[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 823 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 823

  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 13, 2003

   Mr. Larson of Connecticut (for himself, Mr. Shimkus, Mr. Frank of 
  Massachusetts, Mr. Grijalva, Mr. Van Hollen, Mr. Otter, Mr. Ryan of 
Ohio, and Ms. Watson) 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 ``Full Funding for IDEA Now Act of 
2003''.

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 for a fiscal 
        year 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) 40 percent of the average current per-pupil 
                expenditure in public elementary and secondary schools 
                in the United States.
            ``(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 Full Funding for IDEA Now Act 
                        of 2003)''; 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, 2003.
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