```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 399 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                         June 16, 1998.
Whereas Pennsylvania Association for Retarded Children v. Commonwealth of 
        Pennsylvania, 334 F. Supp. 1247 (E. Dist. Pa. 1971), and Mills v. Board 
        of Education of the District of Columbia, 348 F. Supp. 866 (Dist. D. C. 
        1972), found that children with disabilities are guaranteed an equal 
        opportunity to an education under the 14th amendment to the 
        Constitution;
Whereas the Congress responded to these court decisions by passing the Education 
        for All Handicapped Children Act of 1975 (enacted as Public Law 94-142), 
        now known as the Individuals with Disabilities Education Act (20 U.S.C. 
        1400 et seq.), to ensure a free, appropriate public education for 
        children with disabilities;
Whereas the Individuals with Disabilities Education Act provides that the 
        Federal, State, and local governments are to share in the expense of 
        educating children with disabilities and authorizes the Federal 
        Government to pay up to 40 percent of the national average per pupil 
        expenditure for children with disabilities;
Whereas the Federal Government has provided only 7, 9, and 11 percent of the 
        maximum State grant allocation for educating children with disabilities 
        under the Individuals with Disabilities Education Act in the last 3 
        years, respectively;
Whereas the national average cost of educating a special education student 
        ($12,002) is more than twice the national average per pupil cost 
        ($5,955);
Whereas research indicates that children who are effectively taught, including 
        effective instruction aimed at acquiring literacy skills, and who 
        receive positive early interventions demonstrate academic progress, and 
        are significantly less likely to be referred to special education;
Whereas, if the appropriation for part B of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1411 et seq.) exceeds $4,100,000,000 for a 
        fiscal year, a local educational agency may reduce its local spending on 
        special education for such fiscal year by an amount equal to 20 percent 
        of the amount that exceeds the prior year's appropriation so long as the 
        local educational agency is not failing to comply with the requirements 
        of part B of such Act, as determined by the State educational agency;
Whereas the Individuals with Disabilities Education Act has been successful in 
        achieving significant increases in the number of children with 
        disabilities who receive a free, appropriate public education; and
Whereas the current level of Federal funding to States and localities under the 
        Individuals with Disabilities Education Act is contrary to the goal of 
        ensuring that children with disabilities receive a quality education: 
        Now, therefore, be it
    Resolved, That the House of Representatives urges the Congress and the 
President, working within the constraints of the balanced budget agreement, to 
give programs under the Individuals with Disabilities Education Act (20 U.S.C. 
1400 et seq.) higher priority among Federal education programs by working to 
fund the maximum State grant allocation for educating children with disabilities 
under such Act.
            Attest:

                                                                          Clerk.
```