I 
111TH CONGRESS 
1ST SESSION H. R. 1102 
To require full funding of the Elementary and Secondary Education Act 
of 1965 and the Individuals with Disabilities Education Act. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2009 
Mr. VAN HOLLEN (for himself, Mr. GEORGE MILLER of California, Ms. BERK-
LEY, Mr. BERMAN, Mr. BISHOP of Georgia, Mr. BISHOP of New York, 
Mr. BLUMENAUER, Ms. BORDALLO, Mr. BOUCHER, Mr. BRADY of Penn-
sylvania, Ms. CORRINE BROWN of Florida, Mrs. CAPPS, Mr. CARNAHAN, 
Mr. CARNEY, Mr. CARSON of Indiana, Ms. CASTOR of Florida, Mr. 
CHANDLER, Mr. CLAY, Mr. CLEAVER, Mr. COHEN, Mr. CONNOLLY of 
Virginia, Mr. CONYERS, Mr. COSTELLO, Mr. COURTNEY, Mr. CUMMINGS, 
Mr. DAVIS of Illinois, Mrs. DAVIS of California, Mr. DEFAZIO, Mr. 
DELAHUNT, Mr. DOYLE, Ms. EDWARDS of Maryland, Mr. ELLISON, Mr. 
ENGEL, Mr. ETHERIDGE, Mr. FRANK of Massachusetts, Mr. AL GREEN 
of Texas, Mr. GENE GREEN of Texas, Mr. GRIJALVA, Mr. GUTIERREZ, 
Mr. HARE, Mr. HIGGINS, Mr. HINOJOSA, Mr. HOLT, Mr. HONDA, Mr. 
KAGEN, Ms. KILPATRICK of Michigan, Mr. KLEIN of Florida, Mr. 
KUCINICH, Mr. LARSON of Connecticut, Mr. LEWIS of Georgia, Mr. 
LOEBSACK, Mr. LYNCH, Mrs. MALONEY, Mrs. MCCARTHY of New York, 
Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCMAHON, Ms. MOORE of Wis-
consin, Mr. MURPHY of Connecticut, Mr. TIM MURPHY of Pennsylvania, 
Mr. ORTIZ, Mr. PALLONE, Mr. POLIS of Colorado, Mr. REYES, Mr. 
RODRIGUEZ, Mr. ROSS, Mr. ROTHMAN of New Jersey, Ms. SCHAKOWSKY, 
Mr. SCOTT of Virginia, Mr. SCOTT of Georgia, Mr. SESTAK, Mr. SIRES, 
Mr. STARK, Ms. SUTTON, Mr. TIERNEY, Mr. WEXLER, Mr. WILSON of 
Ohio, Ms. WOOLSEY, Mr. WU, and Mr. YARMUTH) introduced the fol-
lowing bill; which was referred to the Committee on Education and 
Labor, and in addition to the Committee on Appropriations, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
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PWALKER on PROD1PC71 with BILLS
A BILL 
To require full funding of the Elementary and Secondary 
Education Act of 1965 and the Individuals with Disabil-
ities Education Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Keep Our Promise to 
America’s Children and Teachers Act’’ or the ‘‘Keep Our 
PACT Act’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) Children are our Nation’s future and great-
est treasure. 
(2) A high-quality education is the surest way 
for every child to reach his or her full potential. 
(3) The No Child Left Behind Act represents 
the most sweeping revision of education policy in a 
generation. 
(4) Since 2002, part A of title I of the No 
Child Left Behind Act has been funded at 
$54,679,000,000 below its authorized level. 
(5) The Individuals with Disabilities Education 
Act guarantees all children with disabilities a first- 
rate education. 
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(6) The Individuals with Disabilities Education 
Improvement Act committed the Congress to pro-
viding 40 percent of the national current average per 
pupil expenditure for special education students. 
(7) Since its reauthorization in 2004, the Indi-
viduals with Disabilities Education Act has been 
funded at $20,271,000,000 below its authorized 
level. 
(8) A promise made must be a promise kept. 
SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND 
ACT OF 2001. 
(a) FUNDING.—There are appropriated, out of any 
money in the Treasury not otherwise appropriated— 
(1) for fiscal year 2009, an amount that equals 
the difference between— 
(A) the amount appropriated for fiscal 
year 2009 for programs under the Elementary 
and Secondary Education Act of 1965, as 
amended by the No Child Left Behind Act of 
2001, and 
(B) $30,235,088,000 or the full amount 
authorized to be appropriated for that fiscal 
year for those programs, whichever is higher; 
(2) for fiscal year 2010, an amount that equals 
the difference between— 
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(A) the amount appropriated for fiscal 
year 2010 for programs under the Elementary 
and Secondary Education Act of 1965, as 
amended by the No Child Left Behind Act of 
2001, and 
(B) $36,053,055,000 or the full amount 
authorized to be appropriated for that fiscal 
year for those programs, whichever is higher; 
(3) for fiscal year 2011, an amount that equals 
the difference between— 
(A) the amount appropriated for fiscal 
year 2011 for programs under the Elementary 
and Secondary Education Act of 1965, as 
amended by the No Child Left Behind Act of 
2001, and 
(B) $41,871,022,000 or the full amount 
authorized to be appropriated for that fiscal 
year for those programs, whichever is higher; 
(4) for fiscal year 2012, an amount that equals 
the difference between— 
(A) the amount appropriated for fiscal 
year 2012 for programs under the Elementary 
and Secondary Education Act of 1965, as 
amended by the No Child Left Behind Act of 
2001, and 
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(B) $47,688,988,000 or the full amount 
authorized to be appropriated for that fiscal 
year for those programs, whichever is higher; 
(5) for fiscal year 2013, an amount that equals 
the difference between— 
(A) the amount appropriated for fiscal 
year 2013 for programs under the Elementary 
and Secondary Education Act of 1965, as 
amended by the No Child Left Behind Act of 
2001, and 
(B) $53,506,955,000 or the full amount 
authorized to be appropriated for that fiscal 
year for those programs, whichever is higher; 
and 
(6) for fiscal year 2014, an amount that equals 
the difference between— 
(A) the amount appropriated for fiscal 
year 2014 for programs under the Elementary 
and Secondary Education Act of 1965, as 
amended by the No Child Left Behind Act of 
2001, and 
(B) $59,324,922,000 or the full amount 
authorized to be appropriated for that fiscal 
year for those programs, whichever is higher. 
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(b) USE OF FUNDS.—Funds appropriated under sub-
section (a)— 
(1) shall be used to carry out the programs of 
the Elementary and Secondary Education Act of 
1965, as amended by the No Child Left Behind Act 
of 2001; and 
(2) shall be allocated among such programs in 
the same ratio as funds otherwise appropriated to 
carry out such programs. 
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH 
DISABILITIES EDUCATION ACT. 
(a) IN GENERAL.—Section 611(i) of the Individuals 
with Disabilities Education Act (20 U.S.C. 1411(i)) is 
amended to read as follows: 
‘‘(i) MANDATORY FUNDING.—For the purpose of car-
rying out this part, other than section 619, there are ap-
propriated, out of any money in the Treasury not other-
wise appropriated— 
‘‘(1) $12,441,723,000 for fiscal year 2009; 
‘‘(2) $14,139,877,000 for fiscal year 2010; 
‘‘(3) $16,069,810,000 for fiscal year 2011; 
‘‘(4) $18,263,157,000 for fiscal year 2012; 
‘‘(5) $20,755,871,000 for fiscal year 2013; 
‘‘(6) $23,588,812,000 for fiscal year 2014; 
‘‘(7) $26,808,417,000 for fiscal year 2015; 
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‘‘(8) $30,467,462,000 for fiscal year 2016; and 
‘‘(9) for fiscal year 2017 and each subsequent 
fiscal year— 
‘‘(A) the number of children with disabil-
ities in the prior school year in the States, out-
lying areas, and freely associated States who re-
ceived special education and related services— 
‘‘(i) aged 3 through 5 if the States, 
outlying areas, and freely associated States 
are eligible for a grant under section 619; 
and 
‘‘(ii) aged 6 through 21; multiplied by 
‘‘(B) 40 percent of the average per-pupil 
expenditure in public elementary schools and 
secondary schools in the United States; ad-
justed by 
‘‘(C) the rate of annual change in the sum 
of— 
‘‘(i) 85 percent of such State’s, out-
lying areas, and freely associated State’s 
population 
described 
in 
subsection 
(d)(3)(A)(i)(II).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2008. 
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SEC. 5. OFFSET. 
The amounts appropriated by this Act and the 
amendments made by this Act shall be expended con-
sistent with pay-as-you-go requirements. 
Æ 
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