I 
117TH CONGRESS 
1ST SESSION 
H. R. 838 
To support children with disabilities during the COVID–19 pandemic. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2021 
Mr. SCHIFF (for himself and Ms. JOHNSON of Texas) introduced the following 
bill; which was referred to the Committee on Appropriations, and in addi-
tion to the Committee on the Budget, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To support children with disabilities during the COVID– 
19 pandemic. 
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 ‘‘Supporting Children 
with Disabilities During COVID–19 Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) A free appropriate public education is a 
fundamental educational right of all children with 
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(5) Children with disabilities have been dis-
proportionately impacted by the disruptions to edu-
cation resulting from the COVID–19 pandemic, with 
many children with disabilities needing additional 
supports and services to meet their IEP and IFSP 
goals as the delivery of education and services has 
shifted from in-person to remote formats. 
(6) Local educational agencies and lead agen-
cies face extra costs associated with adjusting serv-
ices and continuing to provide a free, appropriate 
public education while children with disabilities are 
receiving services through distance learning and re-
mote service delivery. 
(7) Schools are facing unprecedented budget 
challenges due to the rising costs of responding to 
COVID–19, coupled with State and local revenue 
shortfalls, as well as the severe and persistent under-
funding of the Individuals with Disabilities Edu-
cation Act. 
(8) To ensure that schools and lead agencies 
continue to meet the needs of children with disabil-
ities and their families, including providing trained 
and certified special educators and education sup-
port specialists, emergency supplemental funding is 
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needed under the Individuals with Disabilities Edu-
cation Act. 
(9) Emergency supplemental funding is also 
needed under the Assistive Technology Act of 1998 
(29 U.S.C. 3001 et seq.) because services provided 
under that Act help ensure that students with dis-
abilities have the technology devices and services 
they need to access equal educational opportunities. 
SEC. 3. SUPPLEMENTAL APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are appro-
priated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 
2021: 
(1) $11,000,000,000 for grants to States under 
section 611 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1411 et seq.). 
(2) For early childhood education programs— 
(A) $400,000,000 for preschool grants 
under section 619 of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1419); and 
(B) $500,000,000 for programs for infants 
and toddlers under part C of the Individuals 
with Disabilities Education Act (20 U.S.C. 
1431 et seq.). 
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(3) $300,000,000 for personnel development 
under section 662 of the Individuals with Disabilities 
Education Act (20 U.S.C. 1462). 
(4) $55,000,000 for the Assistive Technology 
Act of 1998 (29 U.S.C. 3001 et seq.). 
(b) EMERGENCY DESIGNATION.— 
(1) IN
GENERAL.—The amounts provided by 
this section are designated as an emergency require-
ment pursuant to section 4(g) of the Statutory Pay- 
As-You-Go Act of 2010 (2 U.S.C. 933(g)). 
(2) DESIGNATION IN SENATE.—In the Senate, 
this Act is designated as an emergency requirement 
pursuant to section 4112(a) of H. Con. Res. 71 
(115th Congress), the concurrent resolution on the 
budget for fiscal year 2018. 
(c) APPLICABILITY
OF ALL TERMS
AND CONDI-
TIONS.—All terms and conditions that apply to a program 
under the Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.) or the Assistive Technology Act of 
1998 (29 U.S.C. 3001 et seq.), as the case may be, shall 
apply with respect to support provided for the program 
through funds made available under subsection (a). 
(d) GENERAL PROVISIONS.—Any amount appro-
priated under this section is in addition to other amounts 
appropriated or made available for the applicable purpose. 
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SEC. 4. REPORTING. 
(a) IDEA FUNDS.— 
(1) IN
GENERAL.—Recipients of funds made 
available under this Act for activities authorized 
under the Individuals with Disabilities Education 
Act shall separately account for, and report on, how 
such funds are spent in accordance with this section. 
(2) LEAS.—Not later than 1 year after the dis-
tribution of funds under this Act, local educational 
agencies shall report the use of funds appropriated 
in this Act to their respective State educational 
agencies. 
(3) SEAS.—Not later than 1 year after the dis-
tribution of funds under this Act, State educational 
agencies shall produce a publicly available report 
that contains information about such spending by 
each local educational agency in the State and ag-
gregate spending of local educational agencies in the 
State by allowable uses under Individuals with Dis-
abilities Education Act. Each State educational 
agency shall make that report available in an acces-
sible manner on the website of the State educational 
agency and submit the report to the Secretary of 
Education. 
(4) LEAD AGENCY.—Not later than 1 year after 
the distribution of funds under this Act, each lead 
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agency responsible for the administration of funds 
provided under part C of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1431 et seq.) 
shall prepare and submit to the Secretary of Edu-
cation a report that contains information about how 
the lead agency spent funds appropriated under this 
Act. 
(5) SECRETARY
OF
EDUCATION.—The Sec-
retary of Education shall release a nationally rep-
resentative report on expenditures under this Act 
and send such report to the Committee on Appro-
priations and the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Com-
mittee on Appropriations and the Committee on 
Education and Labor of the House of Representa-
tives. Not later than 1 year after the distribution of 
funds under this Act, the Secretary of Education’s 
report shall be placed on the Department of Edu-
cation’s website in an accessible format. 
(b) ASSISTIVE TECHNOLOGY ACT OF 1998.— 
(1) IN
GENERAL.—Recipients of funds made 
available under this Act for activities authorized 
under the Assistive Technology Act of 1998 (29 
U.S.C. 3001 et seq.) shall separately account for, 
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