III

Calendar No. 823

106TH CONGRESS

2D SESSION S. CON. RES. 135

Recognizing the 25th anniversary of the enactment of the Education for

All Handicapped Children Act of 1975.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 13, 2000

Mr. JEFFORDS (for himself, Mr. KENNEDY, Mr. GREGG, Mr. DODD, Mr.

DEWINE, Mr. HARKIN, Mr. ENZI, Ms. MIKULSKI, Ms. COLLINS, Mr.

BINGAMAN, Mr. HAGEL, Mr. WELLSTONE, Mrs. MURRAY, Mr. REED, Mr.

FRIST, Mr. HUTCHINSON, Mr. SESSIONS, and Mr. BROWNBACK) submitted the following concurrent resolution; which was referred to the

Committee on Health, Education, Labor, and Pensions

SEPTEMBER 21, 2000

Reported by Mr. JEFFORDS, without amendment

CONCURRENT RESOLUTION

Recognizing the 25th anniversary of the enactment of the

Education for All Handicapped Children Act of 1975.

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
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•SCON 135 RS

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
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•SCON 135 RS

services personnel to educational results for that child,

thus improving academic achievement;

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
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•SCON 135 RS

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

1 Resolved by the Senate (the House of Representatives

2 concurring), That the Congress—

3 (1) recognizes the 25th anniversary of the en4 actment of the Education for All Handicapped Chil5 dren Act of 1975 (Public Law 94–142);

6 (2) acknowledges the many and varied contribu7 tions of children with disabilities, their parents,

8 teachers, related services personnel, and administra9 tors; and

10 (3) reaffirms its support for the Individuals

11 with Disabilities Education Act so that all children

12 with disabilities have access to a free appropriate

13 public education.

Calendar No. 823

106TH CONGRESS

2D SESSION S. CON. RES. 135

CONCURRENT RESOLUTION

Recognizing the 25th anniversary of the enactment

of the Education for All Handicapped ChildrenAct of 1975.

SEPTEMBER 21, 2000

Reported without amendment