HR 5180 IH

106th CONGRESS

2d Session

H. R. 5180

To amend the Individuals with Disabilities Education Act to provide full funding for assistance for education of all children with disabilities.

IN THE HOUSE OF REPRESENTATIVES

September 14, 2000

Mr. BASS (for himself, Mr. FRANKS of New Jersey, Mr. HORN, Mrs. MORELLA, and Mr. BEREUTER) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the Individuals with Disabilities Education Act to provide full funding for assistance for education of all children with disabilities.

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 `Mandatory IDEA Full Funding Act of 2000'.

SEC. 2. PURPOSE.

The purpose of this Act is to attain the Federal Government's goal under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) of providing 40 percent of the national current average per pupil expenditure to assist States and local educational agencies with the excess costs of educating children with disabilities and to make such funding mandatory.

SEC. 3. AMOUNT OF GRANT FOR STATES UNDER PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

(a) IN GENERAL- Section 611(a) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(a)) is amended--

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraph (1) the following:

`(2) MINIMUM AMOUNTS- The minimum amount of the grant a State shall receive under this section is--

`(A) the number of children with disabilities in the State who are receiving special education and related services--

`(i) aged 3 through 5 if the State is eligible for a grant under section 619; and

`(ii) aged 6 through 21; multiplied by

`(B) the following percentages of the average current per-pupil expenditure in public elementary and secondary schools in the United States for the following fiscal years:

`(i) 20 percent for fiscal year 2002;

`(ii) 25 percent for fiscal year 2003;

`(iii) 30 percent for fiscal year 2004;

`(iv) 35 percent for fiscal year 2005; and

`(v) 40 percent for fiscal year 2006 and each subsequent fiscal year.'.

(b) CONFORMING AMENDMENTS- (1) Section 611 of the Individuals with Disabilities Education Act (20 U.S.C. 1411) is amended by striking subsection (j).

(2) Section 611 of the Individuals with Disabilities Education Act (20 U.S.C. 1411), as amended by paragraph (1), is further amended--

(A) in subsection (b)(1), by striking `From the amount appropriated for any fiscal year under subsection (j), the Secretary shall reserve not more than one percent, which shall be used' and inserting `From the amount available for any fiscal year to carry out this part (other than section 619), the Secretary shall use not more than one percent';

(B) in subsection (c), by striking `From the amount appropriated for any fiscal year under subsection (j), the Secretary shall reserve' and inserting `From the amount available for any fiscal year to carry out this part (other than section 619), the Secretary shall use';

(i) in paragraph (1)--

(I) by striking `(1) IN GENERAL- '; and

(II) by striking `paragraph (2) or subsection (e), as the case may be' and inserting `subsection (e)'; and

(ii) by striking paragraph (2);

(D) in subsection (e)--

(i) in the heading, by striking `PERMANENT';

(ii) in paragraph (1)--

(I) by striking `subsection (d)(1)' and inserting `subsection (d)'; and

(II) by inserting after `subsection (j)' the following: `(as such subsection was in effect on the day before the date of the enactment of the Mandatory IDEA Full Funding Act of 2000)'; and

(iii) in paragraph (3)(B)--

(I) in clause (ii)--

(aa) in subclause (I)(bb), by striking `amount appropriated under subsection (j)' and inserting `amount available to carry out this part (other than section 619)';

(bb) in subclause (II)(bb), by striking `appropriated' and inserting `available'; and

(cc) in subclause (III)(bb), by striking `appropriated' and inserting `available'; and

(II) in clause (iii)(II), by striking `appropriated' and inserting `available';

(E) in subsection (g)--

(i) in paragraph (2)--

(I) by striking subparagraph (A);

(II) by striking `(B) PERMANENT PROCEDURE- ';

(III) by redesignating clauses (i) and (ii) and subclauses (I) and (II) as subparagraphs (A) and (B) and clauses (i) and (ii), respectively; and

(IV) in subparagraph (B) (as redesignated), by striking `clause (i)' and inserting `subparagraph (A)'; and

(ii) in paragraph (3)(A)--

(i) in clause (i)(I), by striking `appropriated' and inserting `available';

(ii) in clause (ii), by striking `appropriated' and inserting `available'; and

(F) in subsection (i)(3)(A), by striking `appropriated under subsection (j)' and inserting `available to carry out this part (other than section 619)'.

END