IDEA MOE Adjustment Act

Bill: 113-s-1095
Sponsor: full_name: Sen. Udall, Tom [D-NM]
Introduced: 2013-06-04
Policy area: Education
Subjects: Education programs funding

Elementary and secondary education

Intergovernmental relations

Special education

State and local finance
Latest action: action_date: 2013-06-04
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2013-06-04
action_desc: Introduced in Senate
text: <p>IDEA MOE Adjustment Act - Amends the Individuals with Disabilities Education Act to limit the penalty imposed on a state that reduces its level of funding for special education from one fiscal year to the next to a reduction of federal special education funds for one fiscal year. (Currently, that penalty may be imposed on a state for any fiscal year after the fiscal year the state reduces its special education funding.)</p> <p>Redistributes the federal special education funding that is denied to a penalized state to states that have not reduced their level of special education funding.</p> <p>Prohibits the Secretary of Education from considering those penalties or redistributions when calculating a state's share of federal special education funds for subsequent fiscal years.</p>

tv_txt: II 113th CONGRESS 1st Session S. 1095 IN THE SENATE OF THE UNITED STATES June 4, 2013 Mr. Udall of New Mexico (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Individuals with Disabilities Education Act in order to limit the penalties to a State that does not meet its maintenance of effort level of funding to a one-time penalty.

1. Short title This Act may be cited as the IDEA MOE Adjustment Act . 2. Penalty limitation Section 612(a)(18) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(18) ) is amended— (1) in subparagraph (B)— (A) by striking The Secretary shall reduce the allocation of funds under section 611 for any fiscal year and inserting the following: (i) Reduction The Secretary shall reduce the allocation of funds under section 611 for 1 fiscal year ; and (2) by adding at the end the following: (ii) Distribution of funds In any case where a State's allocation under clause (i) is reduced, the Secretary shall distribute to all other States (as that term is defined in section 611(g)(2)) that were not subject to a reduction in allocation under such clause, the amount by which any State's allocation under section 611(d) was reduced under such clause, in accordance with subclauses (II) and (III) of section 611(d)(3)(A)(i) and without regard to paragraphs (A)(i)(I) and (B) of section 611(d)(3). (iii) Use of funds by States Each State that receives additional funds under clause (ii) shall allocate such funds to local educational agencies in accordance with section 611(f). (iv) No consideration for future years allocation Notwithstanding section 611(d), in calculating the amounts for allocations under such section for fiscal year 2013 and all subsequent years, the Secretary, when determining the amount a State received under such section for a preceding fiscal year, shall not consider— (I) any amount by which a State's allocation under such section for fiscal year 2012 or any subsequent year is reduced under clause (i); and (II) any amount by which a State's allocation increased, pursuant to clause (ii), as a result of a State's reduction in allocation for fiscal year 2012 or any subsequent year. .