H.R. 3578

Everyone Deserves Unconditional Access to Education (EDUCATE) Act

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I

111th CONGRESS

1st Session

H. R. 3578

IN THE HOUSE OF REPRESENTATIVES

September 15, 2009

Mr. Van Hollen (for himself, Mr. Platts, and Mr. Walz) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part.

1.

Short title

This Act may be cited as the Everyone Deserves Unconditional Access to Education (EDUCATE) Act.

2.

Amendment to IDEA

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

(i)

Funding

(1)

In general

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

(A)

$14,434,200,000 or 20.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2010, and there are hereby appropriated $2,928,989,000 or 3.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2010, which shall become available for obligation on July 1, 2010, and shall remain available through September 30, 2011;

(B)

$17,596,785,000 or 25 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2011, and there are hereby appropriated $6,091,574,000 or 7.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2011, which shall become available for obligation on July 1, 2011, and shall remain available through September 30, 2012;

(C)

$20,759,369,000 or 29 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2012, and there are hereby appropriated $9,254,158,000 or 11.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2012, which shall become available for obligation on July 1, 2012, and shall remain available through September 30, 2013;

(D)

$23,921,954,000 or 32.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2013, and there are hereby appropriated $12,416,743,000 or 15.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2013, which shall become available for obligation on July 1, 2013, and shall remain available through September 30, 2014;

(E)

$27,084,538,000 or 36.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2014, and there are hereby appropriated $15,579,327,000 or 19 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2014, which shall become available for obligation on July 1, 2014, and shall remain available through September 30, 2015;

(F)

$30,247,123,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2015, and there are hereby appropriated $18,741,912,000 or 22.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2015, which shall become available for obligation on July 1, 2015, and shall remain available through September 30, 2016; and

(G)

40 percent of the amount determined under paragraph (2) for fiscal year 2016 and each subsequent fiscal year, and there are hereby appropriated 40 percent of the amount determined under paragraph (2) minus $11,505,211,000 for fiscal year 2016 and each subsequent fiscal year, which shall become available for obligation with respect to fiscal year 2016 on July 1, 2016, and shall remain available through September 30, 2017, and 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 determined under this paragraph is—

(A)

the number of children with disabilities in the school year preceding the fiscal year referred to in subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1) (as the case may be) in all States who receive special education and related services—

(i)

aged 3 through 5 if the States are eligible for grants under section 619, and

(ii)

aged 6 through 21, multiplied by

(B)

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

.

3.

Offsets

The amounts appropriated in 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)), as amended by section 2 of this Act, shall be expended consistent with pay-as-you-go requirements