III 

111TH CONGRESS 

2D SESSION H. CON. RES. 329 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2010 

Received and referred to the Committee on Health, Education, Labor, and 

Pensions 

CONCURRENT RESOLUTION 

Recognizing the 35th 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), which amended the State 

grant program under part B of the Education of the 

Handicapped Act (Public Law 91–230), was enacted into 

law 35 years ago on November 29, 1975; 

Whereas the Education for All Handicapped Children Act of 

1975 established the Federal policy of ensuring 


tjames on DSKG8SOYB1PROD with BILLS
2 

HCON 329 RFS 

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 of 1975 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 the IDEA was amended in 1997 to ensure children 

with disabilities are involved, and make progress, in the 

general education curriculum and are included in all general State and district-wide assessment programs; 

Whereas IDEA was amended in 2004 to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education 

and related services designed to meet their unique needs 

and support them in transitioning to further education, 

employment, and independent living; 

Whereas IDEA currently serves an estimated 342,000 infants 

and toddlers, 709,000 preschoolers, and 5,890,000 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 that are away from their 

families, costly, inappropriate, and isolated; 


tjames on DSKG8SOYB1PROD with BILLS
3 

HCON 329 RFS 

Whereas the number of children with disabilities who complete high school with a standard diploma 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 and 2004 

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; 

Whereas IDEA, along with the Elementary and Secondary 

Education Act of 1965, holds schools accountable for the 

academic performance of students with disabilities; 

Whereas IDEA requires 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 appropriaVerDate Mar 15 2010 05:22 Nov 19, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HC329.RFS HC329

tjames on DSKG8SOYB1PROD with BILLS
4 

HCON 329 RFS 

tion by 81 percent since 2001, which is an increase of 

over $5,160,000,000; 

Whereas IDEA has supported, through its discretionary programs, more than 4 decades of research, demonstration, 

and training in effective practices for educating and assessing children with disabilities, enabling teachers, related services personnel, and administrators to effectively 

meet the instructional and assessment needs of children 

with disabilities of all ages; 

Whereas the challenges associated with providing a free appropriate public education to every child with a disability 

continue despite 35 years of IDEA implementation, including low expectations and an insufficient focus on applying replicable research on proven methods of teaching 

and learning for children with disabilities, requiring a 

continued commitment to improvement; and 

Whereas IDEA continues to serve as the framework to marshal 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 House of Representatives (the Senate 

2 concurring), That the Congress— 

3 (1) recognizes the 35th 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 and their parents, 

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


tjames on DSKG8SOYB1PROD with BILLS
5 

HCON 329 RFS 

1 (3) reaffirms its support for the Individuals 

2 with Disabilities Education Act (20 U.S.C. 1400 et 

3 seq.) so that all children with disabilities have— 

4 (A) access to a free appropriate public edu5 cation; and 

6 (B) an equal opportunity to benefit from 

7 the general education curriculum and be pre8 pared for further education, employment, and 

9 independent living. 

Passed the House of Representatives November 18, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


tjames on DSKG8SOYB1PROD with BILLS