[Congressional Record Volume 146, Number 26 (Thursday, March 9, 2000)]
[Senate]
[Pages S1371-S1372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      MANDATES AND THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

  Mr. VOINOVICH. Mr. President, in 1975, Congress passed the 
Individuals with Disabilities Education Act (IDEA), which was designed 
to ensure that all students with disabilities would receive the 
educational services they needed in order to attend ``mainstream'' 
schools. This legislation has been effective in increasing access to 
quality education for disabled students all across the nation.
  In my state of Ohio, the Individuals with Disabilities Education Act 
has meant so much to thousands and thousands of young men and women 
over the last 25 years. It has opened up whole new worlds and shown 
them that their disabilities cannot bind the limitless possibilities 
that are provided by the gift of education.
  IDEA has helped students like John Hook, from Elgin High School in 
Marion, Ohio. IDEA has given John's school the resources to hire a 
special education teacher who is able to help John with his reading and 
writing.
  Before IDEA, students with learning disabilities like John might have 
dropped out, but now, many are thriving. And because of the help he's 
received and his hard work, John is on his school's honor roll and is 
``on track'' for college.
  IDEA has also been a tremendous help to Todd Carson, an 18 year old 
student from Highland High School in Highland Local School District 
outside Medina, Ohio. Todd has Cerebral Palsy and is confined to a 
wheelchair. Todd is unable to write and he cannot use a keyboard to 
communicate.
  Through IDEA, Highland District was able to purchase a speech 
recognition program called ``Dragon Dictate'' which can be used to 
control a word processor. This has been like a ray of sunshine for 
Todd. Now, Todd has the ability to take class notes and write papers. 
Dragon Dictate also lets him use the Internet and send e-mail. This 
program has been a big difference for Todd, allowing him to read, write 
and participate in class.
  I am pleased with what we've been able to do with IDEA in Ohio. 
Before its passage, there were close to 25,000 children who were 
institutionalized in Ohio because of conditions like Cerebral Palsy and 
autism. Now, according to the Ohio Coalition for the Education of 
Children with Disabilities, there are no kids institutionalized in 
Ohio. IDEA is a big factor in this success because instead of being 
hidden-away and forgotten about, these kids are in school--learning and 
thriving--preparing to add their contributions to society.
  However, even with all the success of IDEA, the thousands and 
thousands it has benefitted, there is a startling reality to this 
program that no longer can be ignored: IDEA is crushing our schools 
financially.
  Many of our state and local governments have found that the costs of 
serving handicapped students are typically 20% to 50% higher than the 
average amount spent per pupil. This, in itself, is not the problem; 
state and local governments understand that students with disabilities 
require different, and many times, expensive needs.
  Congress, too, understood the expense involved when it passed IDEA, 
promising that the federal government would pay up to 40% of the costs 
associated with the program.
  Congress said, we think IDEA is so needed as a national priority, 
that we will pay up to 40% of the costs.
  The problem rests in the fact that the federal government has not 
provided nearly as much funding as they told state and local leaders 
they would provide, and which our children need. Indeed, in fiscal year 
2000, the federal government only provides enough funds to cover 12.6% 
of the educational costs for each handicapped child, not the 40% it 
promised.
  As in past years, our State and local governments will be forced to 
pay the leftover costs. That is what is going to happen. They are going 
to have to pay that leftover cost.
  Because the Federal Government has not lived up to its expectations, 
IDEA amounts to a huge unfunded mandate. When I was Governor of Ohio, I 
fought hard for passage of the Unfunded Mandates Reform Act so that 
circumstances such as this could be avoided.
  I was one of only a handful of State and local leaders who lobbied 
Congress to pass legislation that would provide relief to our State and 
local governments. I felt so strongly about this that in 1995 I asked 
Senator Dole to make unfunded mandate relief legislation S. 1. I was 
privileged to be in the Rose Garden 5 years ago this month when the 
President signed S. 1 into

[[Page S1372]]

law. I will never forget the President saying how opposed he was to 
unfunded mandates since he had been a Governor for a number of years 
and had seen the effects of such unfunded mandates.
  Unfortunately, the President has done nothing--nothing--to address 
one of the most costly unfunded mandates; that is, the Individuals with 
Disabilities Education Act.
  The President's fiscal year 2000 budget contains $40.1 billion in 
discretionary education funding. That is more than a 37-percent 
increase over the fiscal year 2000 discretionary education total, 
including advanced funding, and nearly double the $21.1 billion in 
discretionary education spending allocated by the Federal Government in 
1991--just 10 years ago.
  Think about that for a moment. The President is looking to increase 
federal education discretionary spending so that it will have grown by 
almost 100% in ten years. And that's at a time when inflation will have 
grown only 20.7% during the same ten years. That's incredible!
  What's even more incredible is what we're doing to our states and 
localities. Of the discretionary total for fiscal year 2000, we 
allocated $4.9 billion for IDEA. If we had funded IDEA at the 40% level 
that Congress had promised in 1975, we would have allocated $15.7 
billion in fiscal year 2000. In essence, we have passed along a $10.8 
billion mandate on our state and local governments.
  Think about it--a $10.8 billion mandate.
  For anyone who thinks about it, they are asking, What does that mean? 
That is more than we spent on the entire budget for the Department of 
the Interior. Think of it.
  When our Nation's Governors were in Washington recently for the 
annual Governors' Association winter meeting, one of their more 
prominent issues--I would say the most prominent issue they brought up 
with Congress and the President--was the need to fully fund IDEA.
  The Governors made it patently clear that if the Federal Government 
paid their 40-percent share of IDEA, it would free up $10.8 billion 
across America and would allow them to better respond to the education 
needs in their respective States.
  They also pointed out that many of them were building schools, hiring 
teachers, and doing most of the things Washington wants to do with that 
$10.8 billion that should have gone to the States to fund IDEA.
  With the help of the Ohio School Boards Association and the Buckeye 
Association of School Administrators, I am contacting superintendents 
of education, leaders from urban, suburban, and rural districts in 
every part of Ohio--I have a letter going out to all of them--asking 
them about their experience with the fiscal impact of IDEA and their 
advice on what would be the best way the Federal Government could be a 
better partner.
  The main question I have asked Ohio's educators is: What will help 
you more--fully funding the Federal commitment to IDEA, or funding at 
the Federal level programs that, by their very nature, are the 
responsibility of our State and local governments, such as hiring new 
teachers, building new schools, and a host of other programs that may 
or may not be needed in school districts across America?
  I am going to be reporting back later this spring with the results of 
that survey. In the meantime, I believe it is incumbent on the Senate, 
as it considers the reauthorization of the Elementary and Secondary 
Education Act, to find money to fully fund IDEA. This body for sure 
should not support expensive new Federal education programs until IDEA 
is fully funded.
  Thank you, Mr. President.
  I ask unanimous consent that a copy of my letter to Ohio's education 
leaders be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                February 28, 2000.
       Dear Ohio Education Leader: I am writing to ask for your 
     input concerning the Individuals with Disabilities Education 
     Act (IDEA). As you know, IDEA was passed in 1975 to ensure 
     that handicapped students receive the educational services 
     that they need to attend mainstream schools. This legislation 
     has been successful in increasing access to quality education 
     for Ohio's disabled students and for young people throughout 
     the nation. However, many educators have contacted me about 
     the funding of IDEA and the ability of school officials to 
     discipline students under the Act.
       Act the Senate prepares to debate the reauthorization of 
     the Elementary and Secondary Education Act, many educational 
     issues, including IDEA, will be examined. As such, I am 
     interested in your experience. Is the funding your school 
     district receives from the federal government inadequate to 
     help you meet your obligations under the Act? As you may 
     know, the federal government has not lived up to its promise 
     to provide up to 40 percent of the costs of special education 
     under the Act nationally. Are the costs to your district of 
     complying with disability legislation affecting your ability 
     to pay for your other programs and responsibilities? 
     Secondly, I have heard from educators about the difficulty 
     they have maintaining discipline in classrooms while 
     complying with the requirements of IDEA. Has this been a 
     challenge for your schools?
       As we work to improve our laws, any insights you have into 
     the impact of federal regulations concerning the education of 
     disabled students on school in Ohio or input into improving 
     IDEA would be appreciated.
       Finally, in light of the President Clinton's continued 
     emphasis on federal involvement in education, traditionally a 
     state and local responsibility, I am interested in your 
     thoughts on whether your district would benefit more from the 
     President's new education proposals or if you would be better 
     off if Congress met its obligations under IDEA--freeing money 
     for you to fund your own priorities.
       Thank you for your valuable input. I strongly believe that 
     working together we can make a difference for Ohio's young 
     people.
           Sincerely,
                                              George V. Voinovich,
                                                     U.S. Senator.

  The PRESIDING OFFICER (Mr. Roberts). The Senator from Washington.

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