[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1102 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1102
To require full funding of the Elementary and Secondary Education Act
of 1965 and the Individuals with Disabilities Education Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2009
Mr. Van Hollen (for himself, Mr. George Miller of California, Ms.
Berkley, Mr. Berman, Mr. Bishop of Georgia, Mr. Bishop of New York, Mr.
Blumenauer, Ms. Bordallo, Mr. Boucher, Mr. Brady of Pennsylvania, Ms.
Corrine Brown of Florida, Mrs. Capps, Mr. Carnahan, Mr. Carney, Mr.
Carson of Indiana, Ms. Castor of Florida, Mr. Chandler, Mr. Clay, Mr.
Cleaver, Mr. Cohen, Mr. Connolly of Virginia, Mr. Conyers, Mr.
Costello, Mr. Courtney, Mr. Cummings, Mr. Davis of Illinois, Mrs. Davis
of California, Mr. DeFazio, Mr. Delahunt, Mr. Doyle, Ms. Edwards of
Maryland, Mr. Ellison, Mr. Engel, Mr. Etheridge, Mr. Frank of
Massachusetts, Mr. Al Green of Texas, Mr. Gene Green of Texas, Mr.
Grijalva, Mr. Gutierrez, Mr. Hare, Mr. Higgins, Mr. Hinojosa, Mr. Holt,
Mr. Honda, Mr. Kagen, Ms. Kilpatrick of Michigan, Mr. Klein of Florida,
Mr. Kucinich, Mr. Larson of Connecticut, Mr. Lewis of Georgia, Mr.
Loebsack, Mr. Lynch, Mrs. Maloney, Mrs. McCarthy of New York, Mr.
McDermott, Mr. McGovern, Mr. McMahon, Ms. Moore of Wisconsin, Mr.
Murphy of Connecticut, Mr. Tim Murphy of Pennsylvania, Mr. Ortiz, Mr.
Pallone, Mr. Polis of Colorado, Mr. Reyes, Mr. Rodriguez, Mr. Ross, Mr.
Rothman of New Jersey, Ms. Schakowsky, Mr. Scott of Virginia, Mr. Scott
of Georgia, Mr. Sestak, Mr. Sires, Mr. Stark, Ms. Sutton, Mr. Tierney,
Mr. Wexler, Mr. Wilson of Ohio, Ms. Woolsey, Mr. Wu, and Mr. Yarmuth)
introduced the following bill; which was referred to the Committee on
Education and Labor, and in addition to the Committee on
Appropriations, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require full funding of the Elementary and Secondary Education Act
of 1965 and the Individuals with Disabilities Education Act.
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 ``Keep Our Promise to America's
Children and Teachers Act'' or the ``Keep Our PACT Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Children are our Nation's future and greatest treasure.
(2) A high-quality education is the surest way for every
child to reach his or her full potential.
(3) The No Child Left Behind Act represents the most
sweeping revision of education policy in a generation.
(4) Since 2002, part A of title I of the No Child Left
Behind Act has been funded at $54,679,000,000 below its
authorized level.
(5) The Individuals with Disabilities Education Act
guarantees all children with disabilities a first-rate
education.
(6) The Individuals with Disabilities Education Improvement
Act committed the Congress to providing 40 percent of the
national current average per pupil expenditure for special
education students.
(7) Since its reauthorization in 2004, the Individuals with
Disabilities Education Act has been funded at $20,271,000,000
below its authorized level.
(8) A promise made must be a promise kept.
SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND ACT OF 2001.
(a) Funding.--There are appropriated, out of any money in the
Treasury not otherwise appropriated--
(1) for fiscal year 2009, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2009
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001, and
(B) $30,235,088,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(2) for fiscal year 2010, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2010
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001, and
(B) $36,053,055,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(3) for fiscal year 2011, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2011
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001, and
(B) $41,871,022,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(4) for fiscal year 2012, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2012
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001, and
(B) $47,688,988,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(5) for fiscal year 2013, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2013
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001, and
(B) $53,506,955,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher; and
(6) for fiscal year 2014, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2014
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001, and
(B) $59,324,922,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher.
(b) Use of Funds.--Funds appropriated under subsection (a)--
(1) shall be used to carry out the programs of the
Elementary and Secondary Education Act of 1965, as amended by
the No Child Left Behind Act of 2001; and
(2) shall be allocated among such programs in the same
ratio as funds otherwise appropriated to carry out such
programs.
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
(a) In General.--Section 611(i) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as
follows:
``(i) Mandatory Funding.--For the purpose of carrying out this
part, other than section 619, there are appropriated, out of any money
in the Treasury not otherwise appropriated--
``(1) $12,441,723,000 for fiscal year 2009;
``(2) $14,139,877,000 for fiscal year 2010;
``(3) $16,069,810,000 for fiscal year 2011;
``(4) $18,263,157,000 for fiscal year 2012;
``(5) $20,755,871,000 for fiscal year 2013;
``(6) $23,588,812,000 for fiscal year 2014;
``(7) $26,808,417,000 for fiscal year 2015;
``(8) $30,467,462,000 for fiscal year 2016; and
``(9) for fiscal year 2017 and each subsequent fiscal
year--
``(A) the number of children with disabilities in
the prior school year in the States, outlying areas,
and freely associated States who received special
education and related services--
``(i) aged 3 through 5 if the States,
outlying areas, and freely associated States
are eligible for a grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) 40 percent of the average per-pupil
expenditure in public elementary schools and secondary
schools in the United States; adjusted by
``(C) the rate of annual change in the sum of--
``(i) 85 percent of such State's, outlying
areas, and freely associated State's population
described in subsection (d)(3)(A)(i)(II).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2008.
SEC. 5. OFFSET.
The amounts appropriated by this Act and the amendments made by
this Act shall be expended consistent with pay-as-you-go requirements.
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