[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;
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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
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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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