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107TH CONGRESS

1ST SESSION H. R. 1829

To amend the Individuals with Disabilities Education Act to provide full

funding for assistance for education of all children with disabilities.

IN THE HOUSE OF REPRESENTATIVES

MAY 15, 2001

Mr. LARSON of Connecticut (for himself, Mr. STUPAK, Mr. CAPUANO, Mr.

FILNER, Ms. LEE, Mr. HONDA, and Mr. WYNN) introduced the following

bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the Individuals with Disabilities Education Act

to provide full funding for assistance for education of

all children with disabilities.

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 ‘‘Full Funding for

5 IDEA Now Act of 2001’’.

6 SEC. 2. PURPOSE.

7 The purpose of this Act is to attain the Federal Gov8 ernment’s goal under part B of the Individuals with Dis9 abilities Education Act (20 U.S.C. 1411 et seq.) of pro-
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1 viding 40 percent of the national current average per pupil

2 expenditure to assist States and local educational agencies

3 with the excess costs of educating children with disabilities

4 and to make such funding mandatory.

5 SEC. 3. AMOUNT OF GRANT FOR STATES UNDER PART B OF

6 THE INDIVIDUALS WITH DISABILITIES EDU7 CATION ACT.

8 (a) IN GENERAL.—Section 611(a) of the Individuals

9 with Disabilities Education Act (20 U.S.C. 1411(a)) is

10 amended—

11 (1) by redesignating paragraph (2) as para12 graph (4); and

13 (2) by inserting after paragraph (1) the fol14 lowing:

15 ‘‘(2) MINIMUM AMOUNTS.—The minimum

16 amount of the grant a State is entitled to receive

17 under this section for a fiscal year is—

18 ‘‘(A) the number of children with disabil19 ities in the State who are receiving special edu20 cation and related services—

21 ‘‘(i) aged 3 through 5 if the State is

22 eligible for a grant under section 619; and

23 ‘‘(ii) aged 6 through 21; multiplied by
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1 ‘‘(B) 40 percent of the average current

2 per-pupil expenditure in public elementary and

3 secondary schools in the United States.

4 ‘‘(3) NO INDIVIDUAL ENTITLEMENT.—Para5 graph (2) shall not be interpreted to entitle any indi6 vidual to assistance under any State program,

7 project, or activity funded under this part.’’.

8 (b) CONFORMING AMENDMENTS.—(1) Section 611 of

9 the Individuals with Disabilities Education Act (20 U.S.C.

10 1411) is amended by striking subsection (j).

11 (2) Section 611 of the Individuals with Disabilities

12 Education Act (20 U.S.C. 1411), as amended by para13 graph (1), is further amended—

14 (A) in subsection (b)(1), by striking ‘‘From the

15 amount appropriated for any fiscal year under sub16 section (j), the Secretary shall reserve not more than

17 one percent, which shall be used’’ and inserting

18 ‘‘From the amount available for any fiscal year to

19 carry out this part (other than section 619), the

20 Secretary shall use not more than one percent’’;

21 (B) in subsection (c), by striking ‘‘From the

22 amount appropriated for any fiscal year under sub23 section (j), the Secretary shall reserve’’ and inserting

24 ‘‘From the amount available for any fiscal year to
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1 carry out this part (other than section 619), the

2 Secretary shall use’’;

3 (C) in subsection (d)—

4 (i) in paragraph (1)—

5 (I) by striking ‘‘(1) IN GENERAL.—’’;

6 and

7 (II) by striking ‘‘paragraph (2) or

8 subsection (e), as the case may be’’ and in9 serting ‘‘subsection (e)’’; and

10 (ii) by striking paragraph (2);

11 (D) in subsection (e)—

12 (i) in the heading, by striking ‘‘PERMA13 NENT’’;

14 (ii) in paragraph (1)—

15 (I) by striking ‘‘subsection (d)(1)’’

16 and inserting ‘‘subsection (d)’’; and

17 (II) by inserting after ‘‘subsection (j)’’

18 the following: ‘‘(as such subsection was in

19 effect on the day before the date of the en20 actment of the Mandatory IDEA Full

21 Funding Act of 2001)’’; and

22 (iii) in paragraph (3)(B)—

23 (I) in clause (ii)—

24 (aa) in subclause (I)(bb), by

25 striking ‘‘amount appropriated under
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1 subsection (j)’’ and inserting ‘‘amount

2 available to carry out this part (other

3 than section 619)’’;

4 (bb) in subclause (II)(bb), by

5 striking ‘‘appropriated’’ and inserting

6 ‘‘available’’; and

7 (cc) in subclause (III)(bb), by

8 striking ‘‘appropriated’’ and inserting

9 ‘‘available’’; and

10 (II) in clause (iii)(II), by striking ‘‘ap11 propriated’’ and inserting ‘‘available’’;

12 (E) in subsection (g)—

13 (i) in paragraph (2)—

14 (I) by striking subparagraph (A);

15 (II) by striking ‘‘(B) PERMANENT

16 PROCEDURE.—’’;

17 (III) by redesignating clauses (i) and

18 (ii) and subclauses (I) and (II) as subpara19 graphs (A) and (B) and clauses (i) and

20 (ii), respectively; and

21 (IV) in subparagraph (B) (as redesig22 nated), by striking ‘‘clause (i)’’ and insert23 ing ‘‘subparagraph (A)’’; and

24 (ii) in paragraph (3)(A)—
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1 (i) in clause (i)(I), by striking ‘‘appro2 priated’’ and inserting ‘‘available’’;

3 (ii) in clause (ii), by striking ‘‘appro4 priated’’ and inserting ‘‘available’’; and

5 (F) in subsection (i)(3)(A), by striking ‘‘appro6 priated under subsection (j)’’ and inserting ‘‘avail7 able to carry out this part (other than section 619)’’.

8 (c) EFFECTIVE DATE.—The amendments made by

9 this section shall take effect on October 1, 2001.

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