HR 1102 IHCommentsClose CommentsPermalink

To require full funding of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act.CommentsClose CommentsPermalink

February 13, 2009CommentsClose CommentsPermalink

Mr. VAN HOLLEN (for himself, Mr. GEORGE MILLER of California, Ms. BERKLEY, Mr. BERMAN, Mr. BISHOP of Georgia, Mr. BISHOP of New York, Mr. BLUMENAUER, Ms. BORDALLO, Mr. BOUCHER, Mr. BRADY of Pennsylvania, Ms. CORRINE BROWN of Florida, Mrs. CAPPS, Mr. CARNAHAN, Mr. CARNEY, Mr. CARSON of Indiana, Ms. CASTOR of Florida, Mr. CHANDLER, Mr. CLAY, Mr. CLEAVER, Mr. COHEN, Mr. CONNOLLY of Virginia, Mr. CONYERS, Mr. COSTELLO, Mr. COURTNEY, Mr. CUMMINGS, Mr. DAVIS of Illinois, Mrs. DAVIS of California, Mr. DEFAZIO, Mr. DELAHUNT, Mr. DOYLE, Ms. EDWARDS of Maryland, Mr. ELLISON, Mr. ENGEL, Mr. ETHERIDGE, Mr. FRANK of Massachusetts, Mr. AL GREEN of Texas, Mr. GENE GREEN of Texas, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HARE, Mr. HIGGINS, Mr. HINOJOSA, Mr. HOLT, Mr. HONDA, Mr. KAGEN, Ms. KILPATRICK of Michigan, Mr. KLEIN of Florida, Mr. KUCINICH, Mr. LARSON of Connecticut, Mr. LEWIS of Georgia, Mr. LOEBSACK, Mr. LYNCH, Mrs. MALONEY, Mrs. MCCARTHY of New York, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCMAHON, Ms. MOORE of Wisconsin, Mr. MURPHY of Connecticut, Mr. TIM MURPHY of Pennsylvania, Mr. ORTIZ, Mr. PALLONE, Mr. POLIS of Colorado, Mr. REYES, Mr. RODRIGUEZ, Mr. ROSS, Mr. ROTHMAN of New Jersey, Ms. SCHAKOWSKY, Mr. SCOTT of Virginia, Mr. SCOTT of Georgia, Mr. SESTAK, Mr. SIRES, Mr. STARK, Ms. SUTTON, Mr. TIERNEY, Mr. WEXLER, Mr. WILSON of Ohio, Ms. WOOLSEY, Mr. WU, and Mr. YARMUTH) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To require full funding of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Keep Our Promise to America’s Children and Teachers Act’ or the ‘Keep Our PACT Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

The Congress finds as follows:CommentsClose CommentsPermalink





(1) Children are our Nation’s future and greatest treasure.CommentsClose CommentsPermalink





(2) A high-quality education is the surest way for every child to reach his or her full potential.CommentsClose CommentsPermalink





(3) The No Child Left Behind Act represents the most sweeping revision of education policy in a generation.CommentsClose CommentsPermalink





(4) Since 2002, part A of title I of the No Child Left Behind Act has been funded at $54,679,000,000 below its authorized level.CommentsClose CommentsPermalink





(5) The Individuals with Disabilities Education Act guarantees all children with disabilities a first-rate education.CommentsClose CommentsPermalink





(6) The Individuals with Disabilities Education Improvement Act committed the Congress to providing 40 percent of the national current average per pupil expenditure for special education students.CommentsClose CommentsPermalink





(7) Since its reauthorization in 2004, the Individuals with Disabilities Education Act has been funded at $20,271,000,000 below its authorized level.CommentsClose CommentsPermalink





(8) A promise made must be a promise kept.CommentsClose CommentsPermalink

SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND ACT OF 2001.

(a) Funding- There are appropriated, out of any money in the Treasury not otherwise appropriated--CommentsClose CommentsPermalink





(1) for fiscal year 2009, an amount that equals the difference between--CommentsClose CommentsPermalink





(A) the amount appropriated for fiscal year 2009 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, andCommentsClose CommentsPermalink





(B) $30,235,088,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher;CommentsClose CommentsPermalink





(2) for fiscal year 2010, an amount that equals the difference between--CommentsClose CommentsPermalink





(A) the amount appropriated for fiscal year 2010 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, andCommentsClose CommentsPermalink





(B) $36,053,055,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher;CommentsClose CommentsPermalink





(3) for fiscal year 2011, an amount that equals the difference between--CommentsClose CommentsPermalink





(A) the amount appropriated for fiscal year 2011 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, andCommentsClose CommentsPermalink





(B) $41,871,022,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher;CommentsClose CommentsPermalink





(4) for fiscal year 2012, an amount that equals the difference between--CommentsClose CommentsPermalink





(A) the amount appropriated for fiscal year 2012 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, andCommentsClose CommentsPermalink





(B) $47,688,988,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher;CommentsClose CommentsPermalink





(5) for fiscal year 2013, an amount that equals the difference between--CommentsClose CommentsPermalink





(A) the amount appropriated for fiscal year 2013 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, andCommentsClose CommentsPermalink





(B) $53,506,955,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher; andCommentsClose CommentsPermalink





(6) for fiscal year 2014, an amount that equals the difference between--CommentsClose CommentsPermalink





(A) the amount appropriated for fiscal year 2014 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, andCommentsClose CommentsPermalink





(B) $59,324,922,000 or the full amount authorized to be appropriated for that fiscal year for those programs, whichever is higher.CommentsClose CommentsPermalink





(b) Use of Funds- Funds appropriated under subsection (a)--CommentsClose CommentsPermalink





(1) shall be used to carry out the programs of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; andCommentsClose CommentsPermalink





(2) shall be allocated among such programs in the same ratio as funds otherwise appropriated to carry out such programs.CommentsClose CommentsPermalink

SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

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





‘(i) Mandatory Funding- For the purpose of carrying out this part, other than section 619, there are appropriated, out of any money in the Treasury not otherwise appropriated--CommentsClose CommentsPermalink





‘(1) $12,441,723,000 for fiscal year 2009;CommentsClose CommentsPermalink





‘(2) $14,139,877,000 for fiscal year 2010;CommentsClose CommentsPermalink





‘(3) $16,069,810,000 for fiscal year 2011;CommentsClose CommentsPermalink





‘(4) $18,263,157,000 for fiscal year 2012;CommentsClose CommentsPermalink





‘(5) $20,755,871,000 for fiscal year 2013;CommentsClose CommentsPermalink





‘(6) $23,588,812,000 for fiscal year 2014;CommentsClose CommentsPermalink





‘(7) $26,808,417,000 for fiscal year 2015;CommentsClose CommentsPermalink





‘(8) $30,467,462,000 for fiscal year 2016; andCommentsClose CommentsPermalink





‘(9) for fiscal year 2017 and each subsequent fiscal year--CommentsClose CommentsPermalink





‘(A) the number of children with disabilities in the prior school year in the States, outlying areas, and freely associated States who received special education and related services--CommentsClose CommentsPermalink





‘(i) aged 3 through 5 if the States, outlying areas, and freely associated States are eligible for a grant under section 619; andCommentsClose CommentsPermalink





‘(ii) aged 6 through 21; multiplied byCommentsClose CommentsPermalink





‘(B) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted byCommentsClose CommentsPermalink





‘(C) the rate of annual change in the sum of--CommentsClose CommentsPermalink





‘(i) 85 percent of such State’s, outlying areas, and freely associated State’s population described in subsection (d)(3)(A)(i)(II).’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2008.CommentsClose CommentsPermalink

SEC. 5. OFFSET.

The amounts appropriated by this Act and the amendments made by this Act shall be expended consistent with pay-as-you-go requirements.CommentsClose CommentsPermalink