[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 890 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 890
To amend the Individuals with Disabilities Education Act to provide
grants to State educational agencies to establish high cost funds from
which local educational agencies are paid a percentage of the costs of
providing a free appropriate public education to high need children and
other high costs associated with educating children with disabilities,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2003
Mrs. Murray (for herself, Ms. Collins, and Mr. Kennedy) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend the Individuals with Disabilities Education Act to provide
grants to State educational agencies to establish high cost funds from
which local educational agencies are paid a percentage of the costs of
providing a free appropriate public education to high need children and
other high costs associated with educating children with disabilities,
and for other purposes.
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 ``Supporting Success for High Need
Students Act of 2003''.
SEC. 2. HIGH COST FUND FOR LOCAL EDUCATIONAL AGENCIES.
Part B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.) is amended by adding at the end the following:
``SEC. 620. HIGH COST FUND FOR LOCAL EDUCATIONAL AGENCIES.
``(a) Definitions.--In this section:
``(1) Average per-pupil expenditure.--The term `average
per-pupil expenditure' has the meaning given the term in
section 9101 of the Elementary and Secondary Education Act of
1965.
``(2) High need child.--The term `high need child' means a
child with a disability for whom a free appropriate public
education in a fiscal year costs more than 4 times the average
per-pupil expenditure for such fiscal year.
``(b) Authorization of Grant Program and Allotment.--
``(1) Reservation.--From funds appropriated under
subsection (h), the Secretary shall reserve--
``(A) not more than 1 percent to assist the
outlying areas in providing a free appropriate public
education to children with disabilities in such areas
for whom a free appropriate public education costs more
than 4 times the national average per-pupil expenditure
or 4 times the average per-pupil expenditure in the
outlying area; and
``(B) 1.226 percent to assist the Secretary of the
Interior in providing a free appropriate public
education to children with disabilities on reservations
who are enrolled in schools for Indian children
operated or funded by the Secretary of the Interior for
whom a free appropriate public education costs more
than 4 times the national average per-pupil expenditure
or 4 times the average per-pupil expenditure in such
schools.
``(2) Grant Program.--From funds appropriated under
subsection (h), and not reserved under paragraph (1), the
Secretary shall award grants to State educational agencies,
from allotments under paragraph (3), to enable the State
educational agencies to establish high cost funds, as described
in subsection (c), from which local educational agencies shall
receive disbursements to pay a percentage of the costs of
providing a free appropriate public education to high need
children and other high costs, as described in subsection
(c)(3), associated with educating children with disabilities.
``(3) Allotment.--From funds appropriated under subsection
(h) for a fiscal year, and not reserved under paragraph (1),
the Secretary shall allot to each State an amount that bears
the same ratio to such funds as the amount the State received
under section 611 for the fiscal year bears to the total amount
received by all States under that section for the fiscal year.
``(c) High Cost Fund.--
``(1) In general.--Each State educational agency that
receives a grant under subsection (b) shall--
``(A) use the grant funds to establish a high cost
fund; and
``(B) make disbursements from the high cost fund to
local educational agencies in accordance with this
subsection.
``(2) Required disbursements from the fund.--
``(A) In general.--Each State educational agency
that receives a grant under subsection (b) shall make
disbursements from the fund established under paragraph
(1) to local educational agencies to pay the percentage
described in subparagraph (C) of the costs of providing
a free appropriate public education to high need
children.
``(B) Application.--
``(i) In general.--A local educational
agency that desires a disbursement under this
paragraph shall submit an application to the
State educational agency at such time, in such
manner, and containing such information as the
State educational agency may require.
``(ii) Contents.--An application submitted
pursuant to clause (i) shall contain the
following:
``(I) A figure that reflects the
costs of providing a free appropriate
public education to each high need
child served by the local educational
agency in a fiscal year for whom such
agency desires a disbursement under
this section.
``(II) The IEP for each high need
child served by the local educational
agency for whom such agency desires a
disbursement under this section.
``(III) Assurances that grant funds
provided under this section shall not
be used to pay costs that otherwise
would be reimbursable as medical
assistance for a child with a
disability under the State medicaid
program under title XIX of the Social
Security Act.
``(C) Disbursements.--
``(i) In general.--Subject to subparagraph
(D), a State educational agency shall make a
disbursement to a local educational agency that
submits an application under subparagraph (B)
in an amount that is equal to 75 percent of the
costs that are in excess of 4 times the average
per-pupil expenditure in either the Nation or
the State where the child resides (calculated
from whichever average per-pupil expenditure is
lower) associated with educating each high need
child served by such local educational agency
in a fiscal year for whom such agency desires a
disbursement.
``(ii) Appropriate costs.--The costs
associated with educating a high need child
under clause (i) are only those costs
associated with providing special education and
related services to such child that are
identified in such child's appropriately
developed IEP.
``(D) Disallowance of certain payments.--A State
educational agency may disallow payment of certain
costs included in the figure submitted by a local
educational agency under subparagraph (B)(ii)(I) if
such costs are determined by the State educational
agency to be inappropriate or unnecessary excess costs
associated with providing a free appropriate public
education to a high need child.
``(E) Legal fees.--The costs associated with
providing a free appropriate public education to a high
need child shall not include legal fees, court costs,
or other costs associated with a cause of action
brought on behalf of such child to ensure a free
appropriate public education for such child.
``(3) Permissible disbursements from remaining funds.--A
State educational agency may make disbursements to local
educational agencies from any funds that are remaining in the
high cost fund after making the required disbursements under
paragraph (2) for a fiscal year for the following purposes:
``(A) To pay the costs associated with serving
children with disabilities who moved into the areas
served by such local educational agencies after
commencement of the school year to assist the local
educational agencies in providing a free appropriate
public education for such children in such year.
``(B) To compensate local educational agencies that
expend over a threshold amount determined by the State
educational agency on costs associated with providing a
free appropriate public education to all children with
disabilities served by such agencies.
``(4) Limitation on administrative costs.--A State
educational agency may use not more than 2 percent of the funds
received under this section for the administrative costs of
carrying out such agency's responsibilities under this section.
``(d) Assurance of a Free Appropriate Public Education.--Nothing in
this section shall be construed--
``(1) to limit or condition the right of a child with a
disability who is assisted under this part to receive a free
appropriate public education pursuant to section 612(a)(1) in a
least restrictive environment pursuant to section 612(a)(5);
and
``(2) to authorize a State educational agency or local
educational agency to indicate a limit on what is expected to
be spent on the education of a child with a disability.
``(e) Evaluation and Report.--The Secretary shall--
``(1) evaluate the effectiveness of the high cost funds
established pursuant to this section; and
``(2) submit a report to the appropriate committees of
Congress on such evaluation.
``(f) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant other Federal,
State, and local funds available for providing a free appropriate
public education for children with disabilities.
``(g) Medicaid Services Not Affected.--Grant funds provided under
this section shall not be used to pay costs that otherwise would be
reimbursable as medical assistance for a child with a disability under
the State medicaid program under title XIX of the Social Security Act.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $750,000,000 for fiscal year
2004 and such sums as may be necessary for each succeeding fiscal
year.''.
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