H.R. 3802House108th Congress (2003-2005)In Committee

Mandatory IDEA Full Funding Compromise Act

Introduced February 11, 2004

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Education Reform.

March 11, 2004

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HouseIntro Referral

Introduced in House

February 11, 2004

HouseIntro Referral

Referred to the House Committee on Education and the Workforce.

February 11, 2004

HouseCommittee

Referred to the Subcommittee on Education Reform.

March 11, 2004

Floor Debate

14 members

What members said about H.R. 3802 on the floor

5 Republicans9 Democrats
Juanita Millender-McDonald
Rep. Juanita Millender-McDonaldD-CA-37 · Sep 3, 2003

Mr. Speaker, let me thank the distinguished gentleman from Texas (Mr. Bell) and the distinguished gentleman from Virginia (Mr. Tom Davis) for their input on this important bill. I would also like to…

Tom Davis
Rep. Tom DavisR-VA-11 · Sep 3, 2003

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2309) to designate the facility of the United States Postal Service located at 2300 Redondo Avenue in Signal Hill, California, as the…

Dana Rohrabacher
Rep. Dana RohrabacherR-CA-46 · Sep 3, 2003

Mr. Speaker, I rise in strong support of and with gratitude to my colleague, the gentlewoman from California (Ms. Millender-McDonald) for her resolution honoring our colleague, now our retired…

Lucille Roybal-Allard
Rep. Lucille Roybal-AllardD-CA-34 · Sep 3, 2003

Mr. Speaker, I am pleased to be a cosponsor of H.R. 2309, Congresswoman Millender-McDonald's legislation to name the post office at 2300 Redondo in Long Beach, CA, after our distinguished former…

Jane Harman
Rep. Jane HarmanD-CA-36 · Sep 3, 2003

Mr. Speaker, I rise today to join my colleagues in honoring our friend, former colleague, and my former neighbor, Stephen Horn, by naming the United States post office in Signal Hill after him. Steve…

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Ken Calvert
Rep. Ken CalvertR-CA-44 · Sep 3, 2003

Mr. Speaker, I rise today to honor and pay tribute to J. Stephen Horn, a former Member of Congress who faithfully served this institution for ten years. Today the House of Representatives is honoring…

David Dreier
Rep. David DreierR-CA-26 · Sep 3, 2003

Mr. Speaker, I rise today in strong support of H.R. 2309, the Stephen Horn Post Office Building Designation Act. Our good friend and respected former colleague, Steve Horn, Retired from this body…

Judy Biggert
Rep. Judy BiggertR-IL-13 · Sep 3, 2003

Mr. Speaker, I thank the gentleman for yielding me the time. Mr. Speaker, I rise today to pay tribute to our former colleague Steve Horn. I also want to thank my friend and colleague the gentlewoman…

Chris Bell
Rep. Chris BellD-TX-25 · Sep 3, 2003

Mr. Speaker, I yield 3 minutes to the gentleman from Minnesota (Mr. Oberstar). Mr. Speaker, I yield 5 minutes to the gentleman from Texas (Mr. Doggett). Mr. Speaker, I yield such time as she may…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Sep 3, 2003

Mr. Speaker, I rise in strong support of this important legislation. When Chairman Horn retired last year, Congress lost one of the greatest advocates for meaningful government oversight, indeed one…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-28 · Sep 3, 2003

Mr. Speaker, I rise today to support H.R. 2309 and the designation of the United States Postal Service in Signal Hill, California as the ``J. Stephen Horn Post Office Building.'' I had the distinct…

Linda T. Sánchez
Rep. Linda T. SánchezD-CA-39 · Sep 3, 2003

Mr. Speaker, I rise in support of H.R. 2309, the Stephen Horn Post Office Building Designation Act. This bill honors a former distinguished Member of Congress, Steve Horn. For years, Mr. Horn fought…

James L. Oberstar
Rep. James L. OberstarD-MN-8 · Sep 3, 2003

Mr. Speaker, I thank the gentleman for yielding me the time, and I thank the gentleman from Virginia for bringing this legislation to the House floor to so appropriately honor Steve Horn. I thank the…

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Lloyd Doggett
Rep. Lloyd DoggettD-TX-10 · Sep 3, 2003

Mr. Speaker, I thank the gentleman for yielding me the time. I am pleased to join our colleagues in honoring our former colleague, Steve Horn. It is sometimes said that someone is a gentleman and a…

Bill Text

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Introduced in HouseIssued February 11, 2004

I

108th CONGRESS

2d Session

H. R. 3802

IN THE HOUSE OF REPRESENTATIVES

February 11, 2004

Mr. Bass (for himself, Mr. Bradley of New Hampshire, Mr. Ferguson, and Mr. Simmons) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part, to provide an exception to the local maintenance of effort requirements, and for other purposes.

1.

Short title

This Act may be cited as the &short-title1;.

2.

Amendments to IDEA

(a)

Funding

Section 611(j) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(j)) is amended to read as follows:

(j)

Funding

(1)

In general

For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated—

(A)

$13,574,398,000, or 25.2 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2005, and, there are hereby appropriated $4,700,000,000, or 7.6 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2005, which shall become available for obligation on July 1, 2005, and shall remain available through September 30, 2006;

(B)

$15,746,302,000, or 28.3 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2006, and, there are hereby appropriated $6,871,904,000, or 10.7 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2006, which shall become available for obligation on July 1, 2006, and shall remain available through September 30, 2007;

(C)

$17,918,205,000, or 31.2 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2007, and, there are hereby appropriated $9,043,807,000, or 13.6 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2007, which shall become available for obligation on July 1, 2007, and shall remain available through September 30, 2008;

(D)

$20,090,109,000, or 28.3 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2008, and, there are hereby appropriated $11,215,711,000, or 16.3 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2008, which shall become available for obligation on July 1, 2008, and shall remain available through September 30, 2009;

(E)

$22,262,307,000, or 36.4 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2009, and, there are hereby appropriated $13,387,909,000, or 18.8 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2009, which shall become available for obligation on July 1, 2009, and shall remain available through September 30, 2010;

(F)

$25,198,603,000, or 40 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2010, and, there are hereby appropriated $16,324,205,000, or 22.4 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2010, which shall become available for obligation on July 1, 2010, and shall remain available through September 30, 2011; and

(G)

40 percent of the amount determined under paragraph (2) for fiscal year 2011 and each subsequent fiscal year, and, there are hereby appropriated 22.4 percent of the amount determined under paragraph (2) for fiscal year 2011 and each subsequent fiscal year, which shall become available for obligation (A) with respect to fiscal year 2011, on July 1, 2011, and shall remain available through September 30, 2012, and (B) with respect to each subsequent fiscal year, on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year.

(2)

Amount

The amount referred to in each of subparagraphs (A) through (G) of paragraph (1) is the product of—

(A)

the number of children with disabilities in all States 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; and

(B)

the average per-pupil expenditure in public elementary and secondary schools in the United States.

.

(b)

Exception to the local maintenance of effort requirements

Section 613(a)(2)(B) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(2)(B)) is amended to read as follows:

(B)

Exception

Notwithstanding the restriction in subparagraph (A)(iii), a local educational agency may reduce the level of expenditures, for 1 fiscal year at a time, if—

(i)

the State educational agency determines, and the Secretary agrees, that the local educational agency is in compliance with the requirements of this part during that fiscal year (or, if appropriate, the preceding fiscal year); and

(ii)

such reduction is—

(I)

attributable to the voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel;

(II)

attributable to a decrease in the enrollment of children with disabilities;

(III)

attributable to the termination of the obligation of the agency, consistent with this part, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the State educational agency, because the child—

(aa)

has left the jurisdiction of the agency;

(bb)

has reached the age at which the obligation of the agency to provide a free appropriate public education to the child has terminated; or

(cc)

no longer needs such program of special education;

(IV)

attributable to the termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities; or

(V)

equivalent to the amount of Federal funding the local educational agency receives under this part for a fiscal year that exceeds the amount the agency received under this part for the preceding fiscal year, but only if these reduced funds are used for any activity that may be funded under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

.

(c)

Repeal

Section 613(a)(2) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(2)) is further amended—

(1)

by striking subparagraph (C);

(2)

by redesignating subparagraph (D) as subparagraph (C); and

(3)

in subparagraph (A)(iii), by striking paragraphs (B) and (C) and inserting paragraph (B).