[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 939 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                 S. 939

 To amend part B of the Individuals with Disabilities Education Act to 
 provide full Federal funding of such part, to provide an exception to 
 the local maintenance of effort requirements, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 2003

    Mr. Hagel (for himself, Mr. Harkin, Mr. Warner, Mr. Chafee, Ms. 
 Collins, Ms. Snowe, Mr. Coleman, Mr. Kennedy, Mr. Jeffords, Mr. Dodd, 
 Ms. Mikulski, Mrs. Clinton, Mrs. Murray, Mr. Bingaman, and Mr. Reed) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend part B of the Individuals with Disabilities Education Act to 
 provide full Federal funding of such part, to provide an exception to 
 the local maintenance of effort requirements, 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 ``IDEA Full-Funding Act of 2003''.

SEC. 2. AMENDMENTS TO IDEA.

    (a) Funding.--Section 611(j) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1411(j)) is amended to read as follows:
    ``(j) Funding.--For the purpose of carrying out this part, other 
than section 619, there are authorized to be appropriated--
            ``(1) $10,874,000,000 for fiscal year 2004, and, there are 
        hereby appropriated $2,000,000,000 for fiscal year 2004, which 
        shall become available for obligation on July 1, 2004 and shall 
        remain available through September 30, 2005;
            ``(2) $12,874,000,000 for fiscal year 2005, and, there are 
        hereby appropriated $4,000,000,000 for fiscal year 2005, which 
        shall become available for obligation on July 1, 2005 and shall 
        remain available through September 30, 2006;
            ``(3) $14,874,000,000 for fiscal year 2006, and, there are 
        hereby appropriated $6,000,000,000 for fiscal year 2006, which 
        shall become available for obligation on July 1, 2006 and shall 
        remain available through September 30, 2007;
            ``(4) $16,874,000,000 for fiscal year 2007, and, there are 
        hereby appropriated $8,000,000,000 for fiscal year 2007, which 
        shall become available for obligation on July 1, 2007 and shall 
        remain available through September 30, 2008;
            ``(5) $18,874,000,000 for fiscal year 2008, and, there are 
        hereby appropriated $10,000,000,000 for fiscal year 2008, which 
        shall become available for obligation on July 1, 2008 and shall 
        remain available through September 30, 2009;
            ``(6) $20,874,000,000 for fiscal year 2009, and, there are 
        hereby appropriated $12,000,000,000 for fiscal year 2009, which 
        shall become available for obligation on July 1, 2009 and shall 
        remain available through September 30, 2010;
            ``(7) $22,874,000,000 for fiscal year 2010, and, there are 
        hereby appropriated $14,000,000,000 for fiscal year 2010, which 
        shall become available for obligation on July 1, 2010 and shall 
        remain available through September 30, 2011;
            ``(8) $24,635,000,000 or the sum of the maximum amounts 
        that all States may receive under subsection (a)(2), whichever 
        is lower, for fiscal year 2011, and, there are hereby 
        appropriated $15,761,000,000 for fiscal year 2011, which shall 
        become available for obligation on July 1, 2011 and shall 
        remain available through September 30, 2012, except that if the 
        sum of the maximum amounts that all States may receive under 
        subsection (a)(2) is less than $24,635,000,000, then the amount 
        appropriated in this paragraph shall be reduced by the 
        difference between $24,635,000,000 and the sum of the maximum 
        amounts that all States may receive under subsection (a)(2);
            ``(9) $25,329,000,000 or the sum of the maximum amounts 
        that all States may receive under subsection (a)(2), whichever 
        is lower, for fiscal year 2012, and, there are hereby 
        appropriated $16,455,000,000 for fiscal year 2012, which shall 
        become available for obligation on July 1, 2012 and shall 
        remain available through September 30, 2013, except that if the 
        sum of the maximum amounts that all States may receive under 
        subsection (a)(2) is less than $25,329,000,000, then the amount 
        appropriated in this paragraph shall be reduced by the 
        difference between $25,329,000,000 and the sum of the maximum 
        amounts that all States may receive under subsection (a)(2);
            ``(10) $26,005,000,000 or the sum of the maximum amounts 
        that all States may receive under subsection (a)(2), whichever 
        is lower, for fiscal year 2013, and, there are hereby 
        appropriated $17,131,000,000 for fiscal year 2013, which shall 
        become available for obligation on July 1, 2013 and shall 
        remain available through September 30, 2014, except that if the 
        sum of the maximum amounts that all States may receive under 
        subsection (a)(2) is less than $26,005,000,000, then the amount 
        appropriated in this paragraph shall be reduced by the 
        difference between $26,005,000,000 and the sum of the maximum 
        amounts that all States may receive under subsection (a)(2); 
        and
            ``(11) such sums as may be necessary for fiscal year 2014 
        and each succeeding fiscal year.''.
    (b) Exception to the Local Maintenance of Effort Requirements.--
Section 613(a)(2)(B) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1413(a)(2)(B)) is amended to read as follows:
                    ``(B) Exception.--Notwithstanding the restriction 
                in subparagraph (A)(iii), a local educational agency 
                may reduce the level of expenditures, for 1 fiscal year 
                at a time, if--
                            ``(i) the State educational agency 
                        determines, and the Secretary agrees, that the 
                        local educational agency is in compliance with 
                        the requirements of this part during that 
                        fiscal year (or, if appropriate, the preceding 
                        fiscal year); and
                            ``(ii) such reduction is--
                                    ``(I) attributable to the voluntary 
                                departure, by retirement or otherwise, 
                                or departure for just cause, of special 
                                education personnel;
                                    ``(II) attributable to a decrease 
                                in the enrollment of children with 
                                disabilities;
                                    ``(III) attributable to the 
                                termination of the obligation of the 
                                agency, consistent with this part, to 
                                provide a program of special education 
                                to a particular child with a disability 
                                that is an exceptionally costly 
                                program, as determined by the State 
                                educational agency, because the child--
                                            ``(aa) has left the 
                                        jurisdiction of the agency;
                                            ``(bb) has reached the age 
                                        at which the obligation of the 
                                        agency to provide a free 
                                        appropriate public education to 
                                        the child has terminated; or
                                            ``(cc) no longer needs such 
                                        program of special education;
                                    ``(IV) attributable to the 
                                termination of costly expenditures for 
                                long-term purchases, such as the 
                                acquisition of equipment or the 
                                construction of school facilities; or
                                    ``(V) equivalent to the amount of 
                                Federal funding the local educational 
                                agency receives under this part for a 
                                fiscal year that exceeds the amount the 
                                agency received under this part for the 
                                preceding fiscal year, but only if 
                                these reduced funds are used for any 
                                activity that may be funded under the 
                                Elementary and Secondary Education Act 
                                of 1965 (20 U.S.C. 6301 et seq.).''.
    (c) Repeal.--Section 613(a)(2) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1413(a)(2)) is further amended--
            (1) by striking subparagraph (C);
            (2) by redesignating subparagraph (D) as subparagraph (C); 
        and
            (3) in subparagraph (A)(iii), by striking ``paragraphs (B) 
        and (C)'' and inserting ``paragraph (B)''.
                                 <all>