I

107TH CONGRESS

1ST SESSION H. R. 214

To authorize appropriations for part B of the Individuals with Disabilities

Education Act to achieve full funding for part B of that Act by 2006.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 2001

Mr. TANCREDO introduced the following bill; which was referred to the

Committee on Education and the Workforce

A BILL

To authorize appropriations for part B of the Individuals

with Disabilities Education Act to achieve full funding

for part B of that Act by 2006.

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 ‘‘Keeping Our Promises

5 to Special Education Act of 2001’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) The Education for All Handicapped Chil9 dren Act of 1975 (Public Law 94–142) was enacted

10 to provide a free and quality education to children
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1 with disabilities. In enacting this unfunded mandate

2 on the States and localities, the Federal government

3 pledged to contribute 40 percent of the average per

4 pupil expenditure of educating children with disabil5 ities.

6 (2) Under that Act and its successor Act, the

7 Individuals with Disabilities Education Act (20

8 U.S.C. 1400 et seq.), the Federal government has

9 fallen far short of meeting such contribution, pro10 viding only 11 or 12 percent of the average per pupil

11 expenditure of educating children with disabilities.

12 (3) Without this critical contribution from the

13 Federal Government, States and local educational

14 agencies have been forced to divert funds from other

15 important programs to meet the mandate of the In16 dividuals with Disabilities Education Act.

17 (4) The Federal government should first and

18 foremost fulfill its long-standing obligation under the

19 Individuals with Disabilities Education Act to con20 tribute 40 percent of the average per pupil expendi21 ture of educating children with disabilities. By pro22 viding such contribution, local educational agencies

23 will be able to provide more funding for local special

24 education services or other priorities, such as im25 proving school technology and hiring more teachers.
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1 SEC. 3. PURPOSE.

2 It is the purpose of this Act to reach the Federal Gov3 ernment’s goal under part B of the Individuals with Dis4 abilities Education Act (20 U.S.C. 1411 et seq.) of pro5 viding 40 percent of the national average per pupil ex6 penditure to assist States and local educational agencies

7 with the excess costs of educating children with disabil8 ities.

9 SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR PART B

10 OF THE INDIVIDUALS WITH DISABILITIES

11 EDUCATION ACT.

12 Notwithstanding section 611(j) of the Individuals

13 with Disabilities Education Act (20 U.S.C. 1412(j)), for

14 the purpose of carrying out part B of such Act, other than

15 section 619, there are authorized to be appropriated—

16 (1) $9,000,000,000 for fiscal year 2002;

17 (2) $12,000,000,000 for fiscal year 2003;

18 (3) $15,000,000,000 for fiscal year 2004;

19 (4) $18,000,000,000 for fiscal year 2005;

20 (5) $21,000,000,000 for fiscal year 2006; and

21 (6) such sums as may be necessary for each

22 subsequent fiscal year.

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