

State and local educational agencies to focus on promoting the academic and functional achievement of children with disabilities; 
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•SRES 328 IS

Whereas the Individuals with Disabilities Education Improvement Act of 2004 places a new priority on providing students with disabilities with positive behavioral supports 

through school-wide interventions; 

Whereas the Individuals with Disabilities Education Improvement Act of 2004 enables students with disabilities, 

through the power of technology, to achieve better educational outcomes and enhance independent living skills; 

Whereas the Individuals with Disabilities Education Improvement Act of 2004 protects the procedural safeguards that 

guarantee the rights of children with disabilities to a free 

and appropriate public education while establishing mechanisms for parents and schools to resolve disagreements 

about educational planning and the implementation of 

such planning, thus reducing unnecessary litigation; 

Whereas the Individuals with Disabilities Education Improvement Act of 2004 continues to ensure that all students 

with disabilities receive the services and supports necessary in order to achieve positive educational outcomes 

in both public and private educational settings; 

Whereas the Individuals with Disabilities Education Improvement Act of 2004 ensures that the vast majority of 

IDEA funds will go directly to the classroom and provides States and local educational agencies additional 

flexibility to provide for the costs of educating high need 

children with disabilities; 

Whereas IDEA has supported, through its discretionary programs, 3 decades of research, demonstration, and personnel preparation in effective practices for educating 

children with disabilities, enabling teachers, related serv-
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•SRES 328 IS

ices providers, and other educators to effectively meet the 

educational and developmental needs of all children; 

Whereas Federal and State governments support effective, research-based practices in the classroom to ensure appropriate services and supports for children with disabilities; 

and 

Whereas IDEA continues to marshal the resources of this 

Nation to implement the promise of full participation in 

society for children with disabilities: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) recognizes the 30th anniversary of the en3 actment of the Education for All Handicapped Chil4 dren Act of 1975 (Public Law 94–142); 

5 (2) acknowledges the many and varied contribu6 tions of children with disabilities and their parents, 

7 teachers, related services providers, and other edu8 cators; and 

9 (3) reaffirms the commitment of Congress to 

10 the Individuals with Disabilities Education Act (20 

11 U.S.C. 1400 et seq.) so that all children with dis12 abilities receive a free appropriate public education. 

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