[Congressional Record Volume 146, Number 115 (Monday, September 25, 2000)]
[House]
[Pages H8000-H8005]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TWENTY-FIFTH ANNIVERSARY OF EDUCATION FOR ALL HANDICAPPED CHILDREN ACT
Mr. GOODLING. Mr. Speaker, I move to suspend the rules and agree to
the concurrent resolution (H. Con. Res. 399) recognizing the 25th
anniversary of the enactment of the Education for All Handicapped
Children Act of 1975.
The Clerk read as follows:
H. Con. Res. 399
Whereas the Education for All Handicapped Children Act of
1975 (Public Law 94-142) 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;
[[Page H8001]]
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 House of Representatives (the Senate
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Goodling) and the gentleman from Michigan (Mr.
Kildee) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Goodling).
General Leave
Mr. GOODLING. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on House Concurrent Resolution 399.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
Today, I am pleased to bring to the floor for consideration House
Concurrent Resolution 399, which recognizes and honors the 25th
anniversary of the passage of the Individuals with Disabilities
Education Act on November 29, 1975. I am pleased so many of my
colleagues from both sides of the aisle have joined me in cosponsoring
the resolution.
Since 1975, when Congress first authorized the original IDEA law, we
have refined and improved the law several times. In 1990, the statute
was named the Individuals with Disabilities Education Act. As most
everyone knows, this act assists States and local school districts with
the excess costs of educating students with disabilities.
In each reconsideration of the law, we have worked to ensure greater
access to education for all students with disabilities. We also have
worked increasingly to improve the quality of the education that
children with disabilities receive. I am especially interested in
quality education and am pleased by the progress that children with
disabilities are making. For instance, children with disabilities are
increasingly completing their high school education and embarking on
postsecondary educations.
I believe strongly in the goal of IDEA, that every child should have
the opportunity to receive a quality education. I note that teachers
and school administrators also support this goal. However, we all
realize that schools need additional funds to make this goal a reality.
To this end, I have consistently fought for increased funding for IDEA
during my years in Congress.
As a matter of fact, for the first 20 years in the minority, my
colleague, the gentleman from Michigan (Mr. Kildee), and I were the
only two who were seeking additional funding, yet we all realize what
it means to the local school districts to go without that funding, that
40 percent of the excess cost. That 40 percent is based on the per-
pupil cost to educate children nationwide, and 1 or 2 years ago that
was $6,300, which means we should have been sending $2,500 plus
dollars. Instead, local districts have had to make up the money because
we have not done the job.
This is why I kept saying to the President, like every other
President, ``You do not need some new thing for a legacy; all you have
to do is help me get this 40 percent, then the local districts could do
everything they want to do because they would have the money to do it
locally.''
Just a couple of examples. We have New York, Los Angeles, Chicago,
Miami, and Washington, D.C. If Los Angeles had been getting 40 percent,
they would be getting an additional $118 million a year. If New York
City were getting their 40 percent, they would get $170 million extra
every year. Now, imagine what they could have done in all these years
to reduce class size, if that is what they wanted to do; or to maintain
their buildings or even build new buildings?
These are big dollars we are talking about. Unfortunately, that did
not happen. In fact, 2 years in a row the President sent budgets up to
the Hill that actually cut the amount of money that would go to special
ed. In the last 6 years, I am happy to show, and I am happy to show it
because I have been chairman the last 6 years, but I am happy to show
that we have doubled the amount of money that has gone back to local
school districts, as my colleagues can see on this chart. On this chart
we can see the President's request is in yellow and what the Congress
has done is in red. So we have been able to double that funding, which
means so much to that local school district.
We still have other work to do in relationship to having a perfect
IDEA, if there is such a thing as perfect. In our 1997 amendments, we
focused the law on the quality education a child with disabilities is
to receive rather than upon process and bureaucracy; gave parents
greater input in determining the best education for their child; and
gave teachers the tools they need to teach all children well.
For instance, these amendments, the Individualized Education Program,
is developed with the general curriculum in mind; and students with
disabilities are taking district and State-wide assessments in greater
numbers. Both of these improvements mean children with disabilities
will receive a higher quality education.
{time} 1415
We decreased the amount of paperwork required of teachers so that
they have more time to spend with their students. We also dealt
somewhat with the discipline problem.
So I am happy to say that, on this anniversary, we are now moving in
the right direction both in how we present the program and also in the
amount of funding that we are providing, getting closer to that 40
percent based on the per-pupil expenditure in each district.
[[Page H8002]]
I am also happy to say that during the first 20 years, as I
indicated, there were only the gentleman from Michigan (Mr. Kildee) and
myself preaching, I thought, to the choir; but we were not preaching to
the choir. I guess we were preaching to the heathen, as a matter of
fact. But I am happy to say, in the last 6 years, we have people coming
out of the woodwork on all sides of the aisle to get this money.
Why? Because I imagine they are hearing from their local school
districts what a burden this is to a local school district to try to
meet our mandate. It is not actually a mandate. However, if they do not
provide a quality education to all children with disabilities, they are
going to be in real trouble. So naturally they are going to take the
Federal program because they hope they are going to get some Federal
support.
Mr. Speaker, I reserve the balance of my time.
Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I join the gentleman from Pennsylvania (Chairman
Goodling) in urging support for H. Con. Res. 399. I want to commend the
chairman for bringing this legislation before the House today.
Several years ago when we both sat on the Committee on the Budget,
the gentleman from Pennsylvania (Chairman Goodling) and I had the
courage to voice support for full funding of IDEA. We were pretty
lonely voices in those days, but we worked very closely together.
Mr. Speaker, the gentleman from Pennsylvania (Mr. Goodling) is one of
the very best friends I have here in the Congress of the United States.
For several years, I was his chairman on the subcommittee. But in 1994,
I discovered at about 2 in the morning that, for the first time in 40
years, the Republicans had taken control of the Congress of the United
States. And I was a survivor, but I was a survivor in Cornwallis' army
rather than in Washington's army. And I realized that the gentleman
from Pennsylvania (Mr. Goodling) now was going to be my chairman and
not of a subcommittee, he was going to be my chairman of the full
committee, of the full Committee on Education and Labor.
So I thought I should give him a call. I called him at 7 o'clock in
the morning. And one never calls a politician at 7 o'clock in the
morning the day after the election because we are pretty well wiped out
from the day before and the night before. But I knew he would be up
because the gentleman from Pennsylvania (Mr. Goodling) is a farmer and
he would be up. So I called him at 7 o'clock in the morning. He
answered the phone at his home in York, Pennsylvania. I did not
identify myself. I said, ``Mr. Chairman.'' And he responded, ``How
sweet it is.'' And it was sweet. And I have enjoyed working with him as
a member of the committee and he as chairman.
Despite opposition to our early efforts, we have doggedly pursued
this goal together; and it has been a joy working with him.
While I am aware that IDEA is presently set to receive a $1.3 billion
increase for the coming fiscal year, it is my hope that in the
remaining days of this Congress that we can meet the goal of a $2
billion increase that the House established for the passage of the
Goodling bill, H.R. 4055.
Clearly, the educational needs of children with disabilities and
their access to a free, appropriate public education is a critical
issue in ensuring that they become productive members of our society.
The work that we have done on IDEA in the past few years, Mr.
Speaker, and the work that we will do in the coming Congresses has been
so crucial to ensuring that children with disabilities receive the
education to which they are entitled.
All of these efforts started with the passage of Public Law 94-142 on
November 29, 1975. Prior to the passage of the Education for All
Handicapped Children Act, IDEA's predecessor statute, millions of
disabled children received substandard education or no education at
all. Some were refused admission into our public schools.
After the passage of 94-142, disabled children were literally brought
out of the closets and educated in regular classrooms.
Many individuals have had a role in creating and improving IDEA. I
want to especially thank and recognize the parents and advocates of
disabled children, for without their tireless efforts, we would not be
where we are today.
As a matter of fact, when Michigan passed its Education for the
Handicapped, it was passed only because of the advocacy of parents; and
their advocacy has persisted to this day. This resolution is a fitting
tribute to their many years of work.
In closing, I want to urge Members to support this bipartisan
legislation and again commend my very, very dear friend, the gentleman
from Pennsylvania (Mr. Goodling), for constantly, constantly bringing
this issue before us.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLING. Mr. Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Upton), a very important member of the committee.
Mr. UPTON. Mr. Speaker, I know that my good friend, the gentleman
from Michigan (Mr. Kildee), and the gentleman from Pennsylvania
(Chairman Goodling), I was part of that choir that they were preaching
to. They had me convinced early on that this bill and funding for IDEA
was certainly the right way to go, particularly as I talked to my local
school districts, parents, and families back home.
This bill, H. Con. Res. 399, recognizes and honors the 25th
anniversary of the passage of IDEA. We strongly believe, everyone I
think in this Chamber believes strongly, in the goal of IDEA that every
child, every child, should have the opportunity to receive a quality
education. We have worked hard to ensure greater access to education
for all students with disabilities. We have also worked increasingly to
improve the quality of the education that children with disabilities
receive.
Over the last 4 fiscal years, IDEA has seen a dramatic increase of
$2.6 billion. That is 115 percent increase in the Federal contribution.
Prior to that, the Federal contribution was only 7 percent.
Now, in fact, the Federal Government contributes 13 percent of the
average per-pupil expenditure to assist with the excess cost of
educating a child with a disability. A lot of us would like to see that
be increased even beyond 13 percent and get quite a bit closer to the
original goal, which is 30 or 40 percent.
During this Congress, the House passed H. Con. Res. 84, the IDEA
full-funding resolution that passed 413-2. The resolution stated that
IDEA is the highest priority among Federal elementary and secondary
education programs and that, in fact, it should provide full funding to
school districts as originally promised by the Congress.
The House also passed H.R. 4055, the IDEA Full Funding Act of 2000,
by a vote 421-3. This provides an authorization scheduled for reaching
the Federal mandate to assist States and local school districts with
the excess costs of educating children with disabilities. This bill
sets a schedule for meeting the Federal Government's IDEA funding
commitment within an achievable time frame.
In the last Congress, we completed the reauthorization of IDEA. The
amendments of 1997 brought many improvements to the education that
children with disabilities receive. It focused on three things. It
focused the law on the education to a child it is to receive rather
than upon process and bureaucracy. Amendments gave parents greater
input in determining the best education for their children by boosting
the role of their parents; and they gave the teachers the tools that
they need to teach all children well by reducing the amount of
paperwork expected of teachers so that now they will have more time to
spend with the students.
This is important legislation. It is an important program, and the
Congress should step up to the plate to help our local schools deal
with the pressing need that continues to grow in all of our
congressional districts.
Again, I compliment Members on both sides of the aisle, particularly
the gentleman from Pennsylvania (Chairman Goodling), for getting this
bill to the floor; and I look forward to its passage.
Mr. GOODLING. Mr. Speaker, I yield 3 minutes to the gentleman from
North Carolina (Mr. Burr) who apparently
[[Page H8003]]
took one of our basketball prospects from the University of Maryland
over the weekend, I am sorry to say.
Mr. BURR of North Carolina. Mr. Speaker, I thank the chairman for
yielding me the time. And to steal a recruit from Maryland is an easy
thing for those of us in North Carolina.
Mr. Speaker, I was not here 25 years ago; but our good chairman, the
gentleman from Pennsylvania (Mr. Goodling), was. Under his leadership,
his commitment, and his determination, he has helped shape education
policy for the better. He has been a teacher, a principal, a
superintendent. We are lucky to have him fighting not just for disabled
children but for all children.
Here we are today celebrating the enactment of the Education for All
Handicapped Children Act, otherwise known as the Individuals With
Disabilities Education Act, IDEA. As a result, we have more children
with disabilities graduating from high school and at least three times
the students with disabilities entering college.
When I read over the committee's report and floor proceedings from
the 94th Congress for this legislation, I realized that this bill laid
a foundation for the proper relationship between States and the Federal
Government on the subject of education. Clearly, the right to a free
public education is basic to equal opportunity and is vital to secure
the future and prosperity of our people. The failure to provide this
right was criminal and, thankfully, was corrected 25 years ago.
As we turn to the future, we must fulfill our commitment not just to
the States but ultimately to the children. We must not simply vote to
fully fund IDEA, but we must make sure that the money gets there.
We have increased funding for this program 115 percent since 1995,
well over $2.6 billion. However, we can do better. We should be funding
40 percent of the average per-pupil expenditure to the State and not a
penny less.
As leaders of this Nation, we expect so much from our teachers, our
administrators, and our children. It is their turn to expect no less of
us. We cannot let them down.
As we celebrate the 25th anniversary of this landmark legislation, we
must remember its intent and continue to press for full funding.
Mr. Speaker, I commend the gentleman from Pennsylvania (Chairman
Goodling) for his dedication, for his focus, for his commitment not
just to disabled children but to all children.
Mr. GOODLING. Mr. Speaker, I yield 2 minutes to the gentleman from
Nevada (Mr. Gibbons).
Mr. GIBBONS. Mr. Speaker, I thank the chairman for yielding me the
time.
Mr. Speaker, I want to congratulate and commend the gentleman from
Pennsylvania (Chairman Goodling) and the ranking minority member, the
gentleman from Michigan (Mr. Kildee), for their hard work on this very
important part of our children's education.
Mr. Speaker, I rise in proud support today of H. Con. Res. 399, to
recognize the 25th anniversary of the Education for All Handicapped
Children Act, later renamed the Individuals With Disabilities Education
Act, or IDEA.
This law currently benefits 200,000 infants and toddlers, as well as
600,000 preschoolers and over 5.4 million school-aged children in the
United States.
Mr. Speaker, these numbers are indeed impressive, but we must do
more. We must look beyond these numbers to see how IDEA has improved
and enriched education in America. IDEA has enabled millions of
students with disabilities to stay in public school and receive a
quality education. These students have the opportunity to learn and
interact with other children in the classroom and on the playground.
And these same children grow up and enroll in college and graduate
programs, fully recognizing and realizing their potential and making a
real difference in their communities and families.
IDEA has also united parents, teachers, and school administrators who
work together to develop quality education programs that fully meet the
needs of every child. IDEA provides the funds for these accomplishments
to occur every day in every school across this country.
Mr. Speaker, as we celebrate this 25th anniversary, it is my hope
that we can continue our work to fully fund IDEA so that millions more
children will have the opportunity to receive the same quality public
education.
{time} 1430
Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we have come a long, long way in the last 6 years toward
meeting that goal of helping to fund special education back in the
local school districts. Now that the ball is rolling, I will not be
here but I hope those Members who will will keep that ball rolling so
that we can get an extra $95 million to Los Angeles each year, an extra
$76 million to Chicago, an extra $170 million to New York City, an
extra $16 million to Dallas, an extra $23 million to Houston, an extra
$8 million to San Antonio, an extra $5 million to Fort Worth, an extra
$13 million to Tallahassee, an extra $30 million to Jacksonville, an
extra $26 million to Orlando, an extra $29 million to Tampa, an extra
$12 million to Washington, D.C., an extra $8 million to St. Louis, and
yes, an extra $1 million to the little city of York of 49,000 people.
My colleagues have a big job ahead of them; and I know that those who
will be left behind, I do not know whether that is being left behind
because they are still here or not but those of them who will remain in
the Congress have a big job to make sure that we get to that 40
percent.
All of those who spoke today, I would encourage them to lead that
fight. It will be the greatest thing they can do, bar none, to help a
local school district.
Mr. LANTOS. Mr. Speaker, I rise today to join my colleagues in
honoring the 25th anniversary of the enactment of the Education for All
Handicapped Children Act. This legislation was a great achievement in
the fight for equality of education for all American children. For too
long, children with special educational needs were neglected, ignored,
or even confined to institutions. Congress made necessary and
appropriate revisions to the law in 1997, renaming it the Individuals
with Disabilities Education Act or IDEA. These amendments to the law
kept the spirit of the original Education for All Handicapped Children
Act, by reaffirming that handicapped and special needs children have
the opportunity to the free public education that is available to other
American children.
Unfortunately, Mr. Speaker, Congress has not lived up to its end of
the agreement to provide an important part of the funds necessary to
carry out the provisions of the legislation. As you know, Mr. Speaker,
on May 2nd of this year, the House overwhelmingly adopted H.R. 4055,
which authorized Congressional appropriators to increase fiscal year
2001 funding for IDEA by two billion dollars, and to continue to
increase the funding for IDEA in each subsequent year until the year
2010 when the federal government should fund IDEA at 40% of the cost of
the program. As you are aware, this is level of funding that is
required by the 1997 revisions to the Education for All Handicapped
Children Act.
Sadly, Mr. Speaker, my colleagues on the other side of the aisle have
ignored the overwhelming support for meeting the federal obligation set
under IDEA and instead offered a lower amount in the appropriations
legislation being considered this year. The budgets of our school
districts are being decimated because Congress is not funding IDEA at
the mandated level. In California the budget gap state-wide is
estimated to be 1.2 billion dollars. The San Mateo County School
district has had to cover the 19 million dollars that full IDEA funding
would have provided.
Mr. Speaker, I cannot fathom why Congress would want to make local
school districts chose between education children with special needs or
eliminating music and art programs, yet this is the path we are
following. I urge my colleagues who are working on the Labor, Health
and Human Services appropriations legislation to accept the funding
levels established in H.R. 4055 and add the necessary 2 billion dollars
to IDEA funding this year, and to ensure that IDEA is funded at the
mandated level by 2010.
Mr. BEREUTER. Mr. Speaker, as a long-time supporter of fulfilling the
Federal Government's commitment to fund the Individuals with
Disabilities Education Act (IDEA) at 40 percent, this Member rises in
strong support of H. Con. Res. 399, recognizing the 25th Anniversary of
the enactment of the Education for All Handicapped Children Act of
1975.
According to the Committee for Education Funding, before enactment of
the Education for All Handicapped Children Act into law, more than one
million children with disabilities were denied an education in
America's public schools. This law incorporated all levels of
government to ensure that children with disabilities had access to a
``free appropriate public education'' that requires special education
and related services. Currently, more
[[Page H8004]]
than 6.2 million children, ages 3-21, with disabilities ranging from
speech and language impediments to emotional disturbances, have
benefitted from these services.
Within the State Grant Program of the IDEA, approximately $240
million is sent to 407 Nebraska school districts or approved
cooperatives that serve children with disabilities, ages birth to five
years. About $4.3 million supports discretionary projects to help meet
IDEA requirements for children with disabilities, ages birth to 21
years, and approximately $800,000 is available for school improvement
projects. In the 1999-2000 school year alone, 43,531 children and youth
in the State of Nebraska benefitted from the IDEA State Grant program.
Mr. Speaker, while this improvement is good news, this Member will
continue full funding of the Federal Government's forth percent
commitment to IDEA. Meeting the IDEA requirements set by Congress 25
years ago will provide relief to our local school districts and will
ensure the continued success of IDEA and its goal of creating
productive members of society within the disability community.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to rise today as
cosponsor and supporter of H. Con. Res. 399, which recognizes the 25th
anniversary of the Education for All Handicapped Children Act, now know
as the Individuals with Disabilities Education Act, or IDEA.
When the Education for All handicapped Children Act was first signed
into law on November 29, 1975, it marked an historic milestone for
children with disabilities. For the first time, special needs children
were guaranteed access to a free and appropriate education.
Unfortunately, since this legislation was first signed into law, the
Federal government has been remiss in paying for its full share of the
costs associated with educating special needs children. The original
act set forth a framework whereby 40 percent of the average costs of
educating a special needs child would be paid by the Federal
government. To date, that level has never been reached. As a result,
state and local school districts have been forced to divert money from
other needed services, including school construction and teacher
training, to pay for the government's share of IDEA.
Congress, over the past six years, has done incredible work to
provide additional funding for IDEA over and above the Administration's
requested level, doubling the amount of money the Federal government is
providing to state and local school districts to pay for the costs
associated with this program. Unfortunately, the funding still falls
short of the 40 percent the Federal government committed to paying for
IDEA.
I am pleased that the House of Representatives passed H.R. 4055, the
IDEA Full Funding Act, earlier this year. However, despite the
importance of fully funding our obligation under IDEA, H.R. 4055 is
still pending in the Senate.
I would hope that my colleagues in the other body will take the
opportunity of the 25th Anniversary of this critical education program
to pass H.R. 4055, and once and for all meet the Federal government's
funding obligation to IDEA.
I thank the gentleman from Pennsylvania, Mr. Goodling, for
introducing this legislation, and for all his hard work toward ensuring
the Federal government honors its commitment to special needs children.
I urge my colleagues to support this bill.
Mr. PAUL. Mr. Speaker, I appreciate the opportunity to explain why I
must oppose H. Con. Res. 399, which celebrates the 25th Anniversary of
the Individuals with Disabilities Education Act (IDEA). My opposition
to H. Con. Res. 399 is based on the simple fact that there is a better
way to achieve the laudable goal of educating children with
disabilities than through an unconstitutional program and thrusts
children, parents, and schools into an administrative quagmire. Under
the IDEA law celebrated by this resolution, parents and schools often
become advisories and important decisions regarding a child's future
are made via litigation. I have received complaints from a special
education administrator in my district that unscrupulous trial lawyers
are manipulating the IDEA process to line their pockets at the expenses
of local school districts. Of course, every dollar a local school
district has to spend on litigation is a dollar the district cannot
spend educating children.
IDEA may also force local schools to deny children access to the
education that best suits their unique needs in order to fulfill the
federal command that disabled children be educated ``in the least
restrictive setting,'' which in practice means mainstreaming. Many
children may thrive in a mainstream classroom environment, however,
some children may be mainstreamed solely because school officials
believe it is required by federal law, even though the mainstream
environment is not the most appropriate for that child.
On May 10, 1994, Dr. Mary Wagner testified before the Education
Committee that disabled children who are not placed in a mainstream
classroom graduate from high school at a much higher rate than disabled
children who are mainstreamed. Dr. Wagner quite properly accused
Congress of sacrificing children to ideology.
IDEA also provides school personal with incentives to over-identify
children as learning disabled, thus unfairly stigmatizing many children
and, in a vicious cycle, leading to more demands for increased federal
spending on IDEA also IDEA encourages the use of the dangerous drug
Retalin for the purpose of getting education subsidies. Instead of
celebrating and increasing spending on a federal program that may
actually damage the children it claims to help, Congress should return
control over education to those who best know the child's needs:
parents. In order to restore parental control to education, I have
introduced the Family Education Freedom Act (HR 935), which provides
parents with a $3,000 per child tax credit to pay for K-12 education
expenses. My tax credit would be of greatest benefit to parents of
children with learning disabilities because it would allow them to
devote more of their resources to ensure their children get an
education that meets the child's unique needs.
In conclusion, I would remind my colleagues that parents and local
communities know their children so much better than any federal
bureaucrat, and they can do a better job of meeting a child's needs
than we in Washington. There is no way that my grandchildren, and some
young boy or girl in Los Angeles, CA or New York City can be educated
by some sort of ``Cookie Cutter'' approach. Thus, the best means of
helping disabled children is to empower their parents with the
resources to make sure their children receives an education suited to
that child's special needs, instead of an education that scarifies that
child's best interest on the altar of the ``Washington-knows-best''
ideology.
I therefore urge my colleagues to join with me in helping parents of
special needs children provide their children with a quality education
that meets the child's needs by repealing federal mandates that divert
resources away from helping children and, instead, embrace my Family
Education Freedom Act.
Mrs. KELLY. Mr. Speaker, in anticipation of the 25th Anniversary of
the Individuals with Disabilities Education Act, I rise today to urge
my colleagues to join with me in acknowledging the good this program
has done for our children and their future.
Almost twenty-five years ago, Congress passed the Education for All
Handicapped Children Act. This landmark legislation established the
federal policy of ensuring that all children, regardless of nature or
severity of their disability, have the right to a free appropriate
public education in the least restrictive environment. Throughout the
years, Congress has seen fit to update this legislation, first to
create a preschool grant program and an early intervention program to
serve the needs of children starting at birth and going through the age
of five. Since 1990, this program has been known as the Individuals
with Disabilities Education Act (IDEA). Improvements made to IDEA in
1997 changed the focus of the educational process of disabled children
from the procedural requirements to individualized education programs
to better serve our children. In 1997, we also implemented behavioral
and intervention strategies for those children whose behavior impedes
the learning process.
Today, IDEA serves approximately 200,000 infants and toddlers,
600,000 preschoolers, and 5,400,000 children from 6 to 21 years old. It
is through efforts of this program that we have seen a substantial
increase in the numbers of disabled students graduate high school, and
the number of disabled students who enroll in college.
However, much still needs to be done to make this program reach its
potential. Almost twenty-five years after its enactment, this program
is only being funded at 13% of the federal share. Originally Congress
committed itself to covering 40% of the costs of this program. Since
1995, the funding for this program has increased by almost 115%, which
is an increase of over $2.6 billion. Yet, even after this sustained
funding increase, this program is still grossly underfunded.
When I arrived in Congress in 1995, I began working with Chairman
Goodling to fight for increased funding for this program. Throughout
the past six years, full funding for this program has remained one of
my top education priorities. If the federal government fully funded its
share of the costs of this program, my own state of New York would have
received $1.087 billion for fiscal year 2000, instead of the $344.3
million it did get. Fully funding our part would help to ease the
burdens on our local taxpayers who bear the brunt of education costs.
Mr. Speaker, I greatly appreciate the opportunity to have worked with
Chairman Goodling over the past several years. His commitment to
education is clear through his long history as a school teacher,
principal and superintendent and his efforts on behalf of our
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children and our nation will not soon be forgotten.
Mr. Speaker, I urge my colleagues to support this resolution and
continue to make full funding of IDEA a priority in the future. Our
children deserve no less.
Mr. GOODLING. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. LaHood). The question is on the motion
offered by the gentleman from Pennsylvania (Mr. Goodling) that the
House suspend the rules and agree to the concurrent resolution, House
Concurrent Resolution 399.
The question was taken.
Mr. GOODLING. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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