[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 737 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 737
To amend the Individuals with Disabilities Education Act to provide
full funding for assistance for education of all children with
disabilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2001
Mr. Bass (for himself, Mr. Bentsen, Mr. Ramstad, Mr. Doyle, Mrs.
Johnson of Connecticut, Mr. Horn, Mr. LoBiondo, Mr. Goode, Mrs.
Morella, Mr. English, Ms. Hooley of Oregon, Mr. Bereuter, Mr. Holt, Mr.
Watkins, Mr. Hutchinson, Mr. Saxton, and Mr. Osborne) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To amend the Individuals with Disabilities Education Act to provide
full funding for assistance for education of all children with
disabilities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandatory IDEA Full Funding Act of
2001''.
SEC. 2. PURPOSE.
The purpose of this Act is to attain the Federal Government's goal
under part B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.) of providing 40 percent of the national current
average per pupil expenditure to assist States and local educational
agencies with the excess costs of educating children with disabilities
and to make such funding mandatory.
SEC. 3. AMOUNT OF GRANT FOR STATES UNDER PART B OF THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
(a) In General.--Section 611(a) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following:
``(2) Minimum amounts.--The minimum amount of the grant a
State is entitled to receive under this section is--
``(A) the number of children with disabilities in
the State who are receiving special education and
related services--
``(i) aged 3 through 5 if the State is
eligible for a grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) the following percentages of the average
current per-pupil expenditure in public elementary and
secondary schools in the United States for the
following fiscal years:
``(i) 20 percent for fiscal year 2002.
``(ii) 25 percent for fiscal year 2003.
``(iii) 30 percent for fiscal year 2004.
``(iv) 35 percent for fiscal year 2005.
``(v) 40 percent for fiscal year 2006 and
each subsequent fiscal year.
``(3) No individual entitlement.--Paragraph (2) shall not
be interpreted to entitle any individual to assistance under
any State program, project, or activity funded under this
part.''.
(b) Conforming Amendments.--(1) Section 611 of the Individuals with
Disabilities Education Act (20 U.S.C. 1411) is amended by striking
subsection (j).
(2) Section 611 of the Individuals with Disabilities Education Act
(20 U.S.C. 1411), as amended by paragraph (1), is further amended--
(A) in subsection (b)(1), by striking ``From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve not more than one percent, which shall
be used'' and inserting ``From the amount available for any
fiscal year to carry out this part (other than section 619),
the Secretary shall use not more than one percent'';
(B) in subsection (c), by striking ``From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve'' and inserting ``From the amount
available for any fiscal year to carry out this part (other
than section 619), the Secretary shall use'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) by striking ``(1) In general.--''; and
(II) by striking ``paragraph (2) or
subsection (e), as the case may be'' and
inserting ``subsection (e)''; and
(ii) by striking paragraph (2);
(D) in subsection (e)--
(i) in the heading, by striking ``Permanent'';
(ii) in paragraph (1)--
(I) by striking ``subsection (d)(1)'' and
inserting ``subsection (d)''; and
(II) by inserting after ``subsection (j)''
the following: ``(as such subsection was in
effect on the day before the date of the
enactment of the Mandatory IDEA Full Funding
Act of 2001)''; and
(iii) in paragraph (3)(B)--
(I) in clause (ii)--
(aa) in subclause (I)(bb), by
striking ``amount appropriated under
subsection (j)'' and inserting ``amount
available to carry out this part (other
than section 619)'';
(bb) in subclause (II)(bb), by
striking ``appropriated'' and inserting
``available''; and
(cc) in subclause (III)(bb), by
striking ``appropriated'' and inserting
``available''; and
(II) in clause (iii)(II), by striking
``appropriated'' and inserting ``available'';
(E) in subsection (g)--
(i) in paragraph (2)--
(I) by striking subparagraph (A);
(II) by striking ``(B) Permanent
procedure.--'';
(III) by redesignating clauses (i) and (ii)
and subclauses (I) and (II) as subparagraphs
(A) and (B) and clauses (i) and (ii),
respectively; and
(IV) in subparagraph (B) (as redesignated),
by striking ``clause (i)'' and inserting
``subparagraph (A)''; and
(ii) in paragraph (3)(A)--
(i) in clause (i)(I), by striking
``appropriated'' and inserting ``available'';
(ii) in clause (ii), by striking
``appropriated'' and inserting ``available'';
and
(F) in subsection (i)(3)(A), by striking ``appropriated
under subsection (j)'' and inserting ``available to carry out
this part (other than section 619)''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2001.
<all>