I 111th CONGRESS 1st Session H. R. 1102 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.

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.

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.

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.

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.

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.