Mr. Speaker, I rise in strong opposition to this rule because it will not allow Members of this Congress to vote on an amendment and to debate an amendment that would fully fund IDEA and make the funding mandatory. We all know how the…
Mr. Speaker, I rise in strong opposition to this rule because it will not allow Members of this Congress to vote on an amendment and to debate an amendment that would fully fund IDEA and make the funding mandatory. We all know how the funding process works around here. Authorization levels may be fine, budget numbers may help, but what really counts is appropriations. There are many, many competing demands on appropriations, so we should remove that competition when the Federal Government has made a commitment to fund an education program at any level because our schools need to be able to count on those funds. We have told them they are coming. They need to be able to count on them.
To that end, Mr. Speaker, two amendments were submitted to the Committee on Rules, one by three Democrats and the other by three Republicans. Those amendments would have phased in full funding for the part B State grants in IDEA and at the same time made all new funding mandatory. Neither of these amendments were accepted; neither will be considered today. Without the opportunity to debate and vote on one or the other of these amendments, a vote for H.R. 1350 is a vote against fully funding special education programs, which in turn leaves our schools and our parents competing for scarce funds for needed programs that are needed equally for our special ed kids and for the rest of kids that need to be educated.
Mr. Speaker, I urge Members to vote down this rule and in so doing demand the opportunity to vote on an IDEA reauthorization bill that includes mandatory full funding.
Mr. Chairman, I yield such time as he may consume to the gentleman from California (Mr. George Miller), the ranking member of the Committee on Education and the Workforce.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, as the ranking member of the subcommittee that has jurisdiction over the IDEA, I have been struck by how very emotional people are about this very issue. In fact, before me I have a stack of mail that came to the Committee on Education and the Workforce just over the last few days, and that mail is against passage of H.R. 1350.
There are two things we can do in Congress to reduce the stress and the emotion that people feel about this issue. One is to fully fund it and make it mandatory; two is to make sure that children are treated fairly in the discipline process.
If we fully fund the Federal share of our costs and if we make funding mandatory, we will fulfill the commitment to our schools for the special education programs that we have promised here in the Congress. Unfortunately, H.R. 1350 does not do that. Without mandatory full funding, the authorization levels in the bill are meaningless because they are subject to the many,
many competitive requests included in all and every appropriations process.
Amendments were offered during the committee, Mr. Chairman. Amendments were offered by the Democrats that would fully fund IDEA and make the funding mandatory. But those amendments were defeated on a partisan basis, and we do not have before us any amendment that would fully fund and allow for the debate here today to fully fund this issue of mandatory funding for IDEA.
To me, a vote for H.R. 1350 is a vote against fully funding the issue, and I oppose it for that reason alone. But there is another good reason to oppose H.R. 1350. And talk about getting emotional, this is where parents and educators have a lot to say, and that is the discipline provisions in the bill.
In the bill, a student with special needs can be removed from school for, and I quote, ``any violation of a school's student code of conduct.'' Now, that is different in every single school, and a child can be kept out of school for an indefinite length of time. So a student with Tourette's syndrome, for example, who may shout out in class, can be expelled. A student who does not understand the dress code and wears shorts when long pants are required, could be expelled. A student with limited muscular control could be expelled for lashing out or possibly pushing another student. There is no requirement in H.R. 1350 to determine if the child's violation is the result of his or her disability.
This is going backwards. It is no way to reauthorize IDEA. Children, parents, and schools deserve an IDEA reauthorization where parents will not have to compete over education funds, where the goal will be to keep kids with special needs in school, where the legislation removes the emotion surrounding the issue, not increases it. Unfortunately, Mr. Chairman, H.R. 1350 is not that kind of reauthorization, and I will not be able to support it.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the gentleman from Michigan (Mr. Kildee), a really important member of the committee.
Mr. Chairman, I yield 2 minutes to the gentleman from Massachusetts (Mr. Tierney), another important member of the committee.
Mr. Chairman, I yield 1 minute to the gentlewoman from Illinois (Ms. Schakowsky).
Mr. Chairman, I yield 2 minutes to the gentleman from Texas (Mr. Hinojosa) who is also an important member of the committee.
Mr. Chairman, I yield 2 minutes to the gentleman from Illinois (Mr. Davis).
Mr. Chairman, I yield 2 minutes to the gentleman from Oregon (Mr. Blumenauer).
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I continue to reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, actually the key here is mandatory funding because no matter what we authorize on this committee, no matter what we vote for today on H.R. 1350, whether it is 18 percent of the 40 percent Federal commitment, whether it is 21 percent of the 40 percent commitment, or if it is 25 percent of the 40 percent Federal commitment, the funding has to be spent. We can authorize it, but the Committee on Appropriations spends it. Unless we tell the Committee on Appropriations through changing the rules of H.R. 1350 and IDEA, unless we tell them that it is mandatory that they spend what we authorize, it will not get spent; and it is going to be the year 2035 before we even come close to reaching 40 percent.
Later on today the gentleman from California (Mr. McKeon) and I have an amendment that will pass all new funding after the year 2003, pass any new funding that is appropriated directly to the school districts and to the schools. But if we do not get any new funding because indeed the appropriators do not choose to add funding, then we pass along nothing to school districts because 100 percent of nothing is still nothing.
The Federal commitment to IDEA 30 years ago was 40 percent that Federal Government would match the mandate that the States educate all kids, which is absolutely the right thing to do, and provide them a free education and equally educate all children in the public school system. That was 40 years ago. We are at 18 percent of that 40 percent today, and we are never going to get there if we do not say that it is something that must be done. And in so doing, we will be making it possible for schools to count on the funding they need, we will be removing the emotion that parents pit themselves against each other because there is so little funding available for education in the first place, and we will make sure that special education funding does not come out of the funding necessary for other programs.
We make promises. We do not fulfill them. Voting for H.R. 1350 would be another broken promise unless H.R. 1350 includes mandatory full funding over the next 6-year, 7-year period.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would like to thank the gentleman from Ohio (Chairman Boehner) and the gentleman from Delaware (Chairman Castle), and certainly my ranking member, the gentleman from California (Mr. George Miller), for what has gone into this legislation. We truly have worked hard to make this be something that we could all vote for, and I believe in your sincerity and I know you believe in our's and our passion on all of this.
There are reasons why I will not be able to vote for this. Reason number one is the discipline provisions. This bill will allow students to be moved indefinitely to alternative placements for any violation of a school code of conduct, and we have gone over that. That could severely affect a disabled child.
This bill has no guarantee of full funding. We can say we want full funding, but if we do not guarantee it, it probably is not going to happen. And, yes, we have done a much better job over the last few years. We have just gone through some really good prosperous years in this country. Now this country is in an economic downturn and the challenges for the same dollars are going to be much, much greater.
This bill weakens due process protection for parents. It would bar parents from raising new issues at due process hearings, even if new evidence has surfaced since the hearing was scheduled.
This bill has a pilot program for 10 State waivers. It permits the Secretary of Education to waive IDEA provisions to reduce paperwork. Criteria for the approach of these pilot programs are completely open- ended and would be defined by the Secretary.
Mr. Chairman, the other thing this bill does that will make it impossible for me to vote for it is it puts a cap on attorney fee reimbursements, which makes it even more difficult for low income parents to get their due process.
Mr. Chairman, I am hoping Democrats and those on the Republican side who want full funding and want that funding to be mandatory, who want our children's discipline provisions not to go backwards, but to go forward, will vote against this bill.
Mr. Chairman, I yield back the balance of my time,
Mr. Chairman, I ask unanimous consent to claim the time in opposition.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, we worked with the majority on this amendment. We do not oppose it, and would hope that it could be passed right now.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the gentleman from Texas (Mr. Green).
Mr. Chairman, I yield the balance of my time to the gentleman from Wisconsin (Mr. Kind), a member of the committee.
Mr. Chairman, I ask unanimous consent to claim the time in opposition.
Mr. Chairman, I yield myself such time as I may consume to say that we do not, on this side of the aisle, oppose the amendment.
Mr. Chairman, I yield back the remainder of my time.
Mr. Chairman, pursuant to the rule, I offer amendment No. 4.
For the time being, yes.
Mr. Chairman, I yield myself such time as I may consume.
Amendment No. 4 would change the definition of a free appropriate public education, the language changed in the Supreme Court decision known as Rowley, which states that the goal of a child with disabilities is the same as all other children, to have educational and related services necessary for that child to access the general curriculum.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
For the purposes of legislative history, the intent of this amendment is to codify the interpretation of FAPE contained in the Supreme Court decision Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982).
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I claim time in opposition to the DeMint amendment.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I strongly oppose this amendment. Federal funds should not be used for private school vouchers for any children, but it is particularly dangerous to do this for children with disabilities.
Vouchers undermine the very foundation of IDEA. IDEA guarantees children with disabilities a free and appropriate public education and provides important safeguards to the child and the parents to ensure that education is received.
When a special education child takes a voucher to a private school, all guarantees of rights under IDEA are lost. The McKay voucher program in Florida, which allows children with disabilities to use vouchers to go to private schools, is a perfect example of the pitfalls of an IDEA voucher program.
In the Florida special education voucher program, there are no State reviews of the education and services being provided, and there are no civil rights protections if the parents are not happy with the education and services their child is receiving.
Under the Florida IDEA voucher program, private schools can and do charge parents additional tuition and fees above the voucher, making it difficult or impossible for low-income parents to benefit from a voucher program.
Contrary to what people claim, vouchers do not increase parents' choice. Private schools can and do discriminate for a variety of reasons. They can refuse to take a student for any reason, including the student's disability. So when it comes to vouchers, it is not the parents who have the choice; it is the private school. Whatever choices a private school makes, it does not have to let parents or the public know why.
Vouchers give private schools public taxpayer dollars, but the private schools are not held to any of the same standards of accountability that public schools are held to. Public schools must hold open meetings and make their test scores, dropout rates, and other basic information public. Private schools are subject to no public oversight.
Accountability to the child, to the parents, and to the public is the touchstone of IDEA, and also, supposedly, No Child Left Behind. We must not allow vouchers to jeopardize that accountability. I urge my colleagues to reject this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the gentleman from South Carolina (Mr. Clyburn).
Mr. Chairman, I yield 1 minute to the gentlewoman from California (Mrs. Davis), a member of the Committee.
Mr. Chairman, I yield such time as he may consume to the gentleman from California (Mr. George Miller), the ranking member of the Committee on Education and the Workforce.
Mr. Chairman, I demand a recorded vote, and pending that, I make the point of order that a quorum is not present.
Mr. Chairman, I rise in opposition to the Musgrave amendment and I yield myself such time as I may consume.
Mr. Chairman, I strongly oppose this amendment. Vouchers undermine the very foundation of IDEA. IDEA guarantees children with disabilities a free and appropriate public education and provides important safeguards to the child and the parents to ensure that education is actually received.
When a special education child takes a voucher to a private school, all guarantees and rights under IDEA are lost. The McKay Voucher Program in Florida, which allows children with disabilities to use vouchers to go to private schools, is a perfect example of the pitfalls of an IDEA voucher program gone wrong.
In the Florida special education voucher program, there are no State reviews of the education and services being provided, and there are no civil rights protections if parents are not happy with the education and services their children or their child is receiving. Under the Florida IDEA voucher program, private schools can and do charge parents additional tuition and fees above the voucher making it difficult and usually impossible for low income parents to benefit from vouchers.
Contrary to what some people claim, vouchers do not increase parents' choice. Private schools can and do discriminate for a variety of reasons. They can refuse to take a student for any reason including the student's disability. So when it comes to vouchers, it is not the parents who have the choice. It is the private school.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, how much time is remaining?
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from New Jersey (Mr. Payne), a member of the committee.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from California (Mr. George Miller), the ranking member of the Committee on Education and the Workforce.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I claim time in opposition, and I reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the gentleman from Rhode Island (Mr. Kennedy).
Mr. Chairman, I yield such time as he may consume to the gentleman from California (Mr. George Miller), the ranking member of the Committee on Education and the Workforce.
Mr. Chairman, I yield 30 seconds to the gentleman from Rhode Island (Mr. Kennedy).
Mr. Chairman, I yield 30 seconds to the gentleman from Rhode Island (Mr. Kennedy).
Mr. Chairman, I claim the time in opposition to the Tancredo amendment.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment restricts local schools' methods of identifying students as having learning disabilities by redefining the language ``specific learning disability'' as a disorder ``due to a medically detectable and diagnosable physiological condition relying on physical and scientific evidence.''
Learning disabilities are not simply a medical condition that can only be determined by a doctor. Current definition includes disorders with psychological processes which have severe impact on learning and behavior. The Tancredo amendment creates a new and very narrow medical condition definition that would actually keep children from getting the special education services that they need, and they need those services so they can learn and be successful in school.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. George Miller).
Mr. Chairman, I yield 2 minutes to the gentleman from Rhode Island (Mr. Kennedy).
Mr. Chairman, I yield myself such time as I may consume.
I would like to repeat that this amendment creates a very narrow medical condition definition, and it would keep children from getting the special education services they need to learn and to be successful in school.
Mr. Chairman, I yield the balance of my time to the gentleman from Rhode Island (Mr. Kennedy).
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I claim time in opposition to the amendment.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I support the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I claim time in opposition to the amendment, but I do not oppose it.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, there is strong bipartisan support for the McKeon/ Woolsey amendment, amendment No. 10, because it guarantees that from now on, all increases in Federal IDEA funds go to local schools where they belong.
My Republican colleague and I came together to offer this amendment because we want to make certain that State do not use Federal increases in IDEA funds to solve their State budget problems. We are aware of at least 4 States, including our own California, that may be considering using IDEA funding increases at the State level for other purposes.
While we all here in this room are sympathetic to State budget problems, we agree that IDEA funding must not be used to solve those problems. The McKeon/Woolsey amendment ensures this will not happen by prohibiting States from keeping increases in IDEA funds for their own use.
Whenever I talk to the educators in my local school districts, the first thing they bring up is IDEA, and the first thing they bring up about IDEA is funding. As we all know, the Federal government has a long way to go to fully fund the Federal share of IDEA. It is our local school districts who fulfill the responsibility of providing every child with a free and appropriate public education. And it is these school districts, not the States, who must benefit from federal IDEA funds.
Local schools desperately need every penny of Federal IDEA funds, and the McKeon/Woolsey amendment makes sure that they get them. I encourage my colleagues to vote aye on the McKeon/Woolsey amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I claim the time in opposition to the amendment, and I yield myself such time as I may consume to have a colloquy with the gentleman from Washington (Mr. Nethercutt).
Mr. Chairman, I first want to thank the gentleman for his amendment and for his support of young children and their families. I understand this amendment retains the integrity of the team process. We want to preserve the team approach and the philosophy that the decisions of the IFSP team are to be made in partnership with the family and the providers in determining together what is appropriate for the child.
I also understand that this amendment is not meant to understate the importance of even the youngest children with disabilities being able to be with their peers in their neighborhoods, child care or Head Start, or in other settings that will give them both the special services they need but the opportunities to be part of their communities. Is this correct?
I yield to the gentleman from Washington.
Reclaiming my time, Mr. Chairman, I thank the gentleman very much.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I would like to say that I support the
gentleman's amendment and congratulate him on introducing it.
Mr. Chairman, I claim the time in opposition to this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield back the balance of my time.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.