II 

114TH CONGRESS 

1ST SESSION S. 415 

To amend the Individuals with Disabilities Education Act in order to limit 

the penalties to a State that does not meet its maintenance of effort 

level of funding to a one-time penalty, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2015 

Mr. UDALL (for himself and Mr. HEINRICH) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Individuals with Disabilities Education Act 

in order to limit the penalties to a State that does 

not meet its maintenance of effort level of funding to 

a one-time penalty, 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 ‘‘IDEA MOE Adjust5 ment Act’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
2 

•S 415 IS

1 SEC. 2. IDEA PENALTY LIMITATION. 

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

3 with Disabilities Education Act (20 U.S.C. 1411(d)) is 

4 amended by adding at the end the following: 

5 ‘‘(5) SPECIAL RULE REGARDING PENALTIES.— 

6 ‘‘(A) DISTRIBUTION OF FUNDS.—In any 

7 case where a State’s allocation under this sub8 section is reduced pursuant to section 

9 612(a)(18)(B), the Secretary shall distribute to 

10 all other States that were not subject to a re11 duction in allocation under such section, the 

12 amount by which any State’s allocation under 

13 this subsection was reduced under such section, 

14 in accordance with subclauses (II) and (III) of 

15 paragraph (3)(A)(i) and without regard to 

16 paragraphs (A)(i)(I) and (B) of paragraph (3). 

17 ‘‘(B) USE OF FUNDS BY STATES.—Each 

18 State that receives additional funds under sub19 paragraph (A) shall allocate such funds to local 

20 educational agencies in accordance with sub21 section (f). 

22 ‘‘(C) NO CONSIDERATION FOR FUTURE

23 YEARS ALLOCATION.—In calculating the 

24 amounts for allocations under this subsection 

25 for fiscal year 2013 and all subsequent years, 

26 the Secretary, when determining the amount a 


asabaliauskas on DSK5VPTVN1PROD with BILLS
3 

•S 415 IS

1 State received under this subsection for a pre2 ceding fiscal year, shall not consider— 

3 ‘‘(i) any amount by which a State’s 

4 allocation for fiscal year 2012 or any sub5 sequent year is reduced pursuant to sec6 tion 612(a)(18); and 

7 ‘‘(ii) any amount by which a State’s 

8 allocation increased, pursuant to subpara9 graph (A), as a result of a State’s reduc10 tion in allocation for fiscal year 2012 or 

11 any subsequent year.’’. 

12 (b) APPLICATION OF REDUCTION OVER MULTI-YEAR

13 PERIOD.—Subparagraph (B) of section 612(a)(18) of the 

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

15 1412(a)(18)(B)) is amended to read as follows: 

16 ‘‘(B) REDUCTION OF FUNDS FOR FAILURE

17 TO MAINTAIN SUPPORT.—In any case where a 

18 State fails to comply with the requirement of 

19 subparagraph (A) for a fiscal year, the State 

20 shall be subject to a reduction of the State’s al21 location of funds under section 611 by the 

22 amount by which the State fails to meet the re23 quirement. The Secretary shall carry out such 

24 reduction, in accordance with section 611(d)(5), 

25 by— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
4 

•S 415 IS

1 ‘‘(i) reducing the State’s allocation 

2 under section 611 for the following fiscal 

3 year by the entire amount of the reduction; 

4 or 

5 ‘‘(ii) applying the reduction to the 

6 State’s allocations under such section over 

7 a multi-year period of not more than 5 

8 consecutive fiscal years, until the entire 

9 amount of the reduction has been ap10 plied.’’. 

Æ 


asabaliauskas on DSK5VPTVN1PROD with BILLS