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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1095 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1095

 To amend the Individuals with Disabilities Education Act in order to 
 limit the penalties to a State that does not meet its maintenance of 
             effort level of funding to a one-time penalty.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2013

 Mr. Udall of New Mexico (for himself and Mr. Heinrich) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To amend the Individuals with Disabilities Education Act in order to 
 limit the penalties to a State that does not meet its maintenance of 
             effort level of funding to a one-time penalty.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IDEA MOE Adjustment Act''.

SEC. 2. PENALTY LIMITATION.

    Section 612(a)(18) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1412(a)(18)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``The Secretary shall reduce the 
                allocation of funds under section 611 for any fiscal 
                year'' and inserting the following:
                            ``(i) Reduction.--The Secretary shall 
                        reduce the allocation of funds under section 
                        611 for 1 fiscal year''; and
            (2) by adding at the end the following:
                            ``(ii) Distribution of funds.--In any case 
                        where a State's allocation under clause (i) is 
                        reduced, the Secretary shall distribute to all 
                        other States (as that term is defined in 
                        section 611(g)(2)) that were not subject to a 
                        reduction in allocation under such clause, the 
                        amount by which any State's allocation under 
                        section 611(d) was reduced under such clause, 
                        in accordance with subclauses (II) and (III) of 
                        section 611(d)(3)(A)(i) and without regard to 
                        paragraphs (A)(i)(I) and (B) of section 
                        611(d)(3).
                            ``(iii) Use of funds by states.--Each State 
                        that receives additional funds under clause 
                        (ii) shall allocate such funds to local 
                        educational agencies in accordance with section 
                        611(f).
                            ``(iv) No consideration for future years 
                        allocation.--Notwithstanding section 611(d), in 
                        calculating the amounts for allocations under 
                        such section for fiscal year 2013 and all 
                        subsequent years, the Secretary, when 
                        determining the amount a State received under 
                        such section for a preceding fiscal year, shall 
                        not consider--
                                    ``(I) any amount by which a State's 
                                allocation under such section for 
                                fiscal year 2012 or any subsequent year 
                                is reduced under clause (i); and
                                    ``(II) any amount by which a 
                                State's allocation increased, pursuant 
                                to clause (ii), as a result of a 
                                State's reduction in allocation for 
                                fiscal year 2012 or any subsequent 
                                year.''.
                                 <all>
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