I
107TH CONGRESS
1ST SESSION
H. R. 1912
To amend the Individuals with Disabilities Education Act to provide full
funding for assistance for education of all children with disabilities.
IN THE HOUSE OF REPRESENTATIVES
MAY 17, 2001
Mr. SIMMONS 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 provide full funding for assistance for education of
all children with disabilities.
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 ‘‘Keeping Our Promise
to Special Education Act of 2001’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Children with disabilities are guaranteed an
equal opportunity to an education under the 14th
Amendment to the Constitution.
(2) While States and local educational agencies
are responsible for providing an education for all
children with disabilities, it is in the national inter-
est that the Federal Government have a role in as-
sisting State and local efforts to educate children
with disabilities in order to improve results for those
children and to ensure equal protection of the law.
(3) It is estimated that the excess expense of
educating a child with a disability is equal to 40 per-
cent of the national average per pupil expenditure.
(4) Under the Individuals with Disabilities Edu-
cation Act, Congress committed the Federal Govern-
ment to contributing up to 40 percent of the na-
tional average per pupil expenditure for the purpose
of educating children with disabilities.
(5) To date, the Federal Government has never
contributed more than 15 percent of the maximum
state grant allocation for educating children with
disabilities under the Individuals with Disabilities
Education Act.
SEC. 3. PURPOSE.
It is the purpose of this Act to reach the Federal Gov-
ernment’s goal of providing 40 percent of the national av-
erage per pupil expenditure for the purpose of education
all children with disabilities by fiscal year 2011.
SEC. 4. AMOUNT OF GRANT FOR STATES UNDER PART B OF
THE INDIVIDUALS WITH DISABILITIES EDU-
CATION ACT.
(a) IN GENERAL.—Section 611(a) of the Individuals
with Disabilities Education Act (20 U.S.C. 1411(a)) is
amended—
(1) by redesignating paragraph (2) as para-
graph (4); and
(2) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) 
MINIMUM
AMOUNTS.—The 
minimum
amount of the grant a State is entitled to receive
under this section is—
‘‘(A) the number of children with disabil-
ities in the State who are receiving special edu-
cation and related services—
‘‘(i) aged 3 through 5 if the State is
eligible for a grant under section 619; and
‘‘(ii) aged 6 through 21; multiplied by
‘‘(B) the following percentages of the aver-
age current per-pupil expenditure in public ele-
mentary and secondary schools in the United
States for the following fiscal years:
‘‘(i) 20 percent for fiscal year 2002.
‘‘(ii) 22 percent for fiscal year 2003.
‘‘(iii) 24 percent for fiscal year 2004.
‘‘(iv) 26 percent for fiscal year 2005.
‘‘(v) 28 percent for fiscal year 2006.
‘‘(vi) 30 percent for fiscal year 2007.
‘‘(vii) 32 percent for fiscal year 2008.
‘‘(viii) 34 percent for fiscal year 2009.
‘‘(ix) 37 percent for fiscal year 2010.
‘‘(x) 40 percent for fiscal year 2011
and each subsequent fiscal year.
‘‘(3) NO
INDIVIDUAL
ENTITLEMENT.—Para-
graph (2) shall not be interpreted to entitle any indi-
vidual to assistance under any State program,
project, or activity funded under this part.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 611 of
the Individuals with Disabilities Education Act (20 U.S.C.
1411) is amended by striking subsection (j).
(2) Section 611 of the Individuals with Disabilities
Education Act (20 U.S.C. 1411), as amended by para-
graph (1), is further amended—
(A) in subsection (b)(1), by striking ‘‘From the
amount appropriated for any fiscal year under sub-
section (j), the Secretary shall reserve not more than
one percent, which shall be used’’ and inserting
‘‘From the amount available for any fiscal year to
carry out this part (other than section 619), the
Secretary shall use not more than one percent’’;