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(Ordered to lie on the table.)
Mr. VOINOVICH submitted an amendment intended to be proposed by him to the bill, S. 2, supra; as follows:
At the end of title X, insert the following:
SEC. __. INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
Title X (20 U.S.C. 6301 et seq.) is amended by adding at the end the following:
``PART F--INDIVIDUALS WITH DISABILITIES EDUCATION ACT
``SEC. 10601. INDIVIDUALS WITH DISABILITIES EDUCATION ACT FUNDING.
``(a) SHORT TITLE.--This section may be cited as the `State and Local Educators Empowerment Act'.
``(b) PURPOSE.--The purpose of this section is to authorize local education leaders to fund selected programs by giving such leaders the flexibility to spend education dollars on programs under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
``(c) FINDINGS.--Congress makes the following findings:
``(1) All children deserve a quality education, including children with disabilities.
``(2) Programs implemented under the Individuals with Disabilities Education Act have been successful in enabling children with disabilities to participate more fully in mainstream schools.
``(3) The Individuals with Disabilities Education Act provides that the Federal Government and State and local governments are to share in the expense of educating children with disabilities and commits the Federal Government to provide funds to assist with the expenses of educating children with disabilities.
``(4) The amount of Federal money spent on education programs continues to grow at an enormous rate from $21,000,000,000 in 1991 to more than $35,000,000,000 in 2000.
``(5) The cost of educating a child with special educational needs is far greater than the cost of educating a child without such needs.
``(6) The Individuals with Disabilities Education Act represents a commitment by the Federal Government to fund 40 percent of the average per-pupil expenditure on special education in public elementary and secondary schools in the United States.
``(7) Education leaders throughout the Nation support honoring the commitment in the Individuals with Disabilities Education Act to fully fund programs carried out under such Act.
``(8) To date, the Federal Government has never contributed more than 12.6 percent of the national average per pupil expenditure to assist with the expenses of educating children with disabilities under the Individuals with Disabilities Education Act.
``(9) Failing to meet the Federal Government's commitment to assist with the expense of educating a child with a disability contradicts the goal of ensuring that children with disabilities receive a quality education.
``(10) The failure of the Federal Government to provide full funding for programs under the Individuals with Disabilities Education Act results in placing a great burden on the States by creating an unfunded mandate.
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``(11) The mandate impedes the ability of State and local education leaders to fund their own education priorities, such as hiring new teachers, building schools, providing after-school programs, improving technology and training in schools, and creating community learning centers.
``(d) INDIVIDUALS WITH DISABILITIES EDUCATION ACT FUNDING.--
``(1) IN GENERAL.--Notwithstanding any other provision of law, a local educational agency may use funds--
``(A) made available to the local educational agency under this Act (other than under title I) pursuant to a State grant program established on or after the date of enactment of the Educational Opportunities Act, or
``(B) made available to the local educational agency under this Act (other than under title I) pursuant to a State grant program that is in excess of the amount made available to the local educational agency under the State program for fiscal year 2000,
to carry out part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
``(2) STATE GRANT PROGRAM.--In this part, the term `State grant program' means any program carried out under this Act (other than under title I) in which the Secretary awards grants to States on a discretionary basis or on the basis of a formula. Such term does not include a program under this Act in which the Secretary awards grants to States on a competitive basis or in which the State awards grants to local educational agencies on a competitive basis.''.
END