[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 328 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
S. RES. 328

Recognizing the 30th anniversary of the enactment of the Education for 
All Handicapped Children Act of 1975 and reaffirming the commitment of 
Congress to the Individuals with Disabilities Education Act so that all 
children with disabilities receive a free appropriate public education 
                 in the least restrictive environment.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2005

 Mr. Enzi (for himself, Mr. Kennedy, Mr. Roberts, Mr. Reed, Mr. Burr, 
  Mr. Jeffords, Mr. Gregg, Mrs. Murray, Mr. Hatch, Mrs. Clinton, Mr. 
DeWine, Mr. Bingaman, Ms. Mikulski, Mr. Harkin, and Mr. Dodd) submitted 
   the following resolution; which was referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                               RESOLUTION


 
Recognizing the 30th anniversary of the enactment of the Education for 
All Handicapped Children Act of 1975 and reaffirming the commitment of 
Congress to the Individuals with Disabilities Education Act so that all 
children with disabilities receive a free appropriate public education 
                 in the least restrictive environment.

Whereas the Education for All Handicapped Children Act of 1975 (Public Law 94-
        142) was signed into law 30 years ago on November 29, 1975, and amended 
        the State grant program under part B of the Education of the Handicapped 
        Act;
Whereas the Education for All Handicapped Children Act of 1975 established the 
        Federal priority of ensuring that all children, regardless of the nature 
        or severity of their disability, have available to them a free 
        appropriate public education in the least restrictive environment;
Whereas the Education of the Handicapped Act was further amended by the 
        Education of the Handicapped Act Amendments of 1986 (Public Law 99-457) 
        to create a preschool grant program for children with disabilities aged 
        3 through 5 and an early intervention program for infants and toddlers 
        with disabilities under 3 years of age and their families;
Whereas the Education of the Handicapped Act Amendments of 1990 (Public Law 101-
        476) renamed the Education of the Handicapped Act as the Individuals 
        with Disabilities Education Act (referred to in this resolution as 
        ``IDEA'') (20 U.S.C. 1400 et seq.);
Whereas IDEA currently serves an estimated 269,000 infants and toddlers, 679,000 
        preschoolers, and 6,000,000 children aged 6 to 21;
Whereas IDEA has helped reduce the number of children with developmental 
        disabilities who must live in State institutions away from their 
        families;
Whereas the number of children with disabilities who complete high school with 
        standard diplomas has grown significantly since the enactment of IDEA;
Whereas more students with disabilities are participating in national and State 
        testing programs, and graduation rates for students with disabilities 
        are continuously rising, since the enactment of IDEA;
Whereas the number of children with disabilities who enroll in college as 
        freshmen has more than tripled since the enactment of IDEA;
Whereas IDEA promotes partnerships between parents of children with disabilities 
        and education professionals in the design and implementation of the 
        special education and related services provided to children with 
        disabilities;
Whereas the integration of students with disabilities in the classroom, learning 
        alongside their peers without disabilities, has heightened the Nation's 
        awareness of the needs and capabilities of students with disabilities;
Whereas the Individuals with Disabilities Education Improvement Act of 2004 
        (Public Law 108-446) reauthorizes IDEA and ensures that children with 
        disabilities are guaranteed a quality education based on the high 
        academic standards required under the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6301 et seq.), as amended by the No Child Left 
        Behind Act of 2001 (Public Law 107-110);
Whereas the Individuals with Disabilities Education Improvement Act of 2004 
        strengthens IDEA's focus on the educational results of children with 
        disabilities and better prepares those children for further education 
        beyond high school or employment;
Whereas the Individuals with Disabilities Education Improvement Act of 2004 
        further enables special education teachers, related services providers, 
        other educators, and State and local educational agencies to focus on 
        promoting the academic and functional achievement of children with 
        disabilities;
Whereas the Individuals with Disabilities Education Improvement Act of 2004 
        places a new priority on providing students with disabilities with 
        positive behavioral supports through school-wide interventions;
Whereas the Individuals with Disabilities Education Improvement Act of 2004 
        enables students with disabilities, through the power of technology, to 
        achieve better educational outcomes and enhance independent living 
        skills;
Whereas the Individuals with Disabilities Education Improvement Act of 2004 
        protects the procedural safeguards that guarantee the rights of children 
        with disabilities to a free and appropriate public education while 
        establishing mechanisms for parents and schools to resolve disagreements 
        about educational planning and the implementation of such planning, thus 
        reducing unnecessary litigation;
Whereas the Individuals with Disabilities Education Improvement Act of 2004 
        continues to ensure that all students with disabilities receive the 
        services and supports necessary in order to achieve positive educational 
        outcomes in both public and private educational settings;
Whereas the Individuals with Disabilities Education Improvement Act of 2004 
        ensures that the vast majority of IDEA funds will go directly to the 
        classroom and provides States and local educational agencies additional 
        flexibility to provide for the costs of educating high need children 
        with disabilities;
Whereas IDEA has supported, through its discretionary programs, 3 decades of 
        research, demonstration, and personnel preparation in effective 
        practices for educating children with disabilities, enabling teachers, 
        related services providers, and other educators to effectively meet the 
        educational and developmental needs of all children;
Whereas Federal and State governments support effective, research-based 
        practices in the classroom to ensure appropriate services and supports 
        for children with disabilities; and
Whereas IDEA continues to marshal the resources of this Nation to implement the 
        promise of full participation in society for children with disabilities: 
        Now, therefore, be it
    Resolved, That the Senate--
            (1) recognizes the 30th anniversary of the enactment of the 
        Education for All Handicapped Children Act of 1975 (Public Law 
        94-142);
            (2) acknowledges the many and varied contributions of 
        children with disabilities and their parents, teachers, related 
        services providers, and other educators; and
            (3) reaffirms the commitment of Congress to the Individuals 
        with Disabilities Education Act (20 U.S.C. 1400 et seq.) so 
        that all children with disabilities receive a free appropriate 
        public education.
                                 <all>