I 112th CONGRESS 1st Session H. R. 864 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.

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 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.

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.

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.

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.