SENATE CONCURRENT RESOLUTION 135--RECOGNIZING THE 25TH ANNIVERSARY OF THE ENACTMENT OF THE EDUCATION FOR ALL HANDICAPPED CHILDREN ACT OF 1975 -- (Senate - September 13, 2000)

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   Mr. JEFFORDS (for himself, Mr. KENNEDY, Mr. GREGG, Mr. DODD, Mr. DEWINE, Mr. HARKIN, Mr. ENZI, Ms. MIKULSKI, Ms. COLLINS, Mr. BINGAMAN, Mr. HAGEL, Mr. WELLSTONE, Mrs. MURRAY, Mr. REED, Mr. FRIST, and Mr. HUTCHINSON) submitted the following concurrent resolution; which was referred to the Committee on Health, Education, Labor, and Pensions:

   S. Con. Res. 135

   Whereas the Education for All Handicapped Children Act of 1975 (Public Law 94-

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142) was signed into law 25 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 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 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 IDEA currently serves an estimated 200,000 infants and toddlers, 600,000 preschoolers, and 5,400,000 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 away from their families;

   Whereas the number of children with disabilities who complete high school 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 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 changes made in 1997 also addressed the need to implement behavioral assessments and intervention strategies for children whose behavior impedes learning to ensure that they receive appropriate supports in order to receive a quality education;

   Whereas IDEA ensures 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 115 percent since 1995, which is an increase of over $2,600,000,000;

   Whereas the 1997 amendments to IDEA increased the amount of Federal funds that have a direct impact on students through improvements such as capping allowable State administrative expenses, which ensures that nearly 99 percent of funding increases directly reach local schools, and requiring mediation upon request by parents in order to reduce costly litigation;

   Whereas such amendments also ensured that students whose schools cannot serve them appropriately and students who choose to attend private, parochial, and charter schools have greater access to free appropriate services outside of traditional public schools;

   Whereas IDEA has supported, through its discretionary programs, more than two decades of research, demonstration, and training in effective practices for educating children with disabilities, enabling teachers, related services personnel, and administrators effectively to meet the instructional needs of children with disabilities of all ages;

   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 of children with disabilities: Now, therefore, be it

    Resolved by the Senate (the House of Representatives concurring), That the Congress--

    (1) recognizes the 25th 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, their parents, teachers, related services personnel, and administrators; 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.

   Mr. JEFFORDS. Mr. President, I rise to introduce a resolution commemorating the 25th anniversary of the signing of the Education for All Handicapped Children Act--known today as the Individuals with Disabilities Education Act, or IDEA. I am joined in this effort by many of my colleagues in the Senate and by Chairman GOODLING and others in the House, who are proposing a companion resolution today.

   On November 29, 1975, President Gerald Ford signed landmark legislation which became Public Law 94-142. With the stroke of his pen, he opened the doors of our public schools to millions of children with disabilities. Public Law 94-142 serves as the foundation of our national commitment to assuring that children with disabilities have the same opportunity as all other American children to develop their talents, share their gifts, and contribute to their communities. Over the years, we have built upon this foundation by expanding its reach to pre-school children through early intervention programs.

   This anniversary holds a special meaning for me. I am one of the few members now in this body who were present at the time the Education for All Handicapped Children Act was approved. It was one of the first pieces of legislation I worked on as a freshman member of the House of Representatives. At that time, despite a clear Constitutional obligation to educate all children, regardless of disability, thousands of disabled students were denied access to a public education.

   I was an original sponsor of Public Law 94-142 and had the opportunity to serve on the House-Senate conference committee which developed the final bill. Since then, I have actively supported the improvements made to the legislation over the past quarter century. I take great satisfaction in the extraordinary record of success this Act has built.

   IDEA currently serves an estimated two hundred thousand infants and toddlers; six hundred thousand pre-schoolers; and almost 5.5 million children aged 6 to 21. The drop-out rate for this population has decreased, while the graduation rate has increased substantially. The number of young adults with disabilities enrolling in college has more than tripled. The number of children with developmental disabilities who live in state institutions, away from their families, has also been dramatically reduced.

   Each one of these numbers represents a child whose life has been improved because we recognized the value of educating all our children. The contribution we made through legislation is an important one, but the real credit belongs to the people on the front lines who have seen to it that our goals have become realities. Teachers, related services personnel, administrators, professional and advocacy organizations, parents of children with disabilities, and the children themselves work each day to assure the promise of IDEA burns brightly.

   Today we celebrate the progress that we have made in special education since 1975. It is also an appropriate time to consider the challenges and opportunities which lie ahead. I cannot talk about IDEA without mentioning yet again our unfulfilled promise. In 1975, Congress promised our 16,000 school districts that we would provide special education funding at 40% of the national average per pupil expenditure. As we all know, IDEA has never been funded at that level. We have improved our record in recent years, with large increases in appropriations. Even with this infusion of funds, the federal government provides less than 13% of the cost of special education services. We need to do more, and now is the time to do it.

   The knowledge base we have developed over the past 25 years, coupled with continued advances in technology, hold the promise for astonishing progress in the future for students with disabilities. These students can now communicate, explore the world through the internet, and be mobile in ways we could not have imagined in 1975. If we are willing to commit the necessary resources, there is virtually no limit to the advances we could see over the next 25 years. I urge all my colleagues to join in supporting this resolution and in reaffirming the values and principles underlying IDEA.

   Ms. COLLINS. Mr. President, I am pleased to be a cosponsor of the Resolution Commemorating the 25th Anniversary of the Individuals with Disabilities Education Act. This law has had a very positive impact on the lives of millions of disabled Americans. In fact, since its enactment, the number of children with disabilities who complete high school has grown significantly, and the number who enroll in college has more than tripled. Academic achievement is increasing, along with

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the nation's expectations about the abilities of children with disabilities. Our commitment to a quality education for everybody now extends to America's six million students with disabilities.

   We know that special education is not a ``place'' or a ``label,'' but a set of services that allow children to succeed in school, go on to lead productive lives, and enter the world of work. This is something that matters to me because it means so much to the people in Maine who have been able to lead productive lives because the Individuals with Disabilities Education Act afforded them the quality education they deserved.

   This is why we need to increase consistently the Federal financial support for the Individuals with Disabilities Education Act--so that the Federal Government does, in fact, pay each school in America 40 percent of the national average per pupil expenditure for every special education student enrolled. Washington made that promise to our local communities when it passed IDEA.

   For example, this year in Maine, local schools will receive only $702 per special education student under IDEA--$1698 per student less than the $2400 it would receive if the Federal Government paid its share. In total, Maine will receive $60 million less than it was promised. According to the U.S. Department of Education, the unmet amount stands at an astounding $11 billion nationally. We cannot continue to shift this burden to our local communities. We must meet the Federal commitment to help pay for special education costs.

   Let us take the 25th anniversary of the Individuals with Disabilities Education Act to recognize the positive impact this law has on every community in the United States, but let us not forget our Federal commitment of 40 percent to help our schools and communities implement the Individuals with Disabilities Education Act.

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