[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 25 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
S. CON. RES. 25

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 1999

   Mr. Jeffords (for himself, Mr. Gregg, Ms. Collins, Mr. Lott, Mr. 
 DeWine, Mr. Hagel, Mr. Enzi, Mr. Brownback, Mr. Hatch, Mr. Ashcroft, 
and Mr. Coverdell) submitted the following concurrent resolution; which 
was referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                         CONCURRENT RESOLUTION


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

Whereas all children deserve a quality education, including children with 
        disabilities;
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 a free, appropriate 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 commits the Federal Government 
        to pay up to 40 percent of the national average per pupil expenditure 
        for children with disabilities;
Whereas the Federal Government has provided only 9, 11, and 12 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 
        ($13,323) is more than twice the national average per pupil cost 
        ($6,140);
Whereas research indicates that children who are effectively taught, including 
        effective instruction aimed at acquiring literacy skills, and who 
        receive positive early interventions demonstrate academic progress, and 
        are significantly less likely to be referred to special education;
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;
Whereas if the appropriation for part B of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1411 et seq.) exceeds $4,924,672,200 for a 
        fiscal year, the State funding formula will shift from one based solely 
        on the number of children with disabilities in the State to one based on 
        85 percent of the children ages 3 to 21 living in the State and 15 
        percent based on children living in poverty in the State, enabling 
        States to undertake good practices for addressing the learning needs of 
        more children in the regular education classroom and reduce over 
        identification of children who may not need to be referred to special 
        education;
Whereas the Individuals with Disabilities Education Act has been successful in 
        achieving significant increases in the number of children with 
        disabilities who receive a free, appropriate public education;
Whereas the current level of Federal funding to States and localities under the 
        Individuals with Disabilities Education Act is contrary to the goal of 
        ensuring that children with disabilities receive a quality education; 
        and
Whereas the Federal Government has failed to appropriate 40 percent of the 
        national average per pupil expenditure per child with a disability as 
        required under the Individuals with Disabilities Education Act to assist 
        States and localities to educate children with disabilities: Now, 
        therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That the Congress and the President--
            (1) should, working within the constraints of the balanced 
        budget agreement, give programs under the Individuals with 
        Disabilities Education Act (20 U.S.C. 1400 et seq.) the highest 
        priority among Federal elementary and secondary education 
        programs by meeting the commitment to fund the maximum State 
        grant allocation for educating children with disabilities under 
        such Act prior to authorizing or appropriating funds for any 
        new education initiative; and
            (2) should meet the commitment described in paragraph (1) 
        while retaining the commitment to fund existing Federal 
        education programs that increase student achievement.
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