[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 399 Introduced in House (IH)]







105th CONGRESS
  2d Session
H. RES. 399

Urging the Congress and the President to work to fully fund the Federal 
    Government's obligation under the Individuals with Disabilities 
                             Education Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 1998

  Mr. Bass (for himself, Mr. Goodling, Mr. Greenwood, Mr. Riggs, Mr. 
   Ballenger, Mr. Graham, Mr. Baldacci, Mr. Bateman, Mr. Berry, Mr. 
    Bilbray, Mr. Blunt, Mr. Boehlert, Mr. Chambliss, Mr. English of 
      Pennsylvania, Mrs. Fowler, Mr. Frank of Massachusetts, Mr. 
 Frelinghuysen, Mr. Ganske, Mr. Gilman, Mr. Hilliard, Mrs. Johnson of 
   Connecticut, Mrs. Kelly, Mr. Nethercutt, Mr. Snowbarger, and Mr. 
 Sununu) submitted the following resolution; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                               RESOLUTION


 
Urging the Congress and the President to work to fully fund the Federal 
    Government's obligation under the Individuals with Disabilities 
                             Education Act.

Whereas Pennsylvania Association for Retarded Children v. Commonwealth of 
        Pennsylvania, 334 F. Supp. 1247 (E. Dist. Pa. 1971), and Mills v. Board 
        of Education of the District of Columbia, 348 F. Supp. 866 (Dist. D. C. 
        1972), found that children with disabilities are guaranteed an equal 
        opportunity to an education under the 14th amendment to the 
        Constitution;
Whereas the Congress responded to these court decisions by passing the Education 
        for All Handicapped Children Act of 1975 (enacted as Public Law 94-142), 
        now known as the Individuals with Disabilities Education Act (20 U.S.C. 
        1400 et seq.), to ensure an adequate public education for children with 
        disabilities;
Whereas the Individuals with Disabilities Education Act provides that the 
        Federal, State, and local governments are to share in the expense of 
        educating children with disabilities and authorizes the Federal 
        Government to pay up to 40 percent of the national average per pupil 
        expenditure for children with disabilities;
Whereas since 1982 the Congress has authorized such sums as are necessary to 
        provide the maximum State grant allocation for educating children with 
        disabilities under the Individuals with Disabilities Education Act;
Whereas the Federal Government has appropriated only 7, 9, and 11 percent of the 
        maximum State grant allocation for educating children with disabilities 
        under the Individuals with Disabilities Education Act in the last 3 
        years, respectively;
Whereas the national average cost of educating a special education student 
        ($12,002) is more than twice the national average per pupil cost 
        ($5,955);
Whereas the high cost of educating children with disabilities and the Federal 
        Government's failure to fully meet its obligation under the Individuals 
        with Disabilities Education Act drain school budgets, jeopardize the 
        quality of education provided by local schools, and place a significant 
        burden on State and local taxpayers; and
Whereas the Federal Government's failure to appropriate the maximum State grant 
        allocation for educating children with disabilities under the 
        Individuals with Disabilities Education Act represents a massive 
        unfunded Federal mandate on the States and localities of an estimated 
        $10,000,000,000 per year: Now, therefore, be it
    Resolved, That the House of Representatives urges the Congress and 
the President to give programs under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.) the highest priority among 
Federal education programs by working to fund the maximum State grant 
allocation for educating children with disabilities under such Act.
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