[Congressional Record Volume 146, Number 107 (Wednesday, September 13, 2000)]
[Senate]
[Pages S8506-S8508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE CONCURRENT RESOLUTION 135--RECOGNIZING THE 25TH ANNIVERSARY OF 
THE ENACTMENT OF THE EDUCATION FOR ALL HANDICAPPED CHILDREN ACT OF 1975

  Mr. JEFFORDS (for himself, Mr. Kennedy, Mr. Gregg, Mr. Dodd, Mr. 
DeWine, Mr. Harkin, Mr. Enzi, Ms. Mikulski, Ms. Collins, Mr. Bingaman, 
Mr. Hagel, Mr. Wellstone, Mrs. Murray, Mr. Reed, Mr. Frist, and Mr. 
Hutchinson) submitted the following concurrent resolution; which was 
referred to the Committee on Health, Education, Labor, and Pensions:

                            S. Con. Res. 135

       Whereas the Education for All Handicapped Children Act of 
     1975 (Public Law 94-

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     142) was signed into law 25 years ago on November 29, 1975, 
     and amended the State grant program under part B of the 
     Education of the Handicapped Act;
       Whereas the Education for All Handicapped Children Act of 
     1975 established the Federal policy of ensuring that all 
     children, regardless of the nature or severity of their 
     disability, have available to them a free appropriate public 
     education in the least restrictive environment;
       Whereas the Education of the Handicapped Act was further 
     amended by the Education of the Handicapped Act Amendments of 
     1986 (Public Law 99-457) to create a preschool grant program 
     for children with disabilities 3 to 5 years of age and an 
     early intervention program for infants and toddlers with 
     disabilities from birth through age 2;
       Whereas the Education of the Handicapped Act Amendments of 
     1990 (Public Law 101-476) renamed the statute as the 
     Individuals with Disabilities Education Act (IDEA);
       Whereas IDEA currently serves an estimated 200,000 infants 
     and toddlers, 600,000 preschoolers, and 5,400,000 children 6 
     to 21 years of age;
       Whereas IDEA has assisted in a dramatic reduction in the 
     number of children with developmental disabilities who must 
     live in State institutions away from their families;
       Whereas the number of children with disabilities who 
     complete high school has grown significantly since the 
     enactment of IDEA;
       Whereas the number of children with disabilities who enroll 
     in college as freshmen has more than tripled since the 
     enactment of IDEA;
       Whereas IDEA has raised the Nation's expectations about the 
     abilities of children with disabilities by requiring access 
     to the general education curriculum;
       Whereas improvements to IDEA made in 1997 changed the focus 
     of a child's individualized education program from procedural 
     requirements placed upon teachers and related services 
     personnel to educational results for that child, thus 
     improving academic achievement;
       Whereas changes made in 1997 also addressed the need to 
     implement behavioral assessments and intervention strategies 
     for children whose behavior impedes learning to ensure that 
     they receive appropriate supports in order to receive a 
     quality education;
       Whereas IDEA ensures full partnership between parents of 
     children with disabilities and education professionals in the 
     design and implementation of the educational services 
     provided to children with disabilities;
       Whereas IDEA has supported the classrooms of this Nation by 
     providing Federal resources to the States and local schools 
     to help meet their obligation to educate all children with 
     disabilities;
       Whereas, while the Federal Government has not yet met its 
     commitment to fund part B of IDEA at 40 percent of the 
     average per pupil expenditure, it has made significant 
     increases in part B funding by increasing the appropriation 
     by 115 percent since 1995, which is an increase of over 
     $2,600,000,000;
       Whereas the 1997 amendments to IDEA increased the amount of 
     Federal funds that have a direct impact on students through 
     improvements such as capping allowable State administrative 
     expenses, which ensures that nearly 99 percent of funding 
     increases directly reach local schools, and requiring 
     mediation upon request by parents in order to reduce costly 
     litigation;
       Whereas such amendments also ensured that students whose 
     schools cannot serve them appropriately and students who 
     choose to attend private, parochial, and charter schools have 
     greater access to free appropriate services outside of 
     traditional public schools;
       Whereas IDEA has supported, through its discretionary 
     programs, more than two decades of research, demonstration, 
     and training in effective practices for educating children 
     with disabilities, enabling teachers, related services 
     personnel, and administrators effectively to meet the 
     instructional needs of children with disabilities of all 
     ages;
       Whereas Federal and State governments can support effective 
     practices in the classroom to ensure appropriate and 
     effective services for children with disabilities; and
       Whereas IDEA has succeeded in marshalling the resources of 
     this Nation to implement the promise of full participation in 
     society of children with disabilities: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That the Congress--
       (1) recognizes the 25th anniversary of the enactment of the 
     Education for All Handicapped Children Act of 1975 (Public 
     Law 94-142);
       (2) acknowledges the many and varied contributions of 
     children with disabilities, their parents, teachers, related 
     services personnel, and administrators; and
       (3) reaffirms its support for the Individuals with 
     Disabilities Education Act so that all children with 
     disabilities have access to a free appropriate public 
     education.

  Mr. JEFFORDS. Mr. President, I rise to introduce a resolution 
commemorating the 25th anniversary of the signing of the Education for 
All Handicapped Children Act--known today as the Individuals with 
Disabilities Education Act, or IDEA. I am joined in this effort by many 
of my colleagues in the Senate and by Chairman Goodling and others in 
the House, who are proposing a companion resolution today.
  On November 29, 1975, President Gerald Ford signed landmark 
legislation which became Public Law 94-142. With the stroke of his pen, 
he opened the doors of our public schools to millions of children with 
disabilities. Public Law 94-142 serves as the foundation of our 
national commitment to assuring that children with disabilities have 
the same opportunity as all other American children to develop their 
talents, share their gifts, and contribute to their communities. Over 
the years, we have built upon this foundation by expanding its reach to 
pre-school children through early intervention programs.
  This anniversary holds a special meaning for me. I am one of the few 
members now in this body who were present at the time the Education for 
All Handicapped Children Act was approved. It was one of the first 
pieces of legislation I worked on as a freshman member of the House of 
Representatives. At that time, despite a clear Constitutional 
obligation to educate all children, regardless of disability, thousands 
of disabled students were denied access to a public education.
  I was an original sponsor of Public Law 94-142 and had the 
opportunity to serve on the House-Senate conference committee which 
developed the final bill. Since then, I have actively supported the 
improvements made to the legislation over the past quarter century. I 
take great satisfaction in the extraordinary record of success this Act 
has built.
  IDEA currently serves an estimated two hundred thousand infants and 
toddlers; six hundred thousand pre-schoolers; and almost 5.5 million 
children aged 6 to 21. The drop-out rate for this population has 
decreased, while the graduation rate has increased substantially. The 
number of young adults with disabilities enrolling in college has more 
than tripled. The number of children with developmental disabilities 
who live in state institutions, away from their families, has also been 
dramatically reduced.
  Each one of these numbers represents a child whose life has been 
improved because we recognized the value of educating all our children. 
The contribution we made through legislation is an important one, but 
the real credit belongs to the people on the front lines who have seen 
to it that our goals have become realities. Teachers, related services 
personnel, administrators, professional and advocacy organizations, 
parents of children with disabilities, and the children themselves work 
each day to assure the promise of IDEA burns brightly.
  Today we celebrate the progress that we have made in special 
education since 1975. It is also an appropriate time to consider the 
challenges and opportunities which lie ahead. I cannot talk about IDEA 
without mentioning yet again our unfulfilled promise. In 1975, Congress 
promised our 16,000 school districts that we would provide special 
education funding at 40% of the national average per pupil expenditure. 
As we all know, IDEA has never been funded at that level. We have 
improved our record in recent years, with large increases in 
appropriations. Even with this infusion of funds, the federal 
government provides less than 13% of the cost of special education 
services. We need to do more, and now is the time to do it.
  The knowledge base we have developed over the past 25 years, coupled 
with continued advances in technology, hold the promise for astonishing 
progress in the future for students with disabilities. These students 
can now communicate, explore the world through the internet, and be 
mobile in ways we could not have imagined in 1975. If we are willing to 
commit the necessary resources, there is virtually no limit to the 
advances we could see over the next 25 years. I urge all my colleagues 
to join in supporting this resolution and in reaffirming the values and 
principles underlying IDEA.
  Ms. COLLINS. Mr. President, I am pleased to be a cosponsor of the 
Resolution Commemorating the 25th Anniversary of the Individuals with 
Disabilities Education Act. This law has had a very positive impact on 
the lives of millions of disabled Americans. In fact, since its 
enactment, the number of children with disabilities who complete high 
school has grown significantly, and the number who enroll in college 
has more than tripled. Academic achievement is increasing, along with

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the nation's expectations about the abilities of children with 
disabilities. Our commitment to a quality education for everybody now 
extends to America's six million students with disabilities.
  We know that special education is not a ``place'' or a ``label,'' but 
a set of services that allow children to succeed in school, go on to 
lead productive lives, and enter the world of work. This is something 
that matters to me because it means so much to the people in Maine who 
have been able to lead productive lives because the Individuals with 
Disabilities Education Act afforded them the quality education they 
deserved.
  This is why we need to increase consistently the Federal financial 
support for the Individuals with Disabilities Education Act--so that 
the Federal Government does, in fact, pay each school in America 40 
percent of the national average per pupil expenditure for every special 
education student enrolled. Washington made that promise to our local 
communities when it passed IDEA.
  For example, this year in Maine, local schools will receive only $702 
per special education student under IDEA--$1698 per student less than 
the $2400 it would receive if the Federal Government paid its share. In 
total, Maine will receive $60 million less than it was promised. 
According to the U.S. Department of Education, the unmet amount stands 
at an astounding $11 billion nationally. We cannot continue to shift 
this burden to our local communities. We must meet the Federal 
commitment to help pay for special education costs.
  Let us take the 25th anniversary of the Individuals with Disabilities 
Education Act to recognize the positive impact this law has on every 
community in the United States, but let us not forget our Federal 
commitment of 40 percent to help our schools and communities implement 
the Individuals with Disabilities Education Act.

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