[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2883 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2883

  To allow States to design a program to increase parental choice in 
  special education, to fully fund the Federal share of part B of the 
  Individuals with Disabilities Education Act, to help States reduce 
    paperwork requirements under part B of such Act, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2002

   Mr. Craig introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To allow States to design a program to increase parental choice in 
  special education, to fully fund the Federal share of part B of the 
  Individuals with Disabilities Education Act, to help States reduce 
    paperwork requirements under part B of such Act, and for other 
                               purposes.

    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 ``Choice IDEA Act''.

SEC. 2. CHOICE PROGRAM AND SALARY PROGRAM.

    Part B of the Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.) is amended by adding at the end the following:

``SEC. 620. CHOICE PROGRAM.

    ``(a) Choice Program Authority.--
            ``(1) In general.--The Secretary shall carry out a program 
        under which the Secretary provides States with the option of 
        using funds received under this part--
                    ``(A) to carry out this part in accordance with the 
                provisions of this part; or
                    ``(B) to carry out a choice program that meets the 
                requirements of subsection (b), without regard to the 
                provisions of this part other than this section.
    ``(b) Choice Program Requirements.--Each State carrying out a 
choice program under this section shall--
            ``(1) create a list that contains--
                    (A) an itemization of disabilities by category; and
                    (B) the total average cost in the State associated 
                with educating a child with a disability described in 
                each such category;
            ``(2) create a menu of special education and related 
        services that--
                    ``(A) is no less comprehensive than the special 
                education and related services available in school 
                districts within the State on the day before the date 
                of enactment of this section; and
                    ``(B) includes the estimated cost per child per 
                hour or semester, as appropriate, to receive the 
                special education and related services;
            ``(3) submit the list and menu to the Secretary for 
        approval;
            ``(4) allow a parent of each child with a disability in the 
        State to use the proceeds of a voucher provided under paragraph 
        (5) to pay the costs of the special education and related 
        services that the parent selects from the menu for their child 
        to receive, which selection may be made with the advice of any 
        person the parent determines appropriate;
            ``(5) provide a voucher to a parent of each child with a 
        disability in the State in an amount that--
                    ``(A) is equal to the cost of the special education 
                and related services offered by public schools within 
                the State to a child with a disability, determined in 
                accordance with the approved list; and
                    ``(B) does not exceed the cost of the special 
                education and related services available to the child 
                under the approved list;
            ``(6) permit a parent to use the proceeds of the voucher--
                    ``(A) to obtain the special education and related 
                services, selected from the menu by the parent, at a 
                public school; or
                    ``(B) to pay the cost of the child's attendance at 
                a public or private school; and
            ``(7) establish independent, binding arbitration procedures 
        for disputes related to--
                    ``(A) the determination of whether a child is a 
                child with a disability as defined in section 602; and
                    ``(B) the categorization of a child's disability.

``SEC. 621. SALARY PROGRAM.

    ``(a) Grants Authorized.--From amounts appropriated under 
subsection (b), the Secretary shall award grants to States, that do not 
participate in a choice program under section 620, to enable the States 
to award grants to local educational agencies in the State in which 15 
percent or more of the students served by the agency are children with 
disabilities, to help defray the salaries of individuals who help with 
paperwork associated with receiving funds under this part.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000 for fiscal year 2003 
and each subsequent fiscal year.''.

SEC. 3. FULL FUNDING.

    Section 611(j) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1411(j)) is amended to read as follows:
    ``(j) Authorization of Appropriations.--For the purpose of carrying 
out this part, other than section 619, there are authorized to be 
appropriated--
            ``(1) $10,000,000,000 for fiscal year 2003;
            ``(2) $12,179,939,000 for fiscal year 2004;
            ``(3) $14,359,817,000 for fiscal year 2005;
            ``(4) $16,539,817,000 for fiscal year 2006;
            ``(5) $18,719,756,000 for fiscal year 2007;
            ``(6) $20,899,695,000 for fiscal year 2008;
            ``(7) $23,079,634,000 for fiscal year 2009; and
            ``(8) $24,956,000,000 for fiscal year 2010.''.
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