[Congressional Record Volume 145, Number 50 (Tuesday, April 13, 1999)]
[Senate]
[Pages S3654-S3655]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE CONCURRENT RESOLUTION 25--URGING THE CONGRESS AND THE PRESIDENT
TO FULLY FUND THE FEDERAL GOVERNMENT'S OBLIGATION UNDER THE INDIVIDUALS
WITH DISABILITIES ACT
Mr. JEFFORDS (for himself, Mr. Gregg, Ms. Collins, Mr. Lott, Mr.
DeWine, Mr. Hagel, Mr. Enzi, Mr. Brownback, Mr. Hatch, Mr. Ashcroft,
and Mr. Coverdell) submitted the following concurrent resolution; which
was referred to the Committee on Health, Education, Labor, and
Pensions:
S. Con. Res. 25
Whereas all children deserve a quality education, including
children with disabilities;
Whereas Pennsylvania Association for Retarded Children v.
Commonwealth of Pennsylvania, 334 F. Supp. 1247 (E. Dist. Pa.
1971), and Mills v. Board of Education of the District of
Columbia, 348 F. Supp. 866 (Dist. D. C. 1972), found that
children with disabilities are guaranteed an equal
opportunity to an education under the 14th amendment to the
Constitution;
Whereas the Congress responded to these court decisions by
passing the Education for All Handicapped Children Act of
1975 (enacted as Public Law 94-142), now known as the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.), to ensure a free, appropriate public education for
children with disabilities;
Whereas the Individuals with Disabilities Education Act
provides that the Federal, State, and local governments are
to share in the expense of educating children with
disabilities and commits the Federal Government to pay up to
40 percent of the national average per pupil expenditure for
children with disabilities;
Whereas the Federal Government has provided only 9, 11, and
12 percent of the maximum State grant allocation for
educating children with disabilities under the Individuals
with Disabilities Education Act in the last 3 years,
respectively;
Whereas the national average cost of educating a special
education student ($13,323) is more than twice the national
average per pupil cost ($6,140);
Whereas research indicates that children who are
effectively taught, including effective instruction aimed at
acquiring literacy skills, and who receive positive early
interventions demonstrate academic progress, and are
significantly less likely to be referred to special
education;
Whereas the high cost of educating children with
disabilities and the Federal Government's failure to fully
meet its obligation under the Individuals with Disabilities
Education Act drain school budgets, jeopardize the quality of
education provided by local schools, and place a significant
burden on State and local taxpayers;
Whereas if the appropriation for part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et seq.)
exceeds $4,924,672,200 for a fiscal year, the State funding
formula will shift from one based solely on the number of
children with disabilities in the State to one based on 85
percent of the children ages 3 to 21 living in the State and
15 percent based on children living in poverty in the State,
enabling States to undertake good practices for addressing
the learning needs of more children in the regular education
classroom and reduce over identification of children who may
not need to be referred to special education;
Whereas the Individuals with Disabilities Education Act has
been successful in achieving significant increases in the
number of children with disabilities who receive a free,
appropriate public education;
Whereas the current level of Federal funding to States and
localities under the Individuals with Disabilities Education
Act is contrary to the goal of ensuring that children with
disabilities receive a quality education; and
Whereas the Federal Government has failed to appropriate 40
percent of the national average per pupil expenditure per
child with a disability as required under the Individuals
with Disabilities Education Act to assist States and
localities to educate children with disabilities: Now,
therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That the Congress and the President--
(1) should, working within the constraints of the balanced
budget agreement, give programs under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) the
highest priority among Federal elementary and secondary
education programs by meeting the commitment to fund the
maximum State grant allocation for educating children with
disabilities under such Act prior to authorizing or
appropriating funds for any new education initiative; and
(2) should meet the commitment described in paragraph (1)
while retaining the commitment to fund existing Federal
education programs that increase student achievement.
Mr. JEFFORDS. Mr. President, today, joined by many of my colleagues,
I am submitting a Senate concurrent resolution calling for a delay in
authorizing or appropriating of funds for new educational initiatives
until we fully fund IDEA, the Individuals with Disabilities Education
Act. My colleague, Representative Goodling, is introducing a companion
resolution in the House today as well.
In 1975 Congress made a commitment to contribute up to 40 percent of
the national average per pupil expenditure (APPE) for each child with a
disability being educated by our Nation's schools. We are nowhere close
to that target of 40 percent. We are committed to achieving that
target, and until we do reach the target, we should refrain from
undertaking major new education commitments.
According to the latest estimates from the Department of Education,
this school year there are 6.1 million children with disabilities being
served by our Nation's schools. States and local communities are
spending $72.9 billion of non-federal dollars to educate
[[Page S3655]]
these children. The federal contribution available to use in this
school year is $3.8 billion. That level of funding represents 10.8
percent of the national average per pupil expenditure for each child
with a disability. That represents a mere $635.83 per child. It's time
to deliver on the missing 29.2 percent.
In a letter of March 24, 1999, the National School Boards Association
urges us to increase funding for IDEA by $2.1 billion a year for the
next ten years. It reports that 38 cents of every new tax dollar is
being spent on special education. Local school districts desperately
need our help. If IDEA had been fully funded in fiscal year 1999, my
State, Vermont, would have received $20 million more than the $5.7
million it will receive this July 1.
By putting our urge to create and fund new initiatives on hold and by
focusing on increased funding for IDEA as our first priority, we will
be giving relief to school districts, resources to teachers, hope to
parents, and opportunities to children with disabilities.
Please join us in cosponsoring this important resolution.
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