I
107TH CONGRESS
1ST SESSION
H. R. 1330
To amend the Individuals with Disabilities Education Act to fully fund 40
percent of the average per pupil expenditure for programs under part
B of such Act.
IN THE HOUSE OF REPRESENTATIVES
APRIL 3, 2001
Mr. FERGUSON (for himself, Mr. KENNEDY of Rhode Island, Mr. SMITH of
New Jersey, Mr. SCHROCK, Mr. SAXTON, Mr. QUINN, Mr. LATOURETTE,
Mr. ROGERS of Michigan, Mr. PLATTS, Mrs. KELLY, Mr. SWEENEY, Mr.
GILMAN, 
Mrs. 
JOHNSON
of 
Connecticut, 
Mrs. 
ROUKEMA, 
Mr.
GILCHREST, Mr. OXLEY, Mr. GRUCCI, Mr. BURTON of Indiana, Mr. NEY,
Mr. BOEHLERT, Mr. REYNOLDS, Mr. WELDON of Pennsylvania, Mr.
MCHUGH, Mr. WALSH, Mrs. BIGGERT, Mr. DAVIS of Illinois, Mr. HIN-
CHEY, Mrs. JONES of Ohio, Mr. MCDERMOTT, Mr. CONYERS, Mr.
OWENS, Mr. OBERSTAR, Mr. KUCINICH, Mr. MCGOVERN, Mr. UDALL of
Colorado, Mr. BALDACCI, Mr. FRANK, Ms. BROWN of Florida, Mr.
THOMPSON of Mississippi, Mr. LANGEVIN, Mr. SHIMKUS, Mr. EHLERS,
Mr. SHERWOOD, Mr. LOBIONDO, Mrs. CAPITO, Mr. ENGLISH, Mr. LAN-
TOS, and Mr. HOUGHTON) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce
A BILL
To amend the Individuals with Disabilities Education Act
to fully fund 40 percent of the average per pupil expendi-
ture for programs under part B of such 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 ‘‘Helping Children Succeed
by Fully Funding the Individuals with Disabilities Edu-
cation Act (IDEA)’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) All children deserve a quality education.
(2) In Pennsylvania Association for Retarded
Children vs. Commonwealth of Pennsylvania (334 F.
Supp. 1247)(E. Dist. Pa. 1971), and Mills vs. Board
of Education of the District of Columbia (348 F.
Supp. 866)(Dist. D.C. 1972), the courts found that
children with disabilities are entitled to an equal op-
portunity to an education under the 14th amend-
ment of the Constitution.
(3) In 1975, Congress passed what is now
known as the Individuals with Disabilities Education
Act (referred to in this Act as ‘‘IDEA’’) (20 U.S.C.
1400 et seq.) to help States provide all children with
disabilities a free, appropriate public education in
the least restrictive environment. At full funding,
Congress contributes 40 percent of the average per
pupil expenditure for each child with a disability
served.
(4) Before 1975, only 1⁄5 of the children with
disabilities received a formal education. At that time,
many States had laws that specifically excluded
many children with disabilities, including children
who were blind, deaf, or emotionally disturbed, from
receiving such an education.
(5) IDEA currently serves an estimated
200,000 infants and toddlers, 600,000 preschoolers,
and 5,400,000 children 6 to 21 years of age.
(6) IDEA enables children with disabilities to
be educated in their communities, and thus, has as-
sisted in dramatically reducing the number of chil-
dren with disabilities who must live in State institu-
tions away from their families.
(7) The number of children with disabilities
who complete high school has grown significantly
since the enactment of IDEA.
(8) The number of children with disabilities
who enroll in college as freshmen has more than tri-
pled since the enactment of IDEA.
(9) The overall effectiveness of IDEA depends
upon well trained special education and general edu-
cation teachers, related services personnel, and other
school personnel. Congress recognizes concerns
about the nationwide shortage of personnel serving
students with disabilities and the need for improve-
ment in the qualifications of such personnel.
(10) IDEA has raised the Nation’s awareness
about the abilities and capabilities of children with
disabilities.
(11) Improvements to IDEA in the 1997
amendments increased the academic achievement of
children with disabilities and helped them to lead
productive, independent lives.
(12) Changes made in 1997 also addressed the
needs of those children whose behavior impedes
learning by implementing behavioral assessments
and intervention strategies to ensure that they re-
ceive appropriate supports in order to receive a qual-
ity education.
(13) IDEA requires a full partnership between
parents of children with disabilities and education
professionals in the design and implementation of
the educational services provided to children with
disabilities.
(14) While the Federal Government has more
than doubled funding for part B of IDEA since
1995, the Federal Government has never provided
more than 15 percent of the maximum State grant
allocation for educating children with disabilities.
(15) By fully funding IDEA, Congress will
strengthen the ability of States and localities to im-
plement the requirements of IDEA.
SEC. 3. MANDATORY FUNDING.
Section 611(j) of the Individuals with Disabilities
Education Act (29 U.S.C. 1411(j)) is amended to read
as follows:
‘‘(j) MANDATORY FUNDING.—For the purpose of
carrying out this part, other than section 619, there are
authorized 
to 
be 
appropriated, 
and 
there 
are
appropriated—
‘‘(1) $8,823,685,000 for fiscal year 2002;
‘‘(2) $11,323,685,000 for fiscal year 2003;
‘‘(3) $13,823,685,000 for fiscal year 2004;
‘‘(4) $16,323,685,000 for fiscal year 2005;
‘‘(5) $18,823,685,000 for fiscal year 2006; and
‘‘(6) not more than $21,323,685,000 or the
sum of the maximum amount that all States may re-
ceive under subsection (a)(2), whichever is lower, for
fiscal year 2007.’’.
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