[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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