[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1107 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1107

  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

                             March 3, 2005

  Mr. Larson of Connecticut (for himself, Mr. Conyers, Mrs. Jones of 
  Ohio, Mr. Case, Mr. Holt, Mr. Shimkus, Mr. Hinchey, Mr. Evans, Mr. 
  Schiff, Mr. McDermott, Mr. Grijalva, Mr. Weiner, Mr. Etheridge, Mr. 
Frank of Massachusetts, Mr. Clyburn, Ms. Eshoo, Mr. Sherman, Mr. Owens, 
Mr. McNulty, Mr. Filner, and Mr. Butterfield) 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 
2005''.

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)), as amended by the 
Individuals with Disabilities Education Improvement Act of 2004 (Public 
Law 108-446), is amended--
            (1) in paragraph (2)--
                    (A) in the heading, by striking ``Maximum'' and 
                inserting ``Minimum'';
                    (B) in the matter preceding subparagraph (A)--
                            (i) by striking ``maximum'' and inserting 
                        ``minimum''; and
                            (ii) by striking ``may receive'' and 
                        inserting ``is entitled to receive''; and
                    (C) in subparagraph (A), by striking ``fiscal years 
                2005 and 2006'' and inserting ``fiscal year 2006''; and
            (2) by adding at the end the following new paragraph:
            ``(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.--Section 611 of the Individuals with 
Disabilities Education Act (20 U.S.C. 1411), as amended by the 
Individuals with Disabilities Education Improvement Act of 2004 (Public 
Law 108-446), is amended as follows:
            (1) In the heading--
                    (A) by striking ``authorization;'' and inserting 
                ``entitlement;''; and
                    (B) by striking ``; authorization of 
                appropriations''.
            (2) In subsection (b)--
                    (A) in paragraph (1)(A), by striking ``From the 
                amount appropriated for any fiscal year under 
                subsection (i)'' and inserting ``From the amount 
                available for any fiscal year to carry out this part 
                (other than section 619)''; and
                    (B) in paragraph (2), by striking ``From the amount 
                appropriated for any fiscal year under subsection (i)'' 
                and inserting ``From the amount available for any 
                fiscal year to carry out this part (other than section 
                619)''.
            (3) In subsection (c)(1), by striking ``the amounts 
        appropriated'' and inserting ``the amounts available''.
            (4) In subsection (d)(3)(B)--
                    (A) in clause (ii)--
                            (i) in subclause (I)(bb), by striking ``the 
                        amount appropriated under subsection (i)'' and 
                        inserting ``the amount available to carry out 
                        this part'';
                            (ii) in subclause (II)(bb), by striking 
                        ``appropriated for'' and inserting ``available 
                        to carry out''; and
                            (iii) in subclause (III)(bb), by striking 
                        ``appropriated for'' and inserting ``available 
                        to carry out''; and
                    (B) in clause (iii)(II), by striking 
                ``appropriated'' and inserting ``available''.
            (5) In subsection (h)(4)(A), by striking ``appropriated 
        under subsection (i)'' and inserting ``available to carry out 
        this part (other than section 619)''.
            (6) By striking subsection (i).
    (c) Clerical Amendment.--The table of contents for the Individuals 
with Disabilities Education Act (20 U.S.C. 1400(b)), as amended by the 
Individuals with Disabilities Education Improvement Act of 2004 (Public 
Law 108-446), is amended in the item relating to section 611 to read as 
follows:

``Sec. 611. Entitlement; allotment; use of funds.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on July 1, 2005.
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