[Congressional Record Volume 156, Number 149 (Tuesday, November 16, 2010)]
[House]
[Pages H7482-H7484]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   RECOGNIZING 35TH ANNIVERSARY OF THE EDUCATION FOR ALL HANDICAPPED 
                              CHILDREN ACT

  Ms. HIRONO. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res. 329) recognizing the 35th 
anniversary of the enactment of the Education for All Handicapped 
Children Act of 1975.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 329

       Whereas the Education for All Handicapped Children Act of 
     1975 (Public Law 94-142), which amended the State grant 
     program under part B of the Education of the Handicapped Act 
     (Public Law 91-230), was enacted into law 35 years ago on 
     November 29, 1975;
       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 of 1975 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 the IDEA was amended in 1997 to ensure children 
     with disabilities are involved, and make progress, in the 
     general education curriculum and are included in all general 
     State and district-wide assessment programs;
       Whereas IDEA was amended in 2004 to ensure that all 
     children with disabilities have available to them a free 
     appropriate public education that emphasizes special 
     education and related services designed to meet their unique 
     needs and support them in transitioning to further education, 
     employment, and independent living;
       Whereas IDEA currently serves an estimated 342,000 infants 
     and toddlers, 709,000 preschoolers, and 5,890,000 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 that are away from their families, 
     costly, inappropriate, and isolated;
       Whereas the number of children with disabilities who 
     complete high school with a standard diploma 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 and 2004 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 IDEA, along with the Elementary and Secondary 
     Education Act of 1965, holds schools accountable for the 
     academic performance of students with disabilities;

[[Page H7483]]

       Whereas IDEA requires 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 81 percent since 2001, which is an increase of over 
     $5,160,000,000;
       Whereas IDEA has supported, through its discretionary 
     programs, more than 4 decades of research, demonstration, and 
     training in effective practices for educating and assessing 
     children with disabilities, enabling teachers, related 
     services personnel, and administrators to effectively meet 
     the instructional and assessment needs of children with 
     disabilities of all ages;
       Whereas the challenges associated with providing a free 
     appropriate public education to every child with a disability 
     continue despite 35 years of IDEA implementation, including 
     low expectations and an insufficient focus on applying 
     replicable research on proven methods of teaching and 
     learning for children with disabilities, requiring a 
     continued commitment to improvement; and
       Whereas IDEA continues to serve as the framework to marshal 
     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 35th 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 personnel, and administrators; and
       (3) reaffirms its support for the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.) so that 
     all children with disabilities have--
       (A) access to a free appropriate public education; and
       (B) an equal opportunity to benefit from the general 
     education curriculum and be prepared for further education, 
     employment, and independent living.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Hawaii (Ms. Hirono) and the gentleman from Pennsylvania (Mr. Thompson) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Hawaii.


                             General Leave

  Ms. HIRONO. Mr. Speaker, I request 5 legislative days during which 
Members may revise and extend and insert extraneous material on House 
Concurrent Resolution 329 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Hawaii?
  There was no objection.
  Ms. HIRONO. I yield myself as much time as I may consume.
  Mr. Speaker, I rise today in support of House Concurrent Resolution 
329, which recognizes the 35th anniversary of the Education for All 
Handicapped Children Act of 1975, later renamed the Individuals with 
Disabilities Education Act. This historic statute guarantees that all 
children, regardless of the nature of their disability, have the right 
to a free, appropriate public education.
  Prior to IDEA, many children with disabilities were placed in 
segregated institutions with no expectation for success. As a result of 
IDEA, children with disabilities have been increasingly included in 
general education settings and have had the opportunity to receive the 
same education as their non-disabled peers.
  Over the years, the original bill has been amended several times to 
bolster educational opportunities for children with disabilities. An 
amendment in 1986 created preschool grant programs for children ages 3 
to 5 and early intervention programs for those under the age of 3.
  In 1997 IDEA was again amended to ensure that students with 
disabilities have access to the general education curriculum and are 
fully included in State assessments. In 2004, all students with 
disabilities were guaranteed to receive an education that considers 
their transition to higher education, employment and independent 
living.
  Currently, IDEA serves about 350,000 infants and toddlers, 700,000 
preschoolers, and 5.9 million children ages 6 through 21. In Hawaii 
nearly 18,000 students receive IDEA services in grades K-12. Since the 
enactment of IDEA, the number of students with disabilities graduating 
from high school with a regular diploma and enrolling in college has 
increased dramatically. However, we still face challenges in providing 
a free and appropriate education to children with disabilities, and 
student outcomes remain too low.
  As we celebrate the successes of IDEA, we must continue to improve 
access to free and appropriate education for students with 
disabilities. We must ensure that all students are held to high 
expectations and have the opportunity to succeed.
  Mr. Speaker, I would like to thank my fellow Members for cosponsoring 
this legislation and again express my support for House Concurrent 
Resolution 329, which recognizes the 35th anniversary of the enactment 
of the Education for all Handicapped Children Act of 1975, also known 
as the Individuals with Disabilities Education Act. I urge my 
colleagues to join me in supporting this resolution.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1750

  Mr. THOMPSON of Pennsylvania. I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of House Concurrent Resolution 
329, which recognizes the 35th anniversary of the enactment of the 
Individuals with Disabilities Education Act, or IDEA.
  Thirty-five years ago, President Gerald Ford signed the Education for 
All Handicapped Children Act into law. This historic legislation, now 
known as the Individuals with Disabilities Education Act, was a major 
milestone in the quest to end the chronic exclusion and miseducation of 
students with exceptional needs. More than any other law to date, this 
legislation helped open the door to fairness and access for millions of 
children with disabilities and paved the way to greater educational 
access.
  As recent as 40 years ago, most States excluded students with 
disabilities from public schools. All that began to change in 1971. In 
PARC v. Pennsylvania, a class-action lawsuit filed in my home State, 
the U.S. District Court ruled, for the first time, that the State had a 
legal duty to educate students with intellectual disabilities, and that 
the U.S. Constitution guarantees of equal protection and due process 
prevent schools from excluding disabled children solely on the basis of 
their disabilities. This monumental decision was followed by similar 
decisions in 27 States and the District of Columbia.
  During this time and shortly thereafter, Congress amended the 
Elementary and Secondary Education Act to include funds for the 
education of disabled children and created a Bureau of Education for 
the Handicapped within the U.S. Office of Education. It also boosted 
funding for States under the Education for the Handicapped Act of 1970 
and required States to detail their plans for achieving the goal of 
full educational opportunities for disabled students. It also passed 
section 504 of the Rehabilitation Act of 1973, which granted specific 
protections to disabled students. But it wasn't until 1975, with the 
passage of the Education for All Handicapped Children Act, that States 
and school districts were required to provide a free appropriate public 
education to students with disabilities.
  Under the law, each child must have an Individualized Education 
Program, or IEP, that details the range of services to be provided and 
where a student's education is to take place, with a heavy preference 
for the mainstreaming of disabled children whenever possible. The law 
also mandates that districts establish procedures for ensuring that 
parents are involved in the development of each IEP and they have a 
voice in the district's decisions about the range of services it will 
provide.
  In 2004, Congress passed the Individuals with Disabilities Education 
Improvement Act to reauthorize the law. During this latest renewal, we 
worked to strengthen the focus on academic achievement through the 
development of the child's IEP, gave parents more control over the 
education of their children, fostered better communication between 
parents and school district officials, and supported high-quality 
special education teachers.
  While there is still much work that remains, including meeting the 
Federal

[[Page H7484]]

commitment to provide 40 percent of the excess cost of educating 
students with disabilities, there is no doubt that IDEA has been an 
important part of ensuring that students with disabilities are able to 
become full and productive members of society.
  Mr. Speaker, I urge my colleagues to support House Concurrent 
Resolution 329.
  I yield back the balance of my time.
  Ms. HIRONO. Once again, I urge all of my colleagues to support this 
resolution, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Hawaii (Ms. Hirono) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 329.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. HIRONO. 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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