[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4063 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4063

 To authorize States, in the event of inadequate Federal funding under 
  part B of the Individuals with Disabilities Education Act, to waive 
 certain requirements of the Elementary and Secondary Education Act of 
                     1965, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2004

 Mr. Ballance introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To authorize States, in the event of inadequate Federal funding under 
  part B of the Individuals with Disabilities Education Act, to waive 
 certain requirements of the Elementary and Secondary Education Act of 
                     1965, 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 ``No School Left Behind Act of 2004''.

SEC. 2. FULL FUNDING OF PART B OF THE INDIVIDUALS WITH DISABILITIES 
              EDUCATION ACT.

    (a) Waiver Authority.--Subject to subsection (c), section 1116(b) 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6316(b)) (relating to the identification of schools for school 
improvement, corrective action, or restructuring) shall not apply in a 
State if--
            (1) for any fiscal year the Federal Government appropriates 
        for the purpose of carrying out part B of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1411 et seq.) an amount 
        that is less than the amount determined under subsection (b); 
        and
            (2) the State chooses to waive the application of such 
        section 1116(b).
    (b) Amount.--The amount referred to in subsection (a)(1) is the 
product of--
            (1) the number of children with disabilities in all States 
        who are receiving special education and related services--
                    (A) aged 3 through 5 if the State is eligible for a 
                grant under section 619; and
                    (B) aged 6 through 21; and
            (2) 40 percent of the average per-pupil expenditure in 
        public elementary and secondary schools in the United States.
    (c) Limitation.--For any fiscal year described in subsection 
(a)(1), a State may waive the application of section 1116(b) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) for 
not more than 3 consecutive school years, beginning with the school 
year that commences during the fiscal year involved.
    (d) Continued Funding.--A State's decision under this section to 
waive the provisions of section 1116(b) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6316(b)) shall not affect the State's 
eligibility for, or receipt of, funds under such Act.
    (e) State.--For purposes of this section, the term ``State'' has 
the meaning given to that term in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801).
                                 <all>