I 
114TH CONGRESS 
1ST SESSION H. R. 4028 
To amend the Individuals with Disabilities Education Act to direct the Sec-
retary to provide additional funds to States to establish and make dis-
bursements from high cost funds. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2015 
Mr. HUFFMAN (for himself and Mr. DESAULNIER) introduced the following 
bill; which was referred to the Committee on Education and the Workforce 
A BILL 
To amend the Individuals with Disabilities Education Act 
to direct the Secretary to provide additional funds to 
States to establish and make disbursements from high 
cost funds. 
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 ‘‘IDEA High Cost Pool 
Funding Act’’. 
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SEC. 2. ADDITIONAL AMOUNTS FOR HIGH COST FUNDS. 
Section 611(e)(3) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1411(e)(3)) is amended by add-
ing at the end the following: 
‘‘(J) ADDITIONAL
AMOUNTS
FOR
HIGH 
COST FUNDS.— 
‘‘(i) IN
GENERAL.—From the funds 
appropriated to carry out this subpara-
graph, the Secretary shall award grants to 
each State (without regard to whether the 
State has reserved funds under subpara-
graph (A)(i)), to carry out the activities 
described in subparagraph (A)(i) in accord-
ance with the State plan published pursu-
ant to subparagraph (C) (as amended or 
developed pursuant to clause (v) of this 
subparagraph), and the other terms and 
conditions of this paragraph with respect 
to funds reserved under subparagraph 
(A)(i), except that a State, to establish and 
support a high cost fund, may not use 
more than— 
‘‘(I) 5 percent of the amount of 
a grant received under this subpara-
graph in the first year; and 
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‘‘(II) 2 percent of such amount 
in each subsequent year. 
‘‘(ii) GRANT AMOUNT.— 
‘‘(I) 
IN
GENERAL.—A 
grant 
awarded to a State under this sub-
paragraph shall be in an amount 
equal to 5 percent of the State’s allo-
cation under subsection (d) for the 
fiscal year for which the grant is 
awarded, except that no State shall 
receive a grant amount that is less 
than 5 percent of the State’s alloca-
tion under subsection (d) for fiscal 
year 2010. 
‘‘(II) RATABLE
REDUCTION.—If 
the amounts appropriated for any fis-
cal year to carry out this subpara-
graph are insufficient to pay the full 
amounts that all States are eligible to 
receive under this subparagraph for 
such year, then the Secretary shall 
ratably reduce the payments to all 
such States for such year. 
‘‘(iii) REALLOTMENT.—If a State does 
not apply for a grant this subparagraph 
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for any fiscal year, or if the State does not 
meet the requirements of this subpara-
graph, the Secretary shall reallot such 
amount to the remaining States in accord-
ance with this subparagraph. 
‘‘(iv) MATCHING FUNDS.—To receive 
a grant under this subparagraph, a State 
shall provide— 
‘‘(I) non-Federal matching funds 
for the cost of the activities for which 
the grant is awarded in an amount 
that is not less than 25 percent of the 
amount of the grant; or 
‘‘(II) an assurance to the Sec-
retary that the State will use an 
amount of non-Federal funds that is 
not less than 25 percent of the 
amount of the grant to carry out ac-
tivities similar to the activities de-
scribed in subparagraph (A)(i) during 
the grant period of the grant awarded 
to the State. 
‘‘(v) STATE
PLANS.—To receive a 
grant under this subparagraph, a State 
shall— 
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‘‘(I) in the case of a State that 
has published a State plan pursuant 
to subparagraph (C), amend the State 
plan to include any information that 
the Secretary may require for the 
State to receive a grant under this 
subparagraph; and 
‘‘(II) in the case of a State that 
has not published a State plan pursu-
ant to subparagraph (C), develop and 
publish a State plan pursuant to sub-
paragraph (C), which includes any in-
formation that the Secretary may re-
quire for the State to receive a grant 
under this subparagraph. 
‘‘(vi) WAIVER.—A State desiring a 
grant under this subparagraph to use in 
accordance with clause (i), but requiring a 
waiver of any provision of this subpara-
graph due to an aspect of State govern-
mental structure that is incompatible with 
this subparagraph, may request such a 
waiver as part of its State plan under sub-
paragraph (C). 
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from a high cost fund similar to a high 
cost fund established under subparagraph 
(A)(i) solely using non-Federal funds.’’. 
Æ 
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