I 

111TH CONGRESS 

1ST SESSION H. R. 3578 

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

provide full Federal funding of such part. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2009 

Mr. VAN HOLLEN (for himself, Mr. PLATTS, and Mr. WALZ) introduced the 

following bill; which was referred to the Committee on Education and Labor 

A BILL 

To amend part B of the Individuals with Disabilities 

Education Act to provide full Federal funding of such part. 

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 ‘‘Everyone Deserves Un5 conditional Access to Education (EDUCATE) Act’’. 

6 SEC. 2. AMENDMENT TO IDEA. 

7 Section 611(i) of the Individuals with Disabilities 

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

9 as follows: 

10 ‘‘(i) FUNDING.— 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•HR 3578 IH

1 ‘‘(1) IN GENERAL.—For the purpose of car2 rying out this part, other than section 619, there are 

3 authorized to be appropriated— 

4 ‘‘(A) $14,434,200,000 or 20.8 percent of 

5 the amount determined under paragraph (2), 

6 whichever is greater, for fiscal year 2010, and 

7 there are hereby appropriated $2,928,989,000 

8 or 3.3 percent of the amount determined under 

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

10 year 2010, which shall become available for ob11 ligation on July 1, 2010, and shall remain 

12 available through September 30, 2011; 

13 ‘‘(B) $17,596,785,000 or 25 percent of the 

14 amount determined under paragraph (2), 

15 whichever is greater, for fiscal year 2011, and 

16 there are hereby appropriated $6,091,574,000 

17 or 7.5 percent of the amount determined under 

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

19 year 2011, which shall become available for ob20 ligation on July 1, 2011, and shall remain 

21 available through September 30, 2012; 

22 ‘‘(C) $20,759,369,000 or 29 percent of the 

23 amount determined under paragraph (2), 

24 whichever is greater, for fiscal year 2012, and 

25 there are hereby appropriated $9,254,158,000 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•HR 3578 IH

1 or 11.5 percent of the amount determined 

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

3 fiscal year 2012, which shall become available 

4 for obligation on July 1, 2012, and shall remain 

5 available through September 30, 2013; 

6 ‘‘(D) $23,921,954,000 or 32.9 percent of 

7 the amount determined under paragraph (2), 

8 whichever is greater, for fiscal year 2013, and 

9 there are hereby appropriated $12,416,743,000 

10 or 15.4 percent of the amount determined 

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

12 fiscal year 2013, which shall become available 

13 for obligation on July 1, 2013, and shall remain 

14 available through September 30, 2014; 

15 ‘‘(E) $27,084,538,000 or 36.5 percent of 

16 the amount determined under paragraph (2), 

17 whichever is greater, for fiscal year 2014, and 

18 there are hereby appropriated $15,579,327,000 

19 or 19 percent of the amount determined under 

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

21 year 2014, which shall become available for ob22 ligation on July 1, 2014, and shall remain 

23 available through September 30, 2015; 

24 ‘‘(F) $30,247,123,000 or 40 percent of the 

25 amount determined under paragraph (2), 


smartinez on DSKB9S0YB1PROD with BILLS
4 

•HR 3578 IH

1 whichever is greater, for fiscal year 2015, and 

2 there are hereby appropriated $18,741,912,000 

3 or 22.5 percent of the amount determined 

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

5 fiscal year 2015, which shall become available 

6 for obligation on July 1, 2015, and shall remain 

7 available through September 30, 2016; and 

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

9 under paragraph (2) for fiscal year 2016 and 

10 each subsequent fiscal year, and there are here11 by appropriated 40 percent of the amount de12 termined under paragraph (2) minus 

13 $11,505,211,000 for fiscal year 2016 and each 

14 subsequent fiscal year, which shall become 

15 available for obligation with respect to fiscal 

16 year 2016 on July 1, 2016, and shall remain 

17 available through September 30, 2017, and 

18 with respect to each subsequent fiscal year on 

19 July 1 of that fiscal year and shall remain 

20 available through September 30 of the suc21 ceeding fiscal year. 

22 ‘‘(2) AMOUNT.—The amount determined under 

23 this paragraph is— 

24 ‘‘(A) the number of children with disabil25 ities in the school year preceding the fiscal year 


smartinez on DSKB9S0YB1PROD with BILLS
5 

•HR 3578 IH

1 referred to in subparagraph (A), (B), (C), (D), 

2 (E), (F), or (G) of paragraph (1) (as the case 

3 may be) in all States who receive special edu4 cation and related services— 

5 ‘‘(i) aged 3 through 5 if the States 

6 are eligible for grants under section 619, 

7 and 

8 ‘‘(ii) aged 6 through 21, multiplied by 

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

10 public elementary schools and secondary schools 

11 in the United States.’’. 

12 SEC. 3. OFFSETS. 

13 The amounts appropriated in 611(i) of the Individ14 uals with Disabilities Education Act (20 U.S.C. 1411(i)), 

15 as amended by section 2 of this Act, shall be expended 

16 consistent with pay-as-you-go requirements 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS