II 

117TH CONGRESS 

1ST SESSION S. 240 

To support children with disabilities during the COVID–19 pandemic. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 4, 2021 

Mr. MURPHY (for himself, Ms. HASSAN, and Mr. VAN HOLLEN) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

A BILL 

To support children with disabilities during the COVID– 

19 pandemic. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Supporting Children 

5 with Disabilities During COVID–19 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) A free appropriate public education is a 

9 fundamental educational right of all children with 

10 disabilities, guaranteed by the Rehabilitation Act of 


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1 1973 (29 U.S.C. 701 et seq.) and the Individuals 

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

3 seq.). 

4 (2) More than 7,000,000 school-aged children 

5 with disabilities, approximately 13 percent of the 

6 total student enrollment, are currently entitled to in7 dividualized education and related services mandated 

8 by the Individuals with Disabilities Education Act. 

9 (3) Nearly 500,000 infants and toddlers, as 

10 well as their families, receive supports and services 

11 under the Individuals with Disabilities Education 

12 Act and these early interventions have been proven 

13 to improve education outcomes. 

14 (4) Under the Individuals with Disabilities Edu15 cation Act, schools and lead agencies responsible for 

16 the administration of funds under part C of the In17 dividuals with Disabilities Education Act (20 U.S.C. 

18 1431 et seq.) (referred to in this Act as ‘‘lead agen19 cies’’) are required to provide early intervention, spe20 cial education, and related services to children with 

21 disabilities, an obligation that requires services out22 lined in a child’s individualized family service plan 

23 (referred to as an ‘‘IFSP’’) or individualized edu24 cation program (referred to as an ‘‘IEP’’). 


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1 (5) Children with disabilities have been dis2 proportionately impacted by the disruptions to edu3 cation resulting from the COVID–19 pandemic, with 

4 many children with disabilities needing additional 

5 supports and services to meet their IEP and IFSP 

6 goals as the delivery of education and services has 

7 shifted from in-person to remote formats. 

8 (6) Local educational agencies and lead agen9 cies face extra costs associated with adjusting serv10 ices and continuing to provide a free, appropriate 

11 public education while children with disabilities are 

12 receiving services through distance learning and re13 mote service delivery. 

14 (7) Schools are facing unprecedented budget 

15 challenges due to the rising costs of responding to 

16 COVID–19, coupled with State and local revenue 

17 shortfalls, as well as the severe and persistent under18 funding of the Individuals with Disabilities Edu19 cation Act. 

20 (8) To ensure that schools and lead agencies 

21 continue to meet the needs of children with disabil22 ities and their families, including providing trained 

23 and certified special educators and education sup24 port specialists, emergency supplemental funding is 


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1 needed under the Individuals with Disabilities Edu2 cation Act. 

3 (9) Emergency supplemental funding is also 

4 needed under the Assistive Technology Act of 1998 

5 (29 U.S.C. 3001 et seq.) because services provided 

6 under that Act help ensure that students with dis7 abilities have the technology devices and services 

8 they need to access equal educational opportunities. 

9 SEC. 3. SUPPLEMENTAL APPROPRIATIONS. 

10 (a) IN GENERAL.—The following sums are appro11 priated, out of any money in the Treasury not otherwise 

12 appropriated, for the fiscal year ending September 30, 

13 2021: 

14 (1) $11,000,000,000 for grants to States under 

15 section 611 of the Individuals with Disabilities Edu16 cation Act (20 U.S.C. 1411 et seq.). 

17 (2) For early childhood education programs— 

18 (A) $400,000,000 for preschool grants 

19 under section 619 of the Individuals with Dis20 abilities Education Act (20 U.S.C. 1419); and 

21 (B) $500,000,000 for programs for infants 

22 and toddlers under part C of the Individuals 

23 with Disabilities Education Act (20 U.S.C. 

24 1431 et seq.). 


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1 (3) $300,000,000 for personnel development 

2 under section 662 of the Individuals with Disabilities 

3 Education Act (20 U.S.C. 1462). 

4 (4) $55,000,000 for the Assistive Technology 

5 Act of 1998 (29 U.S.C. 3001 et seq.). 

6 (b) EMERGENCY DESIGNATION.— 

7 (1) IN GENERAL.—The amounts provided by 

8 this section are designated as an emergency require9 ment pursuant to section 4(g) of the Statutory Pay10 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 

11 (2) DESIGNATION IN SENATE.—In the Senate, 

12 this Act is designated as an emergency requirement 

13 pursuant to section 4112(a) of H. Con. Res. 71 

14 (115th Congress), the concurrent resolution on the 

15 budget for fiscal year 2018. 

16 (c) APPLICABILITY OF ALL TERMS AND CONDI17 TIONS.—All terms and conditions that apply to a program 

18 under the Individuals with Disabilities Education Act (20 

19 U.S.C. 1400 et seq.) or the Assistive Technology Act of 

20 1998 (29 U.S.C. 3001 et seq.), as the case may be, shall 

21 apply with respect to support provided for the program 

22 through funds made available under subsection (a). 

23 (d) GENERAL PROVISIONS.—Any amount appro24 priated under this section is in addition to other amounts 

25 appropriated or made available for the applicable purpose. 


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1 SEC. 4. REPORTING. 

2 (a) IDEA FUNDS.— 

3 (1) IN GENERAL.—Recipients of funds made 

4 available under this Act for activities authorized 

5 under the Individuals with Disabilities Education 

6 Act shall separately account for, and report on, how 

7 such funds are spent in accordance with this section. 

8 (2) LEAS.—Not later than 1 year after the dis9 tribution of funds under this Act, local educational 

10 agencies shall report the use of funds appropriated 

11 in this Act to their respective State educational 

12 agencies. 

13 (3) SEAS.—Not later than 1 year after the dis14 tribution of funds under this Act, State educational 

15 agencies shall produce a publicly available report 

16 that contains information about such spending by 

17 each local educational agency in the State and ag18 gregate spending of local educational agencies in the 

19 State by allowable uses under Individuals with Dis20 abilities Education Act. Each State educational 

21 agency shall make that report available in an acces22 sible manner on the website of the State educational 

23 agency and submit the report to the Secretary of 

24 Education. 

25 (4) LEAD AGENCY.—Not later than 1 year after 

26 the distribution of funds under this Act, each lead 


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1 agency responsible for the administration of funds 

2 provided under part C of the Individuals with Dis3 abilities Education Act (20 U.S.C. 1431 et seq.) 

4 shall prepare and submit to the Secretary of Edu5 cation a report that contains information about how 

6 the lead agency spent funds appropriated under this 

7 Act. 

8 (5) SECRETARY OF EDUCATION.—The Sec9 retary of Education shall release a nationally rep10 resentative report on expenditures under this Act 

11 and send such report to the Committee on Appro12 priations and the Committee on Health, Education, 

13 Labor, and Pensions of the Senate and the Com14 mittee on Appropriations and the Committee on 

15 Education and Labor of the House of Representa16 tives. Not later than 1 year after the distribution of 

17 funds under this Act, the Secretary of Education’s 

18 report shall be placed on the Department of Edu19 cation’s website in an accessible format. 

20 (b) ASSISTIVE TECHNOLOGY ACT OF 1998.— 

21 (1) IN GENERAL.—Recipients of funds made 

22 available under this Act for activities authorized 

23 under the Assistive Technology Act of 1998 (29 

24 U.S.C. 3001 et seq.) shall separately account for, 


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1 and report on, how such funds are spent in accord2 ance with this subsection. 

3 (2) SECRETARY OF HEALTH AND HUMAN SERV4 ICES.—Not later than 1 year after the distribution 

5 of funds under this Act, the Secretary of Health and 

6 Human Services shall release a nationally represent7 ative report on expenditures made available under 

8 this Act for activities authorized under the Assistive 

9 Technology Act of 1998. 

Æ 


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