[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 939 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 939
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2003
Mr. Hagel (for himself, Mr. Harkin, Mr. Warner, Mr. Chafee, Ms.
Collins, Ms. Snowe, Mr. Coleman, Mr. Kennedy, Mr. Jeffords, Mr. Dodd,
Ms. Mikulski, Mrs. Clinton, Mrs. Murray, Mr. Bingaman, and Mr. Reed)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
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.
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 ``IDEA Full-Funding Act of 2003''.
SEC. 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.--For the purpose of carrying out this part, other
than section 619, there are authorized to be appropriated--
``(1) $10,874,000,000 for fiscal year 2004, and, there are
hereby appropriated $2,000,000,000 for fiscal year 2004, which
shall become available for obligation on July 1, 2004 and shall
remain available through September 30, 2005;
``(2) $12,874,000,000 for fiscal year 2005, and, there are
hereby appropriated $4,000,000,000 for fiscal year 2005, which
shall become available for obligation on July 1, 2005 and shall
remain available through September 30, 2006;
``(3) $14,874,000,000 for fiscal year 2006, and, there are
hereby appropriated $6,000,000,000 for fiscal year 2006, which
shall become available for obligation on July 1, 2006 and shall
remain available through September 30, 2007;
``(4) $16,874,000,000 for fiscal year 2007, and, there are
hereby appropriated $8,000,000,000 for fiscal year 2007, which
shall become available for obligation on July 1, 2007 and shall
remain available through September 30, 2008;
``(5) $18,874,000,000 for fiscal year 2008, and, there are
hereby appropriated $10,000,000,000 for fiscal year 2008, which
shall become available for obligation on July 1, 2008 and shall
remain available through September 30, 2009;
``(6) $20,874,000,000 for fiscal year 2009, and, there are
hereby appropriated $12,000,000,000 for fiscal year 2009, which
shall become available for obligation on July 1, 2009 and shall
remain available through September 30, 2010;
``(7) $22,874,000,000 for fiscal year 2010, and, there are
hereby appropriated $14,000,000,000 for fiscal year 2010, which
shall become available for obligation on July 1, 2010 and shall
remain available through September 30, 2011;
``(8) $24,635,000,000 or the sum of the maximum amounts
that all States may receive under subsection (a)(2), whichever
is lower, for fiscal year 2011, and, there are hereby
appropriated $15,761,000,000 for fiscal year 2011, which shall
become available for obligation on July 1, 2011 and shall
remain available through September 30, 2012, except that if the
sum of the maximum amounts that all States may receive under
subsection (a)(2) is less than $24,635,000,000, then the amount
appropriated in this paragraph shall be reduced by the
difference between $24,635,000,000 and the sum of the maximum
amounts that all States may receive under subsection (a)(2);
``(9) $25,329,000,000 or the sum of the maximum amounts
that all States may receive under subsection (a)(2), whichever
is lower, for fiscal year 2012, and, there are hereby
appropriated $16,455,000,000 for fiscal year 2012, which shall
become available for obligation on July 1, 2012 and shall
remain available through September 30, 2013, except that if the
sum of the maximum amounts that all States may receive under
subsection (a)(2) is less than $25,329,000,000, then the amount
appropriated in this paragraph shall be reduced by the
difference between $25,329,000,000 and the sum of the maximum
amounts that all States may receive under subsection (a)(2);
``(10) $26,005,000,000 or the sum of the maximum amounts
that all States may receive under subsection (a)(2), whichever
is lower, for fiscal year 2013, and, there are hereby
appropriated $17,131,000,000 for fiscal year 2013, which shall
become available for obligation on July 1, 2013 and shall
remain available through September 30, 2014, except that if the
sum of the maximum amounts that all States may receive under
subsection (a)(2) is less than $26,005,000,000, then the amount
appropriated in this paragraph shall be reduced by the
difference between $26,005,000,000 and the sum of the maximum
amounts that all States may receive under subsection (a)(2);
and
``(11) such sums as may be necessary for fiscal year 2014
and each succeeding fiscal year.''.
(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)''.
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