DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2026--Motion to Proceed-- Continued
Mr. President, I think what Senator Murphy was objecting to was calling Donald Trump the most pro-law enforcement President in American history, and I think he laid out all the reasons why that simply isn't true. Individuals with…
Mr. President, I think what Senator Murphy was objecting to was calling Donald Trump the most pro-law enforcement President in American history, and I think he laid out all the reasons why that simply isn't true.
Individuals with Disabilities Education Act of 1975
Mr. President, I am here because today marks the 50th anniversary of the Senate's passage of the Individuals with Disabilities Education Act, known as IDEA. It was just a few weeks after the Senate passed that bill that it was signed into law on November 29, 1975, by President Ford--a bipartisan achievement and a landmark achievement for the United States of America.
I am grateful that my colleagues Senator Kaine and Senator Hirono are also on the floor with me today to discuss this important achievement 50 years later.
When that passed the Senate and, of course, when it was signed into law, it guaranteed the right to a free, appropriate public education for children with disabilities. For the first time in America, the law required that schools meet that commitment to all our kids, including kids with disabilities. That is why schools have now developed individualized education programs for students who need them, to meet that requirement. Now children with disabilities share classrooms with kids without disabilities. And it created a process for families to challenge schools that don't uphold their child's right to a good education.
This was a watershed moment in our history and the history of education. IDEA helped end a very dark chapter in our not too distant past when our public schools excluded 80 percent of children with disabilities, and many States forced disabled people to live out their entire lives hidden away in institutions.
For decades, the Federal Government wrote off people with disabilities as ``uneducable,'' and they claimed they could not learn in schools, and they claimed that they could not fit into our society.
The government was wrong. It was dead wrong. It was wrong on the facts because people with disabilities can succeed in school and in the workforce with the right accommodations, and it was wrong morally because that discrimination violated one of the most fundamental American values--that all people are created equal, and all deserve equal dignity and opportunity. It was IDEA that helped right that wrong.
I would be remiss if I did not take the occasion of this anniversary to acknowledge all the people who make special education work every day in America. They are the students with disabilities and their families and their caregivers. They are the teachers, the special education teachers, the paraprofessionals, and the teachers' aides. Then there are the researchers, the advocates, and so many more--the people who created IDEA and the people who keep it alive today. I commend and salute all of them on this important anniversary.
But I can't say the same about this Congress or, in fact, any of the Congresses that convened between that passage 50 years ago and today because while today marks the 50th anniversary of the Senate's passage of IDEA, it is also true that today, 50 years later, we are seeing the continuation of Congress's failure to actually fund the IDEA at the level we promised, at the level the Federal Government committed to.
You see, when Congress established IDEA, when they passed it into law and gave schools new responsibilities to uphold the rights of students with disabilities, Congress also pledged to cover 40 percent of the cost per pupil so that schools had the resources needed to meet these new responsibilities. In other words, we established a Federal mandate for a very good purpose, but then we failed to fund that mandate at the level we promised.
As a result, every year since it was first passed into law 50 years ago, Congress has failed to provide the promised funds for IDEA. In fact, today, we find that IDEA is funded at 12 percent--a little under 12 percent, in fact--of the cost per pupil instead of the 40 percent, leaving schools and students short a whopping $38 billion every year. In my State of Maryland alone, we are getting $670 million less per year than was promised. All across the country, States--Virginia, Hawaii, other States--struggle to make up that gap for themselves.
When we don't live up to our obligations at the Federal level, it strains the entire education budgets at the State and local level, hurting disabled students and also all other students.
Now, 20 years ago, when I was in the House of Representatives, I had the privilege of passing a number of bills related to helping people with disabilities. That included the ABLE Act, which was a bipartisan piece of legislation to help provide families with kids with disabilities with access to tax-advantaged accounts so that they can help those kids and better prepare for their futures.
I have had the great opportunity both in the House and the Senate to pass many other pieces of important legislation, but one of my greatest disappointments has been the fact that the Congress has never fully funded IDEA, never did what we promised we would do.
Way back in 2003, I introduced a bill to end the funding gap, to fully fund IDEA, to require that the funding be phased in over a period of time until the Federal Government met its responsibilities. I have introduced that legislation every Congress for the last 22 years.
I have watched as Democrats and Republicans from the Senate and the House go back to their States and to their districts and tell people that they really support IDEA and that they really want to make sure kids with disabilities have that education, that quality education. They say to families that we are all in to support IDEA. But too many, when they come back here to Washington, DC, and have to make real decisions as to where funds are allocated in the Federal budget, when they have to choose between kids with disabilities and another tax break for the ultrawealthy, somehow many have a way of forgetting what they told folks back at home.
You know, I introduced this bill again this Congress, and I am glad we have 39 Democratic Senators as cosponsors, and we may get more. We have zero--no Republican Senators as cosponsors. I hope that will change. I really hope it will change.
As I said at the outset, it was President Ford, a Republican President, who signed into law the IDEA 50 years ago this year. He signed that law. That law requires that the Federal Government provide that 40 percent, and we are at 12 percent today.
So I hope, on this 50th anniversary of the time the Senate passed it, our Republican colleagues will join us on this legislation because the consequences of failing to fund IDEA are visible all over the country. Expenses are only rising as more students struggle with disabilities.
The good news is that we are developing new techniques for screening our children and helping them succeed in school. Some of those techniques require more resources, not less. Yet we are continuing to fail to meet our responsibilities.
Today, because we don't fully fund the IDEA here at the Federal level, schools make IEPs for their students, but many cannot follow through on their own plans, those individual education plans. Deaf students are going to class without sign language interpreters. Students with intellectual and developmental disabilities are going without the one-on-one aides--the aides who help them learn and make sure they don't get physically hurt.
Underresourced special education staff burn out huge numbers, leaving tens of thousands of vacant positions. In classrooms all over America-- in each of our States--there is a child who is sitting at the back of the room, struggling to follow a lesson, falling further and further behind.
While that child is trying, the Congress is not doing its job. It would cost $38 billion for Congress to keep its promises to fund special education this year--$38 billion. That could be made up by the entire funding gap, three times over, that was included in the so- called Big Beautiful Bill--more tax cuts for very wealthy people. If you were to add up all of those tax cuts, it would be $132 billion only for the part of the population that was in the top 1 percent. So folks in the top 1 percent income category got $132 billion in tax cuts. That is three times what would be needed to simply fulfill our obligations under the IDEA this year.
The Trump administration chose tax cuts for the top 1 percent over the IDEA just like it chose to give away trillions of dollars to the very wealthy and pay for it, in part, by defunding programs that working families depend on, including healthcare, Medicaid, SNAP, and public education funding, while failing to fully fund the IDEA.
It actually gets worse because, since March, the Trump administration has fired half of the people at the Department of Education. Then, during the recent shutdown, the Trump administration attempted to fire the remaining staff--all of the remaining staff--at the Office of Special Education and Rehabilitative Services. Those are the people who implement the parts of the IDEA that we do fund. These are great American patriots, these Federal employees. Some of them are Marylanders, some of them are from Virginia, and some of them are from other parts of the country. They have experience in helping these kids, and they have knowledge that is very difficult to replace.
Fortunately, a Federal judge paused the firings of these individuals during the shutdown. The judge wrote that those attempted firings were nothing more than ``political retribution,'' and that judgment was reflected in the recent continuing resolution, at least through the end of January. Nevertheless, the Trump administration keeps looking for new ways to take resources away from our schools.
In fact, just yesterday--just yesterday--it announced the near total dismantling of what is left of the Education Department's advancing education programs. Secretary McMahon has said that her mission at the Department of Education is to shut down the Department of Education, to put out of business the Federal Department of Education. She claims that her objective is efficiency. She claims that kids won't be hurt. She, obviously, hasn't talked to the parents of kids all over the country, including the parents of kids with disabilities.
You know, she specifically said at a Senate Appropriations Committee, on June 3, that ``we are not cutting any of the IDEA funding.'' That claim covers up what is really happening here because, in September, the Department of Education and the administration cut 34 grants for special education, saying that they conflicted with the Trump administration's priorities. Their targets included teacher training, parent resource centers, and assistive technology for children with both hearing and vision loss. Somehow, helping those kids did not meet with the Trump administration's priorities.
Let me just say that what we are witnessing in realtime is an effort to gut the special education programs that exist today at the Department of Education. At the same time, we see a refusal to fully fund the IDEA program at levels promised by the Federal Government when it was first launched 50 years ago.
You know, there has always been a credibility gap since that first commitment was made 50 years ago. I have been standing on the floor-- first in the House and now in the Senate--and making remarks about the IDEA and the importance of closing this funding and credibility gap for over 20 years. We still haven't moved ahead.
Again, as I said, every Member of Congress, when they go back home from here, says they really want to support the IDEA. Now, it is time that people actually mean what they say and follow through because we are now at the 50th anniversary of the IDEA.
Some of the children I was hoping to help back in 2003, when I first introduced the full funding legislation, now have children of their own. Some of the children we promised to help in 1975--``we'' being the Congress back then--are now grandparents. We should not allow another generation to grow up under the shadow of our broken promises.
We passed the IDEA 50 years ago in the same spirit in which we signed the Declaration of Independence almost 250 years ago. In both cases, we made great and noble promises. We promised that all men and women were created equal and that the government would uphold that equality. But when it comes to funding education for kids with disabilities, that promise remains broken.
Judy Heumann, who is the mother of the disability rights movement, once wrote:
Change never happens at the pace we think it should
[happen]. It happens over years of people joining together,
strategizing, sharing, and pulling all the levers they
possibly can. Gradually, excruciatingly slowly, things start
to happen, and then, suddenly, seemingly out of the blue,
something will tip.
Something tipped 50 years ago, when the Senate, on this day, passed the IDEA bill. It has been a long, excruciating length of time since then. I hope that now, 50 years later, we will see another tipping point wherein Members of the House and Senate finally live up to the obligations that were made 50 years ago to really fully fund special education at the levels which we promised. We celebrated the passage of the IDEA 50 years ago. Let us commit ourselves to finally fulfilling that promise now.
With that, I am happy to yield the floor to the great Senator from Hawaii, who has been so focused on education generally and special education in particular, Senator Hirono.