Whereas the Education for All Handicapped Children Act of
1975 (Public
Law 94–142), which amended the State grant program under part B
of the Education of the Handicapped Act (Public Law 91–230), was enacted into
law 35 years ago on November 29, 1975;
Whereas the Education for All Handicapped Children Act of
1975 established the Federal policy 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 of 1975 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 3 to 5 years of age and an early intervention program for infants
and toddlers with disabilities from birth through age 2;
Whereas the Education of the Handicapped Act Amendments of
1990 (Public
Law 101–476) renamed the statute as the Individuals with
Disabilities Education Act (IDEA);
Whereas the IDEA was amended in 1997 to ensure children
with disabilities are involved, and make progress, in the general education
curriculum and are included in all general State and district-wide assessment
programs;
Whereas IDEA was amended in 2004 to ensure that all
children with disabilities have available to them a free appropriate public
education that emphasizes special education and related services designed to
meet their unique needs and support them in transitioning to further education,
employment, and independent living;
Whereas IDEA currently serves an estimated 342,000 infants
and toddlers, 709,000 preschoolers, and 5,890,000 children 6 to 21 years of
age;
Whereas IDEA has assisted in a dramatic reduction in the
number of children with developmental disabilities who must live in State
institutions that are away from their families, costly, inappropriate, and
isolated;
Whereas the number of children with disabilities who
complete high school with a standard diploma has grown significantly 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 has raised the Nation’s expectations about
the abilities of children with disabilities by requiring access to the general
education curriculum;
Whereas improvements to IDEA made in 1997
and 2004 changed the focus of a child’s individualized education program from
procedural requirements placed upon teachers and related services personnel to
educational results for that child, thus improving academic achievement;
Whereas IDEA, along with the Elementary and Secondary
Education Act of 1965, holds schools accountable for the academic performance
of students with disabilities;
Whereas IDEA requires full partnership between parents of
children with disabilities and education professionals in the design and
implementation of the educational services provided to children with
disabilities;
Whereas IDEA has supported the classrooms of this Nation
by providing Federal resources to the States and local schools to help meet
their obligation to educate all children with disabilities;
Whereas while the Federal Government has not yet met its
commitment to fund part B of IDEA at 40 percent of the average per pupil
expenditure, it has made significant increases in part B funding by increasing
the appropriation by 81 percent since 2001, which is an increase of over
$5,160,000,000;
Whereas IDEA has supported, through its discretionary
programs, more than 4 decades of research, demonstration, and training in
effective practices for educating and assessing children with disabilities,
enabling teachers, related services personnel, and administrators to
effectively meet the instructional and assessment needs of children with
disabilities of all ages;
Whereas the challenges associated with providing a free
appropriate public education to every child with a disability continue despite
35 years of IDEA implementation, including low expectations and an insufficient
focus on applying replicable research on proven methods of teaching and
learning for children with disabilities, requiring a continued commitment to
improvement; and
Whereas IDEA continues to serve as the framework to
marshal the resources of this Nation to implement the promise of full
participation in society of children with disabilities: Now, therefore, be
it
That the Congress—
(1)recognizes the
35th 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 personnel, and administrators; and
(3)reaffirms its
support for the Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.) so that all children with disabilities have—
(A)access to a free
appropriate public education; and
(B)an equal
opportunity to benefit from the general education curriculum and be prepared
for further education, employment, and independent living.
Passed the House of
Representatives November 18, 2010.
Lorraine C. Miller,
Clerk