I 

108TH CONGRESS 

2D SESSION H. R. 3802

To amend part B of the Individuals with Disabilities Education Act to 

provide full Federal funding of such part, to provide an exception to 

the local maintenance of effort requirements, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2004

Mr. BASS (for himself, Mr. BRADLEY of New Hampshire, Mr. FERGUSON, and 

Mr. SIMMONS) introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL

To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part, 

to provide an exception to the local maintenance of effort 

requirements, and for other purposes.

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 ‘‘Mandatory IDEA Full 

5 Funding Compromise Act’’. 
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1 SEC. 2. AMENDMENTS TO IDEA. 

2 (a) FUNDING.—Section 611(j) of the Individuals with 

3 Disabilities Education Act (20 U.S.C. 1411(j)) is amended 

4 to read as follows: 

5 ‘‘(j) FUNDING.—

6 ‘‘(1) IN GENERAL.—For the purpose of car7 rying out this part, other than section 619, there are 

8 authorized to be appropriated—

9 ‘‘(A) $13,574,398,000, or 25.2 percent of 

10 the amount determined under paragraph (2), 

11 whichever is less, for fiscal year 2005, and, 

12 there are hereby appropriated $4,700,000,000, 

13 or 7.6 percent of the amount determined under 

14 paragraph (2), whichever is less, for fiscal year 

15 2005, which shall become available for obliga16 tion on July 1, 2005, and shall remain available 

17 through September 30, 2006; 

18 ‘‘(B) $15,746,302,000, or 28.3 percent of 

19 the amount determined under paragraph (2), 

20 whichever is less, for fiscal year 2006, and, 

21 there are hereby appropriated $6,871,904,000, 

22 or 10.7 percent of the amount determined 

23 under paragraph (2), whichever is less, for fis24 cal year 2006, which shall become available for 

25 obligation on July 1, 2006, and shall remain 

26 available through September 30, 2007; 
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1 ‘‘(C) $17,918,205,000, or 31.2 percent of 

2 the amount determined under paragraph (2), 

3 whichever is less, for fiscal year 2007, and, 

4 there are hereby appropriated $9,043,807,000, 

5 or 13.6 percent of the amount determined 

6 under paragraph (2), whichever is less, for fis7 cal year 2007, which shall become available for 

8 obligation on July 1, 2007, and shall remain 

9 available through September 30, 2008; 

10 ‘‘(D) $20,090,109,000, or 28.3 percent of 

11 the amount determined under paragraph (2), 

12 whichever is less, for fiscal year 2008, and, 

13 there are hereby appropriated $11,215,711,000, 

14 or 16.3 percent of the amount determined 

15 under paragraph (2), whichever is less, for fis16 cal year 2008, which shall become available for 

17 obligation on July 1, 2008, and shall remain 

18 available through September 30, 2009; 

19 ‘‘(E) $22,262,307,000, or 36.4 percent of 

20 the amount determined under paragraph (2), 

21 whichever is less, for fiscal year 2009, and, 

22 there are hereby appropriated $13,387,909,000, 

23 or 18.8 percent of the amount determined 

24 under paragraph (2), whichever is less, for fis25 cal year 2009, which shall become available for 
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1 obligation on July 1, 2009, and shall remain 

2 available through September 30, 2010; 

3 ‘‘(F) $25,198,603,000, or 40 percent of 

4 the amount determined under paragraph (2), 

5 whichever is less, for fiscal year 2010, and, 

6 there are hereby appropriated $16,324,205,000, 

7 or 22.4 percent of the amount determined 

8 under paragraph (2), whichever is less, for fis9 cal year 2010, which shall become available for 

10 obligation on July 1, 2010, and shall remain 

11 available through September 30, 2011; and 

12 ‘‘(G) 40 percent of the amount determined 

13 under paragraph (2) for fiscal year 2011 and 

14 each subsequent fiscal year, and, there are 

15 hereby appropriated 22.4 percent of the amount 

16 determined under paragraph (2) for fiscal year 

17 2011 and each subsequent fiscal year, which 

18 shall become available for obligation (A) with 

19 respect to fiscal year 2011, on July 1, 2011, 

20 and shall remain available through September 

21 30, 2012, and (B) with respect to each subse22 quent fiscal year, on July 1 of that fiscal year 

23 and shall remain available through September 

24 30 of the succeeding fiscal year. 
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1 ‘‘(2) AMOUNT.—The amount referred to in each 

2 of subparagraphs (A) through (G) of paragraph (1) 

3 is the product of—

4 ‘‘(A) the number of children with disabil5 ities in all States who are receiving special edu6 cation and related services—

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

8 eligible for a grant under section 619; and 

9 ‘‘(ii) aged 6 through 21; and 

10 ‘‘(B) the average per-pupil expenditure in 

11 public elementary and secondary schools in the 

12 United States.’’. 

13 (b) EXCEPTION TO THE LOCAL MAINTENANCE OF

14 EFFORT REQUIREMENTS.—Section 613(a)(2)(B) of the 

15 Individuals with Disabilities Education Act (20 U.S.C. 

16 1413(a)(2)(B)) is amended to read as follows: 

17 ‘‘(B) EXCEPTION.—Notwithstanding the 

18 restriction in subparagraph (A)(iii), a local edu19 cational agency may reduce the level of expendi20 tures, for 1 fiscal year at a time, if—

21 ‘‘(i) the State educational agency de22 termines, and the Secretary agrees, that 

23 the local educational agency is in compli24 ance with the requirements of this part 
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1 during that fiscal year (or, if appropriate, 

2 the preceding fiscal year); and 

3 ‘‘(ii) such reduction is—

4 ‘‘(I) attributable to the voluntary 

5 departure, by retirement or otherwise, 

6 or departure for just cause, of special 

7 education personnel; 

8 ‘‘(II) attributable to a decrease in 

9 the enrollment of children with dis10 abilities; 

11 ‘‘(III) attributable to the termi12 nation of the obligation of the agency, 

13 consistent with this part, to provide a 

14 program of special education to a par15 ticular child with a disability that is 

16 an exceptionally costly program, as 

17 determined by the State educational 

18 agency, because the child—

19 ‘‘(aa) has left the jurisdic20 tion of the agency; 

21 ‘‘(bb) has reached the age at 

22 which the obligation of the agen23 cy to provide a free appropriate 

24 public education to the child has 

25 terminated; or 
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1 ‘‘(cc) no longer needs such 

2 program of special education; 

3 ‘‘(IV) attributable to the termi4 nation of costly expenditures for long5 term purchases, such as the acquisi6 tion of equipment or the construction 

7 of school facilities; or 

8 ‘‘(V) equivalent to the amount of 

9 Federal funding the local educational 

10 agency receives under this part for a 

11 fiscal year that exceeds the amount 

12 the agency received under this part 

13 for the preceding fiscal year, but only 

14 if these reduced funds are used for 

15 any activity that may be funded under 

16 the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 6301 

18 et seq.).’’. 

19 (c) REPEAL.—Section 613(a)(2) of the Individuals 

20 with Disabilities Education Act (20 U.S.C. 1413(a)(2)) is 

21 further amended—

22 (1) by striking subparagraph (C); 

23 (2) by redesignating subparagraph (D) as sub24 paragraph (C); and 
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1 (3) in subparagraph (A)(iii), by striking ‘‘para2 graphs (B) and (C)’’ and inserting ‘‘paragraph (B)’’.

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