[Congressional Record Volume 151, Number 151 (Tuesday, November 15, 2005)]
[House]
[Pages H10182-H10185]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RECOGNIZING 30TH ANNIVERSARY OF ENACTMENT OF EDUCATION FOR ALL
HANDICAPPED CHILDREN ACT OF 1975
Mr. CASTLE. Mr. Speaker, I move to suspend the rules and agree to the
concurrent resolution (H. Con. Res. 288) recognizing the 30th
anniversary of the enactment of the Education For All Handicapped
Children Act of 1975 and reaffirming support for the Individuals With
Disabilities Education Act so that all children with disabilities have
access to a free appropriate public education in the least restrictive
environment.
The Clerk read as follows:
H.R. 288
Whereas the Education for All Handicapped Children Act of
1975 (Public Law 94-142) was signed into law 30 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 priority 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 aged 3 through 5 and an early
intervention program for infants and toddlers with
disabilities under 3 years of age and their families;
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 269,000 infants
and toddlers, 679,000 preschoolers, and 6,000,000 children
aged 6 to 21;
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 with standard diplomas 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 promotes partnerships between parents of
children with disabilities and education professionals in the
design and implementation of the special education and
related services provided to children with disabilities;
Whereas IDEA has raised the Nation's expectations regarding
the abilities of children with disabilities by requiring
access to the general education curriculum;
Whereas the 2004 reauthorization of IDEA ensures that
children with disabilities are guaranteed a quality education
based on the high academic standards required under the No
Child Left Behind Act of 2001 (Public Law 107-110);
Whereas the 2004 reauthorization strengthens IDEA's focus
on the educational results of children with disabilities and
better prepares those children for employment or further
education beyond high school;
Whereas the 2004 reauthorization further enables special
education teachers, related services providers, other
educators, and State and local educational agencies to focus
on promoting the academic achievement of children with
disabilities;
Whereas the 2004 reauthorization maintains the necessary
procedural safeguards that guarantee the rights of children
with disabilities and their parents while encouraging the
mutual resolution of disputes and reducing unnecessary
litigation;
Whereas the 2004 reauthorization continues to ensure the
provision of a free appropriate public education to students
referred to a private school by a public agency and ensures
the provision of special education and related services to
students placed by their parents in private schools;
Whereas, although the Federal Government has not yet met
its commitment to fund IDEA at 40 percent of the average per
pupil expenditure, it has increased IDEA funding over the
last decade from $2.3 billion to $10.6 billion and increased
its percentage share of the average per pupil expenditure
from 7.8 percent to 18.6 percent;
Whereas the 2004 reauthorization ensures that the vast
majority of funds will go directly to the classroom and
provides States and local educational agencies additional
flexibility to provide for the costs of educating high need
children with disabilities;
Whereas IDEA has supported, through its discretionary
programs, three decades of research, demonstration, and
personnel preparation in effective practices for educating
children with disabilities, enabling teachers, related
services providers, and other educators to effectively meet
the educational needs of all children;
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 for children with disabilities: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) recognizes the 30th 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 and their parents, teachers,
related services providers, and other educators; 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
Delaware (Mr. Castle) and the gentleman from Texas (Mr. Hinojosa) each
will control 20 minutes.
The Chair recognizes the gentleman from Delaware (Mr. Castle).
General Leave
Mr. CASTLE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on H. Con. Res. 288.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Delaware?
There was no objection.
Mr. CASTLE. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H. Con. Res. 288, which I introduced with a
bipartisan group of my colleagues. The resolution importantly
recognizes the 30th anniversary of the enactment of the Education for
All Handicapped Children Act of 1975, what we all know as the
Individuals With Disabilities Education Act, or IDEA. Not only does
this resolution recognize the act's anniversary but also reaffirms this
body's support for IDEA.
For too many years, children with disabilities were denied access to
public education. However, with the passage of the Education for All
Handicapped Children Act in 1975, the doors of educational opportunity
were opened. Today, more than ever, students with disabilities have an
opportunity to accomplish their goals.
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According to the Department of Education, about 6.6 million students
currently participate in these programs across the Nation. Signed into
law on November 29, 1975, the Act established
[[Page H10183]]
the Federal priority of ensuring that all children, regardless of the
nature or severity of their disability, have available to them what has
become the tenet of IDEA, a free, appropriate public education in the
least restrictive environment.
In 1986 we expanded the program to serve children with disabilities
age 3 through 5, and created an early intervention program for infants
and toddlers with disabilities under 3 years of age and their families.
The successes over the past 30 years are worth stating. Based on data
from the U.S. Department of Education, since enactment there has been a
dramatic reduction in the number of children with developmental
disabilities who must live in State institutions away from their
families.
The number of children with disabilities who complete high school
with standard diplomas has grown significantly since the enactment of
IDEA. The number of children with disabilities who enroll in college as
freshman has more than tripled since the enactment of IDEA. And IDEA
has raised the Nation's expectations regarding the abilities of
children with disabilities by requiring access to the general education
curriculum.
Last December, President Bush signed into law the latest
reauthorization of IDEA. The evolution of the Act, its successes and
other education reforms played an integral role in the reauthorization.
The 2004 reauthorization aligns IDEA with the No Child Left Behind Act
by guaranteeing children with disabilities a quality education based on
high academic standards. Along these same lines, we strengthened the
focus on the educational results of children with disabilities to
better prepare these children for employment or an education beyond
high school.
I am pleased that we are able to come together to recognize the good
that has been done and to recognize the parents, students and educators
impacted over the past 30 years. My hope for the future is that we
continue to find ways to raise the achievement of students with
disabilities and ensure that they have the services necessary to do so.
I ask my colleagues to support my resolution.
Mr. Speaker, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Speaker, I yield myself such time as I may consume.
I rise to support H.R. 288, recognizing the 30th anniversary of the
Education for All Handicapped Children Act of 1975, now known as the
Individuals With Disabilities Education Act, or by the acronym IDEA. I
am proud to join our committee chairmen, chairman of the committee of
the whole, Mr. Boehner, and the chairman of one of the subcommittees,
Mr. Castle, as well as our ranking members, Mr. Miller and Ms. Woolsey,
to commemorate this important occasion.
I remember the hope that was ushered in with the passage of the
Education for All Handicapped Children Act of 1975. As a member of the
Texas State Board of Education at that time, I chaired the Committee on
Special Populations which oversaw programs for migrant children,
bilingual education programs for limited English proficient children,
gifted and talented programs and programs for children with
disabilities. In those days, it was a struggle to provide even basic
access to schools for children with disabilities.
We have come a long way. IDEA currently serves an estimated 269,000
infants and toddlers, as well as 679,000 preschoolers and 6 million
children ages 6 to 21. There has been a dramatic reduction in the
number of children with developmental disabilities who must live in
State institutions away from their families. The number of children
with disabilities who complete high school with standard diplomas has
also grown significantly since the enactment of IDEA.
Finally, the number of children with disabilities who enroll in
college as freshmen has more than tripled since the enactment of IDEA
30 years ago.
Although we have come a long way, we still have a way to go. The
Federal Government's promise to schools across the country was to share
40 percent of the cost of providing free and appropriate public
education to children with disabilities. Today, in 2005, we are only
halfway there and seem to have lost our momentum.
In 2004, IDEA reauthorization authorized full funding by the year
2011. Unfortunately, the President's fiscal year 2006 budget proposal
for IDEA, part B, was $3.5 billion less than the authorized level for
fiscal year 2006. The House fiscal year 2006 bill is about $3.9 billion
less than the authorized level.
Mr. Speaker, it seems to me that if we continue to increase IDEA
funding at the same percentage as the increase between fiscal year 2005
and the 2006 House bill, we will never reach full funding.
As we celebrate the 30th anniversary of this landmark education and
civil rights act, let us redouble our commitment to keeping our
congressional commitment and promise in 2004 to fully fund IDEA.
Mr. Speaker, I reserve the balance of my time.
Mr. CASTLE. Mr. Speaker, I yield such time as he may consume to the
gentleman from Ohio (Mr. Boehner), chairman of the Education and
Workforce Committee.
Mr. BOEHNER. Mr. Speaker, let me thank the gentleman from Delaware
(Mr. Castle) who has worked on IDEA issues for a long time; thank him
for bringing this resolution to the floor today, he and Ranking Member
Woolsey from California, who have brought this resolution honoring the
30 years since the passage of the first IDEA bill.
For far too long in our history, we treated people with disabilities
as outside of the mainstream of American society. The opportunity to
serve those children prior to the passage of IDEA in 1975 was often
haphazard. Certainly there was not any organization to it, and many
times these children were not in any school whatsoever. And I think
passage of IDEA clearly has sent a clear signal to all parents of
disabled children, all schools, that we believe that all children can
learn.
Just last year, we reauthorized the IDEA law. That, along with the
work that we did with No Child Left Behind, I think, presents a new
paradigm for special needs children. For far too long we judged the
accountability for educating those children by how many T's we could
cross and how many I's we could dot. Mountains of paperwork, but no
focus on the results that we were getting for those children.
Today, under No Child Left Behind and under the new IDEA law, the
paradigm has shifted to one of let us measure the results that we are
getting for all children, including those with special needs; and I
think what we are beginning to see are improved results. Because while
they may not learn at the same rate and while they may not attain the
same levels, these children can learn just like all other children. So
30 years of good work, I think, is something that we should be proud
of; and I appreciate the opportunity to take time and to remember how
far we have come over these last 30 years.
In 1975, when Congress passed IDEA, they made a commitment, a
commitment that said that we would pay up to 40 percent of the cost of
educating special needs children. Over the years, the education
community and others believed that the law said that we would spend 40
percent to educate special needs children. But I will remind you what
the original law says and what it says today is that we will spend up
to 40 percent and try to reach that.
It is really interesting that, from 1975 until the mid-1990s,
Congress paid little attention to the commitment that they gave to
those parents of special needs children and to educators who were
obliged to follow the law, and it really has only been over the last 10
or 12 years that we have made a real commitment to funding the needs of
these children.
If you go back to 1995, Congress at that time was spending $2.3
billion annually for the education of special needs children. Today,
that has grown to $10.6 billion, a 360 percent increase over these last
10 years. While we have not reached the goal of getting up to 40
percent of the cost, we are about halfway there. I think we have made
tremendous progress.
In 1995, we were paying about 6 percent of the cost of educating
these children. So we have made great strides. Do we need to continue
to do more? Yes, we do. And I think you will see another increase in
funding this year as the budget process begins to come to a close. I
think the commitment for Members on both sides of the aisle is
[[Page H10184]]
very strong to continue our commitment to increasing those funds.
Let me, lastly, remark that someone I would have hoped would have
been on the floor today is not here. In 1974, there was a new Member of
Congress, a member of our committee, happens to be the ranking Democrat
on our committee today, George Miller. George Miller, over these last
30 years that he has been a Member of Congress, probably has exhibited
more commitment to this issue and the education of children with
special needs than any Member.
I think that while we are pausing to remember the great things that
have happened since IDEA became law, we ought to take a moment to thank
our colleague, George Miller, who, without his commitment, without his
dedication to this cause, many Members of Congress may have forgotten.
Mr. HINOJOSA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I enjoyed listening to the remarks by our chairman of
the Education Committee. I, too, am saddened that the ranking member of
our committee, George Miller from California, and the ranking member of
one of the other committees that deals with this issue, Lynn Woolsey,
was unable to make the hearing so that they could participate and
express their own thoughts. But I can say this, that everything that
the chairman said is correct, that we have made great strides.
But coming from an area that has a great rural community in Texas
that I represent, I have met with many parents who have children who
need this type of education. Their children are disabled, and they talk
about the frustration that they have. They wish that the State
government would invest much more, together with our public schools.
Unfortunately, throughout the country, States find themselves lacking
the wherewithal and the financial ability to put more money into many
of our public schools. So it is up to the Federal Government, who has a
$2.5 trillion budget, to be able to find the money to increase that
investment as we promised 30 years ago and to get to that full funding
as we promised then, because I see a lot of potential in those disabled
children who, but for the money that the Federal Government could
invest, they are not getting the best education possible.
Mr. Speaker, I yield 4 minutes to the gentleman from Illinois (Mr.
Davis).
Mr. DAVIS of Illinois. Mr. Speaker, I am pleased to join with
Chairman Boehner, with Subcommittee Chairman Castle, with Mr. Miller,
who is not here, and certainly with Ms. Woolsey and the ranking member,
Mr. Hinojosa, in strong support of H. Con. Res. 288, which recognizes
the 30th anniversary of the enactment of the Education for All
Handicapped Children Act of 1975 and reaffirms support for individuals
with disabilities education.
This program currently serves 7 million children, and without it many
of those children would live in State institutions, would not have been
able to complete high school and would have no possibility of enjoying
the quality of life to which now they have the potential to enjoy.
{time} 1530
I have always been led to believe that the greatness of society can
be measured by how well it treats its old, how well it treats its
young, and how well it treats those who have difficulty caring for
themselves. I must say that I have been tremendously impressed with the
progress that we have made toward the goal of assuring every
handicapped child in our country optimal opportunity to experience the
educational attainment and personal development that they have the
potential to experience.
I agree that we have certainly come a long way and there is still
much further to go. I have had the good fortune of being fairly close
to the education of individuals with disabilities, and I can tell my
colleagues I had one of the greatest experiences of my life last year
when I gave a commencement address at the Neil Elementary School.
There were young people there who had difficulty speaking and needed
special equipment in order to be able to speak. There were individuals
who could not walk and were in wheelchairs or had other kinds of
devices that helped them move. But the interesting thing, and,
actually, it was one of those days that I actually left Washington to
go back to Chicago to participate in this activity. My sister was the
principal of that school, and I had promised her that I would be there
for the graduation.
But by the time the graduation ended, there was not a dry eye in the
auditorium. Because all of the teachers, all of the parents, all of the
students, all of the people who had come to be a part had become so
emotionally involved in what was taking place; and to see the glee and
excitement on the faces and to feel the emotion coming from these young
people, many of whom would never have been given any real chance at all
of reaching that level of education attainment, as I sat there and saw
that, I could not help but say to myself that no matter how difficult
funds may be to acquire, no matter how tight the budgets might be, that
we have no choice except to find every possible resource that we can to
put all of the funding into these special education programs and
activities. Because every time we change one life, then it has been
worth the whole effort.
Mr. HINOJOSA. Mr. Speaker, I yield back the balance of my time.
Mr. CASTLE. Mr. Speaker, just briefly, first of all, both of the
speakers on the other side of the aisle are men with whom I have worked
extensively on this program as well as others, and they have the
tremendous interests I think of the students, as we heard from their
testimony here today, at heart, and I think everybody over here does as
well.
I do get a little frustrated I guess at some of the economic
arguments here. The gentleman from Ohio (Mr. Boehner) pointed out that
over the last 10 years we have increased the funding for IDEA by 360
percent, from $2.3 billion to $10.6 billion, and comparably, before
that, the increases had never, ever gotten above 10 percent. We are up
to 20 percent now, and we are on a glide path, if you will, to try to
get to 40 percent before it is all said and done.
I think it is important to understand that because of the court-
ordered aspect and the way IDEA was born, that the States have the
responsibility to make up that difference. So, essentially, when we
pick up that extra amount of money, we are basically letting the States
spend that money on something else, which may or may not be
disabilities. Usually it is something else. And we are trying to
continue to move that along and give the States fuller funding. But a
tremendous effort has been done in a bipartisan way on that in the last
10 years. I just want to make sure that that is recognized.
I appreciate the comments from everybody on both sides of the aisle
on this. I think it is an important subject, and I hope that everybody
would support it.
Ms. WOOLSEY. Mr. Speaker, I was pleased to join my Subcommittee
Chairman, Mr. Castle, and many other Republicans and Democrats, in
introducing this resolution to commemorate the upcoming 30th
anniversary of the Individuals with Disabilities Education Act.
In 1975, when what we now call IDEA was passed as the Education for
All Handicapped Children Act, educating children with disabilities was
an afterthought at best.
IDEA marked a critical turning point in the lives of people with
disabilities, by ensuring that all children, regardless of their
disability, have available to them a free appropriate public education.
IDEA currently serves 269,000 infants and toddlers, 679,000
preschoolers, and 6,000,000 children aged 6 to 21.
It has assisted in a dramatic reduction in the number of children
with developmental disabilities who must live in State institutions
away from their families.
Under IDEA, the number of students with disabilities who graduate
from high school has grown significantly, and the number of students
with disabilities who enroll in college has more than tripled.
Unfortunately, as this resolution recognizes, the Federal Government
has not met even half of its commitment to fund IDEA at 40 percent of
the average per pupil expenditure. Today, 30 years later, we provide
States and school districts with only 18.6 percent of that amount.
Four years ago, during conference on the No Child Left Behind Act, we
could have included a bipartisan provision that would have fully funded
IDEA, but House Republican leaders refused to agree to that.
Today, I believe that the best way for Congress and the President to
commemorate
[[Page H10185]]
IDEA's 30th anniversary would be to fund IDEA at the levels authorized
in the 2004 reauthorization, which passed the House and Senate with
overwhelming bipartisan support.
Those levels would fully fund IDEA by 2011.
Unfortunately, less than a year later, the Republican-controlled
House has passed an appropriations bill that falls nearly $4 billion
short of the funding promised for this fiscal year.
At the rate of increase proposed by the Republican House for this
fiscal year, we would never--never--reach full funding.
I hope that my colleagues will join me in supporting both this
resolution and full funding for IDEA, so that the Federal Government
finally will keep its promise to all students, their parents, and their
teachers.
Mr. HOLT. Mr. Speaker, I rise today in support of H. Con. Res. 288,
recognizing the 30th anniversary of the Education for All Handicapped
Children Act. I am pleased to be an original cosponsor of this
resolution.
First introduced in 1975 as the Education for All Handicapped
Children Act and later as the Individuals with Disabilities Education
Act, or IDEA, this legislation has continued to be a vital part of
providing equal support for children with disabilities. Before its
passage, children with disabilities were either segregated from other
students or had little opportunity for education. Today, about 6.1
million children with disabilities are receiving special education and
related services.
As a former educator and a member of the Committee on Education and
the Workforce, I recognize the importance of continued Federal support
of special education. Research shows that when we invest in the
education of children with disabilities from birth throughout their
school years, our entire society benefits. Giving these children the
opportunities they deserve directly impacts their ability to live
independently as contributing members of society.
Congress reauthorized IDEA almost a year ago, and it has continued to
provide enormous support to children in dire need. However, as this
resolution states, we have not yet met our commitment to fund 40
percent of the additional average pupil expenditure. Until we fulfill
our responsibility, we are failing our Nation's children. This funding
is needed by school districts that must make up the difference of what
the Federal Government is not funding.
IDEA is a powerful civil rights law that was intended to provide
education to more than one million children who were marginalized
because of their disabilities. Today, it does much more. IDEA is based
on the premise that children in our society are capable of success, and
this law has raised the standards in education for all children. In
doing so, it has also produced much improved results, proving that when
we dedicate resources and attention to our children they can succeed.
IDEA requires teachers to be qualified and fair in their classrooms.
IDEA also protects and supports the parents of children with
disabilities. These parents have challenging, full-time jobs in raising
their children. However, when given the support that they need, their
children succeed. There cannot be a greater reward for a parent than
this.
This law focuses on results. It strives to direct funding to where it
makes a difference, to give teachers and schools the resources they
need to help students. I believe that more funding will produce greater
results. While we have, as a society, made great strides, we can not
let these children fall behind. I urge my fellow Representatives to
work towards full funding of this act.
We should be proud that we are now providing free and appropriate
public education to every child with a disability. This law adds to the
basic right of education the rights to fairness, support, and respect.
I join my fellow Representatives in celebrating the 30th anniversary of
the Education for All Handicapped Children Act.
Mr. HONDA. Mr. Speaker, I rise today in support of H. Con. Res. 288,
a resolution commemorating the 30th anniversary of the legislation that
led to the Individuals with Disabilities Education Act, IDEA.
On November 29, 1975, the Education for All Handicapped Children Act
was signed into law. Enactment of that legislation was a historic
achievement, ensuring for the first time access to education for
children with disabilities, regardless of the nature or severity of
their disability. Today, IDEA continues to provide for a free
appropriate public education for children with disabilities in the
least restrictive environment--in other words, it ensures educational
opportunities for children with special needs.
The expansion of IDEA to cover preschool aged children through a
grant program and to cover infants and toddlers through an early
intervention program has enabled the program to reach many more
students--currently IDEA serves an estimated 269,000 infants and
toddlers, 679,000 preschoolers, and 6,000,000 children aged 6 to 21.
Because these services are being delivered near their homes, IDEA has
helped to dramatically reduce the number of children with developmental
disabilities who must live in State institutions away from their
families.
The success of IDEA has been overwhelming. Under IDEA, the number of
children with disabilities who receive a high school diploma has
increased significantly and the number of children who enroll in
college has more than tripled. By promoting partnerships, between
parents and educators in the design and implementation of special
education and related :services for children with disabilities, IDEA
helps these children to reach their full potential and prepares those
children for employment or further education beyond high school.
As we recognize the 30th anniversary of IDEA today and reaffirm our
support for the legislation, I must note that the Federal Government is
still falling far short of its commitment to fully fund IDEA at 40
percent of the average per pupil expenditure. We are currently
providing funding at only 18.6 percent, less than half of what we
promised. While the teachers and students working under the auspices of
IDEA have been able to accomplish many great things, we should think
about all that is not being done, the students who are not reaching
their full potential and the teachers who cannot do all that they want
or need to do with their students, because IDEA is not being fully
funded.
We must live up to our commitment and fully fund IDEA, so that it can
truly live up to its potential and so that students with disabilities
can live up to their potential.
Mr. CASTLE. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Cole of Oklahoma). The question is on
the motion offered by the gentleman from Delaware (Mr. Castle) that the
House suspend the rules and agree to the concurrent resolution, H. Con.
Res. 288.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the concurrent resolution was
agreed to.
A motion to reconsider was laid on the table.
____________________