II 

116TH CONGRESS 

1ST SESSION S. 1172 

To require full funding of part A of title I of the Elementary and Secondary 

Education Act of 1965 and the Individuals with Disabilities Education Act. 

IN THE SENATE OF THE UNITED STATES 

APRIL 11, 2019 

Mr. VAN HOLLEN (for himself, Mr. REED, Mrs. GILLIBRAND, Mr. MERKLEY, 

Ms. KLOBUCHAR, Ms. HARRIS, Mr. BLUMENTHAL, Ms. SMITH, Mr. 

BOOKER, Ms. WARREN, Mr. BROWN, and Mr. CARDIN) introduced the 

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

Health, Education, Labor, and Pensions 

A BILL 

To require full funding of part A of title I of the Elementary 

and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act. 

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 ‘‘Keep Our Promise to 

5 America’s Children and Teachers Act’’ or the ‘‘Keep Our 

6 PACT Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) Children are our Nation’s future and great2 est treasure. 

3 (2) A high-quality education is the surest way 

4 for every child to reach his or her full potential. 

5 (3) Part A of title I of the Elementary and Sec6 ondary Education Act of 1965 (20 U.S.C. 6311 et 

7 seq.) helps address inequity in education in school 

8 districts across the United States to provide a high9 quality education to every student. 

10 (4) The Individuals with Disabilities Education 

11 Act (20 U.S.C. 1400 et seq.) guarantees all children 

12 with disabilities a first-rate education. 

13 (5) The amendments made to such Act by the 

14 Individuals with Disabilities Education Improvement 

15 Act of 2004 (Public Law 108–446; 118 Stat. 2647) 

16 committed Congress to providing 40 percent of the 

17 national current average per-pupil expenditure for 

18 students with disabilities. 

19 (6) A promise made must be a promise kept. 

20 SEC. 3. MANDATORY FUNDING OF PART A OF TITLE I OF 

21 ESEA. 

22 (a) DEFINITION OF FISCAL YEAR 2019 PART A OF

23 TITLE I APPROPRIATION.—In this section, the term ‘‘fis24 cal year 2019 part A of title I appropriation’’ means the 

25 amount appropriated for fiscal year 2019 for programs 


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1 under part A of title I of the Elementary and Secondary 

2 Education Act of 1965 (20 U.S.C. 6311 et seq.). 

3 (b) FUNDING.—There are appropriated, out of any 

4 money in the Treasury not otherwise appropriated— 

5 (1) for fiscal year 2020, an amount that equals 

6 the difference between— 

7 (A) the fiscal year 2019 part A of title I 

8 appropriation; and 

9 (B) $17,649,171,000 or the full amount 

10 authorized to be appropriated for the fiscal year 

11 for those programs, whichever is greater; 

12 (2) for fiscal year 2021, an amount that equals 

13 the difference between— 

14 (A) the fiscal year 2019 part A of title I 

15 appropriation; and 

16 (B) $19,640,424,000 or the full amount 

17 authorized to be appropriated for the fiscal year 

18 for those programs, whichever is greater; 

19 (3) for fiscal year 2022, an amount that equals 

20 the difference between— 

21 (A) the fiscal year 2019 part A of title I 

22 appropriation; and 

23 (B) $21,856,338,000 or the full amount 

24 authorized to be appropriated for the fiscal year 

25 for those programs, whichever is greater; 


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1 (4) for fiscal year 2023, an amount that equals 

2 the difference between— 

3 (A) the fiscal year 2019 part A of title I 

4 appropriation; and 

5 (B) $24,322,261,000 or the full amount 

6 authorized to be appropriated for the fiscal year 

7 for those programs, whichever is greater; 

8 (5) for fiscal year 2024, an amount that equals 

9 the difference between— 

10 (A) the fiscal year 2019 part A of title I 

11 appropriation; and 

12 (B) $27,066,400,000 or the full amount 

13 authorized to be appropriated for the fiscal year 

14 for those programs, whichever is greater; 

15 (6) for fiscal year 2025, an amount that equals 

16 the difference between— 

17 (A) the fiscal year 2019 part A of title I 

18 appropriation; and 

19 (B) $30,120,143,000 or the full amount 

20 authorized to be appropriated for the fiscal year 

21 for those programs, whichever is greater; 

22 (7) for fiscal year 2026, an amount that equals 

23 the difference between— 

24 (A) the fiscal year 2019 part A of title I 

25 appropriation; and 


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1 (B) $33,518,423,000 or the full amount 

2 authorized to be appropriated for the fiscal year 

3 for those programs, whichever is greater; 

4 (8) for fiscal year 2027, an amount that equals 

5 the difference between— 

6 (A) the fiscal year 2019 part A of title I 

7 appropriation; and 

8 (B) $37,300,111,000 or the full amount 

9 authorized to be appropriated for the fiscal year 

10 for those programs, whichever is greater; 

11 (9) for fiscal year 2028, an amount that equals 

12 the difference between— 

13 (A) the fiscal year 2019 part A of title I 

14 appropriation; and 

15 (B) $41,508,465,000 or the full amount 

16 authorized to be appropriated for the fiscal year 

17 for those programs, whichever is greater; and 

18 (10) for fiscal year 2029, $46,191,622,000 or 

19 the full amount authorized to be appropriated for 

20 the fiscal year for those programs, whichever is 

21 greater. 


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1 SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH 

2 DISABILITIES EDUCATION ACT. 

3 Section 611(i) of the Individuals with Disabilities 

4 Education Act (20 U.S.C. 1411(i)) is amended to read 

5 as follows: 

6 ‘‘(i) FUNDING.— 

7 ‘‘(1) IN GENERAL.—For the purpose of car8 rying out this part, other than section 619, there are 

9 authorized to be appropriated— 

10 ‘‘(A) $14,036,427,000 or 16.2 percent of 

11 the amount determined under paragraph (2), 

12 whichever is greater, for fiscal year 2020, and 

13 there are hereby appropriated $1,651,792,000 

14 or 1.9 percent of the amount determined under 

15 paragraph (2), whichever is greater, for fiscal 

16 year 2020, which shall become available for ob17 ligation on July 1, 2020, and shall remain 

18 available through September 30, 2021; 

19 ‘‘(B) $15,908,525,000 or 17.9 percent of 

20 the amount determined under paragraph (2), 

21 whichever is greater, for fiscal year 2021, and 

22 there are hereby appropriated $3,523,890,000 

23 or 3.9 percent of the amount determined under 

24 paragraph (2), whichever is greater, for fiscal 

25 year 2021, which shall become available for obVerDate Sep 11 2014 18:30 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1172.IS S1172

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1 ligation on July 1, 2021, and shall remain 

2 available through September 30, 2022; 

3 ‘‘(C) $18,030,313,000 or 19.8 percent of 

4 the amount determined under paragraph (2), 

5 whichever is greater, for fiscal year 2022, and 

6 there are hereby appropriated $5,645,678,000 

7 or 6.1 percent of the amount determined under 

8 paragraph (2), whichever is greater, for fiscal 

9 year 2022, which shall become available for ob10 ligation on July 1, 2022, and shall remain 

11 available through September 30, 2023; 

12 ‘‘(D) $20,435,093,000 or 21.9 percent of 

13 the amount determined under paragraph (2), 

14 whichever is greater, for fiscal year 2023, and 

15 there are hereby appropriated $8,050,458,000 

16 or 8.5 percent of the amount determined under 

17 paragraph (2), whichever is greater, for fiscal 

18 year 2023, which shall become available for ob19 ligation on July 1, 2023, and shall remain 

20 available through September 30, 2024; 

21 ‘‘(E) $23,160,608,000 or 24.2 percent of 

22 the amount determined under paragraph (2), 

23 whichever is greater, for fiscal year 2024, and 

24 there are hereby appropriated $10,775,973,000 

25 or 11.1 percent of the amount determined 


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1 under paragraph (2), whichever is greater, for 

2 fiscal year 2024, which shall become available 

3 for obligation on July 1, 2024, and shall remain 

4 available through September 30, 2025; 

5 ‘‘(F) $26,249,637,000 or 26.8 percent of 

6 the amount determined under paragraph (2), 

7 whichever is greater, for fiscal year 2025, and 

8 there are hereby appropriated $13,865,003,000 

9 or 14 percent of the amount determined under 

10 paragraph (2), whichever is greater, for fiscal 

11 year 2025, which shall become available for ob12 ligation on July 1, 2025, and shall remain 

13 available through September 30, 2026; 

14 ‘‘(G) $29,750,664,000 or 29.6 percent of 

15 the amount determined under paragraph (2), 

16 whichever is greater, for fiscal year 2026, and 

17 there are hereby appropriated $17,366,029,000 

18 or 17.2 percent of the amount determined 

19 under paragraph (2), whichever is greater, for 

20 fiscal year 2026, which shall become available 

21 for obligation on July 1, 2026, and shall remain 

22 available through September 30, 2027; 

23 ‘‘(H) $33,718,637,000 or 32.7 percent of 

24 the amount determined under paragraph (2), 

25 whichever is greater, for fiscal year 2027, and 


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1 there are hereby appropriated $21,334,002,000 

2 or 20.6 percent of the amount determined 

3 under paragraph (2), whichever is greater, for 

4 fiscal year 2027, which shall become available 

5 for obligation on July 1, 2027, and shall remain 

6 available through September 30, 2028; 

7 ‘‘(I) $38,215,836,000 or 36.2 percent of 

8 the amount determined under paragraph (2), 

9 whichever is greater, for fiscal year 2028, and 

10 there are hereby appropriated $25,831,201,000 

11 or 24.4 percent of the amount determined 

12 under paragraph (2), whichever is greater, for 

13 fiscal year 2028, which shall become available 

14 for obligation on July 1, 2028, and shall remain 

15 available through September 30, 2029; and 

16 ‘‘(J) $43,312,845,000 or 40 percent of the 

17 amount determined under paragraph (2), 

18 whichever is greater, for fiscal year 2029 and 

19 each subsequent fiscal year, and there are here20 by appropriated $43,312,845,000 or 40 percent 

21 of the amount determined under paragraph (2), 

22 whichever is greater, for fiscal year 2029 and 

23 each subsequent fiscal year, which— 

24 ‘‘(i) shall become available for obliga25 tion with respect to fiscal year 2029 on 


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1 July 1, 2029, and shall remain available 

2 through September 30, 2030; and 

3 ‘‘(ii) shall become available for obliga4 tion with respect to each subsequent fiscal 

5 year on July 1 of that fiscal year and shall 

6 remain available through September 30 of 

7 the succeeding fiscal year. 

8 ‘‘(2) AMOUNT.—With respect to each subpara9 graph of paragraph (1), the amount determined 

10 under this paragraph is the product of— 

11 ‘‘(A) the total number of children with dis12 abilities in all States who— 

13 ‘‘(i) received special education and re14 lated services during the last school year 

15 that concluded before the first day of the 

16 fiscal year for which the determination is 

17 made; and 

18 ‘‘(ii) were aged— 

19 ‘‘(I) 3 through 5 (with respect to 

20 the States that were eligible for 

21 grants under section 619); and 

22 ‘‘(II) 6 through 21; and 


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

2 public elementary schools and secondary schools 

3 in the United States.’’. 

Æ 


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