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
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.