[Congressional Record Volume 149, Number 62 (Tuesday, April 29, 2003)]
[Senate]
[Pages S5488-S5490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HAGEL (for himself, Mr. Harkin, Mr. Warner, Mr. Chaffee, 
        Ms. Collins, Ms. Snowe, Mr. Coleman, Mr. Kennedy, Mr. Jeffords, 
        Mr. Dodd, Ms. Mikulski, Mrs. Clinton, Mrs. Murray, Mr. 
        Bingaman, and Mr. Reed.):
  S. 939. A bill to amend part B of the individuals with Disabilities 
Education Act to provide full Federal funding of such part, to provide 
an exception to the local maintenance of effort requirements, and for 
other purposes; to the Commitee on Health, Education, Labor, and 
Pensions.
  Mr. HAGEL. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 939

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``IDEA Full-Funding Act of 
     2003''.

     SEC. 2. AMENDMENTS TO IDEA.

       (a) Funding.--Section 611(j) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411(j)) is amended to 
     read as follows:
       ``(j) Funding.--For the purpose of carrying out this part, 
     other than section 619, there are authorized to be 
     appropriated--
       ``(1) $10,874,000,000 for fiscal year 2004, and, there are 
     hereby appropriated $2,000,000,000 for fiscal year 2004, 
     which shall become available for obligation on July 1, 2004 
     and shall remain available through September 30, 2005;
       ``(2) $12,874,000,000 for fiscal year 2005, and, there are 
     hereby appropriated $4,000,000,000 for fiscal year 2005, 
     which shall become available for obligation on July 1, 2005 
     and shall remain available through September 30, 2006;
       ``(3) $14,874,000,000 for fiscal year 2006, and, there are 
     hereby appropriated $6,000,000,000 for fiscal year 2006, 
     which shall become available for obligation on July 1, 2006 
     and shall remain available through September 30, 2007;
       ``(4) $16,874,000,000 for fiscal year 2007, and, there are 
     hereby appropriated $8,000,000,000 for fiscal year 2007, 
     which shall become available for obligation on July 1, 2007 
     and shall remain available through September 30, 2008;
       ``(5) $18,874,000,000 for fiscal year 2008, and, there are 
     hereby appropriated $10,000,000,000 for fiscal year 2008, 
     which shall become available for obligation on July 1, 2008 
     and shall remain available through September 30, 2009;
       ``(6) $20,874,000,000 for fiscal year 2009, and, there are 
     hereby appropriated $12,000,000,000 for fiscal year 2009, 
     which shall become available for obligation on July 1, 2009 
     and shall remain available through September 30, 2010;
       ``(7) $22,874,000,000 for fiscal year 2010, and, there are 
     hereby appropriated $14,000,000,000 for fiscal year 2010, 
     which shall become available for obligation on July 1, 2010 
     and shall remain available through September 30, 2011;
       ``(8) $24,635,000,000 or the sum of the maximum amounts 
     that all States may receive under subsection (a)(2), 
     whichever is lower, for fiscal year 2011, and, there are 
     hereby appropriated $15,761,000,000 for fiscal year 2011, 
     which shall become available for obligation on July 1, 2011 
     and shall remain available through September 30, 2012, except 
     that if the sum of the maximum amounts that all States may 
     receive under subsection (a)(2) is less than $24,635,000,000, 
     then the amount appropriated in this paragraph shall be 
     reduced by the difference between $24,635,000,000 and the sum 
     of the maximum amounts that all States may receive under 
     subsection (a)(2);
       ``(9) $25,329,000,000 or the sum of the maximum amounts 
     that all States may receive under subsection (a)(2), 
     whichever is lower, for fiscal year 2012, and, there are 
     hereby appropriated $16,455,000,000 for fiscal year 2012, 
     which shall become available for obligation on July 1, 2012 
     and shall remain available through September 30, 2013, except 
     that if the sum of the maximum amounts that all States may 
     receive under subsection (a)(2) is less than $25,329,000,000, 
     then the amount appropriated in this paragraph shall be 
     reduced by the difference between $25,329,000,000 and the sum 
     of the maximum amounts that all States may receive under 
     subsection (a)(2);
       ``(10) $26,005,000,000 or the sum of the maximum amounts 
     that all States may receive under subsection (a)(2), 
     whichever is lower, for fiscal year 2013, and, there are 
     hereby appropriated $17,131,000,000 for fiscal year 2013, 
     which shall become available for obligation on July 1, 2013 
     and shall remain available through September 30, 2014, except 
     that if the sum of the maximum amounts that all States may 
     receive under subsection (a)(2) is less than $26,005,000,000, 
     then the amount appropriated in this paragraph shall be 
     reduced by the difference between $26,005,000,000 and the sum 
     of the maximum amounts that all States may receive under 
     subsection (a)(2); and
       ``(11) such sums as may be necessary for fiscal year 2014 
     and each succeeding fiscal year.''.
       (b) Exception to the Local Maintenance of Effort 
     Requirements.--Section 613(a)(2)(B) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1413(a)(2)(B)) is 
     amended to read as follows:
       ``(B) Exception.--Notwithstanding the restriction in 
     subparagraph (A)(iii), a local educational agency may reduce 
     the level of expenditures, for 1 fiscal year at a time, if--
       ``(i) the State educational agency determines, and the 
     Secretary agrees, that the local educational agency is in 
     compliance with the requirements of this part during that 
     fiscal year (or, if appropriate, the preceding fiscal year); 
     and
       ``(ii) such reduction is--

       ``(I) attributable to the voluntary departure, by 
     retirement or otherwise, or departure for just cause, of 
     special education personnel;
       ``(II) attributable to a decrease in the enrollment of 
     children with disabilities;
       ``(III) attributable to the termination of the obligation 
     of the agency, consistent with this part, to provide a 
     program of special education to a particular child with a 
     disability that is an exceptionally costly program, as 
     determined by the State educational agency, because the 
     child--

       ``(aa) has left the jurisdiction of the agency;
       ``(bb) has reached the age at which the obligation of the 
     agency to provide a free appropriate public education to the 
     child has terminated; or
       ``(cc) no longer needs such program of special education;

       ``(IV) attributable to the termination of costly 
     expenditures for long-term purchases,

[[Page S5489]]

     such as the acquisition of equipment or the construction of 
     school facilities; or
       ``(V) equivalent to the amount of Federal funding the local 
     educational agency receives under this part for a fiscal year 
     that exceeds the amount the agency received under this part 
     for the preceding fiscal year, but only if these reduced 
     funds are used for any activity that may be funded under the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.).''.

       (c) Repeal.--Section 613(a)(2) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1413(a)(2)) is further 
     amended--
       (1) by striking subparagraph (C);
       (2) by redesignating subparagraph (D) as subparagraph (C); 
     and
       (3) in subparagraph (A)(iii), by striking ``paragraphs (B) 
     and (C)'' and inserting ``paragraph (B)''.
                                  ____

  Mr. HARKIN. Mr. President, today, Senator Hagel and I, and others 
introduce ``The IDEA Full Funding Act of 2003.'' This bill will provide 
increased mandatory funding for the Individuals with Disabilities 
Education Act, IDEA, and meet the Federal Government's commitment to 
pay 40 percent of the average per pupil expenditures. These additional 
funds will ensure that every child with a disability gets a free, 
appropriate public education.
  In 1975, when the IDEA was passed in the House and Senate, there was 
an agreement made by negotiators based on the understanding that the 
Federal Government's goal would be to provide 40 percent of the average 
per pupil expenditures in each local education area. There was no time 
frame placed on this goal, but since that time it has been understood 
that ``full funding'' for IDEA means reaching that 40 percent goal.
  For the past 28 years, we have put additional resources into IDEA but 
we have not come close to full funding. This bill will put our money 
where our mouth is and say that the federal government will be full 
partners with states and local governments in meeting the needs of 
children with disabilities.
  This bill fully funds the IDEA. It appropriates funds for the next 10 
years, gradually increasing the percentage of funds which are mandatory 
and increasing the amounts so that in year 8 we are at the level 
projected to equal 40 percent of the average per pupil expenditure. 
While we have seen welcome increases in IDEA spending over the past few 
years, past year increases do not guarantee future increases. This bill 
guarantees full funding, phased in over 8 years.
  This bill does not create a new entitlement program. It provides 
advanced appropriations for the next 10 years, but it has a set amount 
for each year, not an open-ended figure.
  This bill also provides incentive for compliance with the 
requirements of IDEA. If all of the IDEA-eligible children are getting 
the services that they are entitled to, then local property taxpayers 
get relief.
  Last year, the Senate passed an amendment to the reauthorization of 
the Elementary and Secondary Education Act which would have required 
full funding of IDEA. The full funding provision was not in the final 
conference report. Prior to that amendment, there have been 22 separate 
bills and resolutions in the House and Senate calling for full funding.
  This year, the time has come for full funding to make it into law. It 
has been 28 years since the Federal Government agreed to pay a share of 
IDEA and it is time to meet that goal.
  The IDEA has been remarkably successful. In 1975, only \1/5\ of 
children with disabilities received a formal education and several 
States had laws specifically excluding many children with disabilities, 
including those who were blind, deaf, or had mental health needs from 
receiving such an education. The most recent data on the number of 
children served under IDEA indicates that over 6 million children are 
currently benefiting from the law.
  Although IDEA has been successful, there is more work to be done. 
Every time I speak to school districts in Iowa, they tell me that the 
costs of special education are very difficult for them to manage. Some 
parents of children with disabilities also complain that their children 
are not getting the education promised by IDEA.
  This bill will provide significant additional resources. In 2003, we 
are funding $17.6 percent of the cost at 8.8 billion dollars. Under our 
bill, this number rises steeply to 22 percent of the cost and 10.8 
billion dollars in 2004. The increases continue until 2011, when we 
reach 40 percent and an expenditure of 24.6 billion. Iowa sees its 
funding rise from 96 million in 2003 to 278.3 million in 2011. We are 
more than doubling the resources going to special education in Iowa and 
elsewhere.
  I want to thank Senator Hagel for his ongoing leadership on this 
issue and for his work in achieving bipartisan support for this bill. I 
also want to thank Senators Kennedy, Jeffords and Dodd for their 
longstanding commitment to fully funding IDEA. In addition, I want to 
acknowledge all of the co-sponsors of this bill, who are joining me 
today in leading the way for Congress to finally pass full funding into 
law.
  This is a win-win-win bill. With this advance appropriations, 
students with disabilities will get the public education they have a 
right to, school districts will be able to provide services without 
cutting into their general education budgets, and in cases where all 
IDEA-eligible children are getting the services they are entitled to, 
property taxpayers get relief.
  Ms. MIKULSKI. Mr. President, I rise in support of the IDEA Full 
Funding Act of 2003. I'm so proud to cosponsor this important 
legislation. This bill provides mandatory increases for IDEA funding 
each year, so that the Federal Government will be paying its full share 
of the cost of special education by 2011. This legislation is long 
overdue. I think it's shocking that the President is fighting for tax 
breaks for zillionaires while delaying help for those who need it 
most--the children with special needs and their parents and teachers. 
We must fully fund IDEA to ensure that children with disabilities are 
receiving the services they need to succeed with their classmates in 
public schools.
  In 1975, Congress promised to pay 40 percent of the cost of special 
education when it passed the Individuals with Disabilities Education 
Act. Yet it has never paid more than 17.5 percent. That means local 
districts must make up the difference, either by cutting from other 
education programs or by raising taxes. I don't want to force States 
and local school districts to forage for funds, cut back on teacher 
training, or delay school repairs because the Federal Government has 
failed to live up to its commitment to special education. That's why 
fully funding IDEA is one of my top priorities.
  Everywhere I go in Maryland, I hear about IDEA. I hear about it in 
urban, rural, and suburban communities, from Democrats and Republicans, 
and from parents and teachers. They tell me that the Federal Government 
is not living up to its promise, that special education costs about 18 
percent of the average school budget, that schools are suffering, and 
the parents are worried.
  Parents today are under a lot of stress--sometimes working two jobs 
just to make ends meet, trying to find day care for their kids, and 
elder care for their own parents. The Federal Government shouldn't add 
to their worries by not living up to its obligations. With the Federal 
Government not paying its share of special ed these parents have real 
questions in their minds: Will my child will have a good teacher? Will 
the classes have up-to-date textbooks? Will they be learning what they 
need to know?
  Parents of disabled children face such a tough burden already. School 
should not be one of the many things they have to worry about, 
particularly when the laws are already on the books to guarantee their 
child a public school education. The bottom line is that the Federal 
Government is shortchanging these parents by not paying its share of 
special ed costs.
  This bill will give local governments the resources they need to 
improve education for all children. It will free up money in local 
budgets for hiring more teachers, buying new textbooks and technology, 
and repairing old school buildings. It will help the teachers who 
struggle with teaching the toughest students. It will help students 
with disabilities and their families by providing enough funding for 
special education programs so parents can have one less thing to worry 
about, and students get the opportunities they deserve.
  Full funding of IDEA is essential. It will give disabled children a 
chance to succeed in school and in life without

[[Page S5490]]

shortchanging other vital education programs. It will give parents 
peace of mind about their children's education. Let's pass this bill as 
soon as possible.
                                 ______