IV
105TH CONGRESS
2D SESSION
H. RES. 399
Urging the Congress and the President to work to fully fund the Federal
Government’s obligation under the Individuals with Disabilities Education
Act.
IN THE HOUSE OF REPRESENTATIVES
MARCH 26, 1998
Mr. BASS (for himself, Mr. GOODLING, Mr. GREENWOOD, Mr. RIGGS, Mr.
BALLENGER, Mr. GRAHAM, Mr. BALDACCI, Mr. BATEMAN, Mr. BERRY,
Mr. BILBRAY, Mr. BLUNT, Mr. BOEHLERT, Mr. CHAMBLISS, Mr.
ENGLISH of Pennsylvania, Mrs. FOWLER, Mr. FRANK of Massachusetts,
Mr. FRELINGHUYSEN, Mr. GANSKE, Mr. GILMAN, Mr. HILLIARD, Mrs.
JOHNSON
of Connecticut, Mrs. KELLY, Mr. NETHERCUTT, Mr.
SNOWBARGER, and Mr. SUNUNU) submitted the following resolution;
which was referred to the Committee on Education and the Workforce
RESOLUTION
Urging the Congress and the President to work to fully
fund the Federal Government’s obligation under the Indi-
viduals with Disabilities Education Act.
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 guaran-
teed an equal opportunity to an education under the 14th
amendment to the Constitution;
•HRES 399 IH
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 an adequate public edu-
cation for children with disabilities;
Whereas the Individuals with Disabilities Education Act pro-
vides that the Federal, State, and local governments are
to share in the expense of educating children with disabil-
ities and authorizes the Federal Government to pay up
to 40 percent of the national average per pupil expendi-
ture for children with disabilities;
Whereas since 1982 the Congress has authorized such sums
as are necessary to provide the maximum State grant al-
location for educating children with disabilities under the
Individuals with Disabilities Education Act;
Whereas the Federal Government has appropriated only 7, 9,
and 11 percent of the maximum State grant allocation
for educating children with disabilities under the Individ-
uals with Disabilities Education Act in the last 3 years,
respectively;
Whereas the national average cost of educating a special edu-
cation student ($12,002) is more than twice the national
average per pupil cost ($5,955);
Whereas the high cost of educating children with disabilities
and the Federal Government’s failure to fully meet its
obligation under the Individuals with Disabilities Edu-
cation Act drain school budgets, jeopardize the quality of
education provided by local schools, and place a signifi-
cant burden on State and local taxpayers; and
•HRES 399 IH
Whereas the Federal Government’s failure to appropriate the
maximum State grant allocation for educating children
with disabilities under the Individuals with Disabilities
Education Act represents a massive unfunded Federal
mandate on the States and localities of an estimated
$10,000,000,000 per year: Now, therefore, be it
Resolved, That the House of Representatives urges
the Congress and the President to give programs under
the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) the highest priority among Federal edu-
cation programs by working to fund the maximum State
grant allocation for educating children with disabilities
under such Act.
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