S.Amdt. 71Senate108th Congress (2003-2005)

To provide additional funding for part B of the Individuals with Disabilities Education Act.

What it does: Replaces “budget).” with new text
Submitted January 21, 2003

What it changes

1 change to H.J.Res. 2

Replaces text

We couldn't match these changes to the text of H.J.Res. 2, so they're shown as written.

  1. Replaces “budget).” with new text

    ReplacesPage 1052, line 25Printed page

    Struck: budget).

    Inserted: budget).

    Inserted: TITLE __--FUNDING EDUCATION FOR CHILDREN WITH DISABILITIES

    Inserted: SEC. __. HELPING CHILDREN SUCCEED BY FUNDING THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA).

    Inserted: Congress makes the following findings:

    Inserted: (1) All children deserve a quality education.

    Inserted: (2) In Pennsylvania Association for Retarded Children vs. Commonwealth of Pennsylvania (334 F. Supp. 1247)(E. Dist. Pa. 1971), and Mills vs. Board of Education of the District of Columbia (348 F. Supp. 866)(Dist. D.C. 1972), the courts found that children with disabilities are entitled to an equal opportunity to an education under the 14th amendment of the Constitution.

    Inserted: (3) In 1975, Congress passed what is now known as the Individuals with Disabilities Education Act (referred to in this section as "IDEA") (20 U.S.C. 1400 et seq.) to help States provide all children with disabilities a free, appropriate public education in the least restrictive environment. At full funding, Congress contributes 40 percent of the average per pupil expenditure for each child with a disability served.

    Inserted: (4) Before 1975, only \1/5\ of the children with disabilities received a formal education. At that time, many States had laws that specifically excluded many children with disabilities, including children who were blind, deaf, or emotionally disturbed, from receiving such an education.

    Inserted: (5) IDEA currently serves an estimated 200,000 infants and toddlers, 600,000 preschoolers, and 5,400,000 children 6 to 21 years of age.

    Inserted: (6) IDEA enables children with disabilities to be educated in their communities, and thus, has assisted in dramatically reducing the number of children with disabilities who must live in State institutions away from their families.

    Inserted: (7) The number of children with disabilities who complete high school has grown significantly since the enactment of IDEA.

    Inserted: (8) The number of children with disabilities who enroll in college as freshmen has more than tripled since the enactment of IDEA.

    Show 10 more inserted paragraphs

    Inserted: (9) The overall effectiveness of IDEA depends upon well trained special education and general education teachers, related services personnel, and other school personnel. Congress recognizes concerns about the nationwide shortage of personnel serving students with disabilities and the need for improvement in the qualifications of such personnel.

    Inserted: (10) IDEA has raised the Nation's awareness about the abilities and capabilities of children with disabilities.

    Inserted: (11) Improvements to IDEA in the 1997 amendments increased the academic achievement of children with disabilities and helped them to lead productive, independent lives.

    Inserted: (12) Changes made in 1997 also addressed the needs of those children whose behavior impedes learning by implementing behavioral assessments and intervention strategies to ensure that they receive appropriate supports in order to receive a quality education.

    Inserted: (13) IDEA requires a 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.

    Inserted: (14) While the Federal Government has more than doubled funding for part B of IDEA since 1995, the Federal Government has never provided more than 17 percent of the maximum State grant allocation for educating children with disabilities.

    Inserted: (15) By fully funding IDEA, Congress will strengthen the ability of States and localities to implement the requirements of IDEA.

    Inserted: SEC. __. FUNDING FOR PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

    Inserted: (a) In General.--Notwithstanding any other provision of this Act, in addition to any amounts otherwise appropriated under this Act for part B of the Individuals with Disabilities Education Act, other than section 619 of such part, the following sums are appropriated, out of any money in the Treasury not otherwise appropriated for the fiscal year ending September 30, 2003, $1,500,000,000 for carrying out such part, other than section 619 of such part, to remain available through September 30, 2004.

    Inserted: (b) Across-the-Board Rescission.--Notwithstanding any other provision of this Act, funds provided under subsection (a) shall not result in a further across-the-board rescission under section 601 of Division N.".

    Original wording

    On page 1052, line 25, strike “budget).” and insert the following: “budget).

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As printed

SA 71. Mr. DODD (for himself, Mr. Kennedy, Ms. Mikulski, Mr. Jeffords, Mrs. Murray, Mr. Edwards, Mr. Dayton, Mr. Corzine, Mr. Kerry, Mr. Reid, Mr. Reed, Mrs. Clinton, Mr. Bingaman, Mr. Johnson, and Mr. Schumer) proposed an amendment to the joint resolution H.J. Res. 2, making further continuing appropriations for the fiscal year 2003, and for other purposes; as follows:

On page 1052, line 25, strike “budget).” and insert the following: “budget).

TITLE __--FUNDING EDUCATION FOR CHILDREN WITH DISABILITIES

SEC. __. HELPING CHILDREN SUCCEED BY FUNDING THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA).

Congress makes the following findings:

(1) All children deserve a quality education.

(2) In Pennsylvania Association for Retarded Children vs. Commonwealth of Pennsylvania (334 F. Supp. 1247)(E. Dist. Pa. 1971), and Mills vs. Board of Education of the District of Columbia (348 F. Supp. 866)(Dist. D.C. 1972), the courts found that children with disabilities are entitled to an equal opportunity to an education under the 14th amendment of the Constitution.

(3) In 1975, Congress passed what is now known as the Individuals with Disabilities Education Act (referred to in this section as “IDEA”) (20 U.S.C. 1400 et seq.) to help States provide all children with disabilities a free, appropriate public education in the least restrictive environment. At full funding, Congress contributes 40 percent of the average per pupil expenditure for each child with a disability served.

(4) Before 1975, only \1/5\ of the children with disabilities received a formal education. At that time, many States had laws that specifically excluded many children with disabilities, including children who were blind, deaf, or emotionally disturbed, from receiving such an education.

(5) IDEA currently serves an estimated 200,000 infants and toddlers, 600,000 preschoolers, and 5,400,000 children 6 to 21 years of age.

(6) IDEA enables children with disabilities to be educated in their communities, and thus, has assisted in dramatically reducing the number of children with disabilities who must live in State institutions away from their families.

(7) The number of children with disabilities who complete high school has grown significantly since the enactment of IDEA.

(8) The number of children with disabilities who enroll in college as freshmen has more than tripled since the enactment of IDEA.

(9) The overall effectiveness of IDEA depends upon well trained special education and general education teachers, related services personnel, and other school personnel. Congress recognizes concerns about the nationwide shortage of personnel serving students with disabilities and the need for improvement in the qualifications of such personnel.

(10) IDEA has raised the Nation's awareness about the abilities and capabilities of children with disabilities.

(11) Improvements to IDEA in the 1997 amendments increased the academic achievement of children with disabilities and helped them to lead productive, independent lives.

(12) Changes made in 1997 also addressed the needs of those children whose behavior impedes learning by implementing behavioral assessments and intervention strategies to ensure that they receive appropriate supports in order to receive a quality education.

(13) IDEA requires a 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.

(14) While the Federal Government has more than doubled funding for part B of IDEA since 1995, the Federal Government has never provided more than 17 percent of the maximum State grant allocation for educating children with disabilities.

(15) By fully funding IDEA, Congress will strengthen the ability of States and localities to implement the requirements of IDEA.

SEC. __. FUNDING FOR PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

(a) In General.--Notwithstanding any other provision of this Act, in addition to any amounts otherwise appropriated under this Act for part B of the Individuals with Disabilities Education Act, other than section 619 of such part, the following sums are appropriated, out of any money in the Treasury not otherwise appropriated for the fiscal year ending September 30, 2003, $1,500,000,000 for carrying out such part, other than section 619 of such part, to remain available through September 30, 2004.

(b) Across-the-Board Rescission.--Notwithstanding any other provision of this Act, funds provided under subsection (a) shall not result in a further across-the-board rescission under section 601 of Division N.”.

Legislative Activity

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4 earlier actions
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Considered by Senate. (consideration: CR S1302, S1352)

January 22, 2003

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Considered by Senate. (consideration: CR S1302, S1352)

January 22, 2003

Floor

Proposed amendment SA 71 withdrawn in Senate.

January 22, 2003

Floor

Senate amendment submitted

January 21, 2003

Floor

Senate amendment proposed (on the floor): Amendment SA 71 proposed by Senator Dodd.(consideration: CR S1195-1199; text: CR S1195)

January 21, 2003

Floor

Amendment SA 71 proposed by Senator Dodd. (consideration: CR S1195-1199; text: CR S1195) To provide additional funding for part B of the Individuals with Disabilities Education Act.

January 21, 2003