[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 864 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 864

  To require full funding of part A of title I of the Elementary and 
 Secondary Education Act of 1965 and the Individuals with Disabilities 
                             Education Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2011

Mr. Van Hollen introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To require full funding of part A of title I 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 of 2001 represents the 
        most sweeping revision of education policy in a generation.
            (4) 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) A promise made must be a promise kept.

SEC. 3. FULL FUNDING OF PART A OF TITLE I OF ESEA.

    (a) Funding.--There are appropriated, out of any money in the 
Treasury not otherwise appropriated--
            (1) for fiscal year 2011, an amount that equals the 
        difference between--
                    (A) the amount appropriated for fiscal year 2011 
                for programs under part A of title I of the Elementary 
                and Secondary Education Act of 1965, as amended by the 
                No Child Left Behind Act of 2001; and
                    (B) $17,729,853,000 or the full amount authorized 
                to be appropriated for that fiscal year for those 
                programs, whichever is higher;
            (2) for fiscal year 2012, an amount that equals the 
        difference between--
                    (A) the amount appropriated for fiscal year 2012 
                for programs under part A of title I of the Elementary 
                and Secondary Education Act of 1965, as amended by the 
                No Child Left Behind Act of 2001; and
                    (B) $21,690,517,000 or the full amount authorized 
                to be appropriated for that fiscal year for those 
                programs, whichever is higher;
            (3) for fiscal year 2013, an amount that equals the 
        difference between--
                    (A) the amount appropriated for fiscal year 2013 
                for programs under part A of title I of the Elementary 
                and Secondary Education Act of 1965, as amended by the 
                No Child Left Behind Act of 2001; and
                    (B) $26,535,953,000 or the full amount authorized 
                to be appropriated for that fiscal year for those 
                programs, whichever is higher;
            (4) for fiscal year 2014, an amount that equals the 
        difference between--
                    (A) the amount appropriated for fiscal year 2014 
                for programs under part A of title I of the Elementary 
                and Secondary Education Act of 1965, as amended by the 
                No Child Left Behind Act of 2001; and
                    (B) $32,463,808,000 or the full amount authorized 
                to be appropriated for that fiscal year for those 
                programs, whichever is higher; and
            (5) for fiscal year 2015, an amount that equals the 
        difference between--
                    (A) the amount appropriated for fiscal year 2015 
                for programs under part A of title I of the Elementary 
                and Secondary Education Act of 1965, as amended by the 
                No Child Left Behind Act of 2001; and
                    (B) $39,715,885,000 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 programs under part A of 
        title I 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) $13,993,372,000 for fiscal year 2011;
            ``(2) $17,019,632,000 for fiscal year 2012;
            ``(3) $20,700,363,000 for fiscal year 2013;
            ``(4) $25,177,103,000 for fiscal year 2014;
            ``(5) $30,622,000,000 for fiscal year 2015; and
            ``(6) for fiscal year 2016 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 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, 2010.

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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