05-R 014

2005 -- H 5101

Enacted 01/13/05

H O U S E R E S O L U T I O N

MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO FULFILL ITS

COMMITMENT OF FORTY PERCENT (40%) FEDERAL FUNDING IN ITS

REAUTHORIZATION OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

(20 U.S.C. 1400 ET SEQ.)

Introduced By: Representatives Savage, Story, McNamara, Corvese, and Costantino

Date Introduced: January 13, 2005

     WHEREAS, Thirty years ago, the Congress of the United States enacted the Individuals

with Disabilities Education Act (20 U.S.C. 1400 et seq.) with a commitment of forty percent

(40%) federal funding of the costs of local school districts and states in carrying out the mandates

of the Individuals with Disabilities Education Act ("IDEA"); and

     WHEREAS, The Congress of the United States recognized in 1994 the Congressional

"commitment of forty percent (40%) federal funding" and further recognized that it was only

federally funded at the rate of eight percent (8%) (20 U.S.C. 6062); and

     WHEREAS, The federal appropriation of 10 billion dollars for the 2004 federal fiscal

year funded only eighteen and sixty-five hundredths percent (18.65%), and the 10.6 billion

dollars for FY 2005 covers only about nineteen percent (19%) of the special education tab, still

well below the forty percent (40%) federal contribution commitment; and

     WHEREAS, Local school districts in Rhode Island and throughout the United States are

mandated to meet the spiraling costs of carrying out the provisions of IDEA; and

     WHEREAS, The failure of the Congress of the United States to fully fund its original

commitment of forty percent (40%) federal funding has placed a severe burden upon local school

districts to meet the costs of the federal mandate, resulting in an insufferable burden upon local

taxpayers and diversion of funds from other education programs, thus lessening the quality of

education; and

     WHEREAS, It is time now, thirty years after the enactment of IDEA, that the Congress

of the United States appropriate the funds necessary to fully fund its original commitment to

provide forty percent (40%) federal funding of the costs of carrying out the provisions of IDEA;

now, therefore be it

     RESOLVED, That this House of Representatives of the State of Rhode Island and

Providence Plantations hereby memorializes the Congress of the United States to fulfill the

original commitment of the Congress of the United States to provide for forty percent (40%)

federal funding to local school districts to carry out the mandates of the Individuals with

Disabilities Education Act; and be it further

     RESOLVED, That the Secretary of State be and he hereby is authorized and directed to

transmit duly certified copies of this resolution to: (1) each member of the Rhode Island

delegation in the Congress of the United States; (2) the President of the United States; (3) the

President of the Senate in the Congress of the United States; (4) the Speaker of the House of

Representatives in the Congress of the United States; (5) the Chairmen of the Health, Education,

Labor and Pensions Committees in the Senate in the Congress of the United States; and (6) the

Chairmen of the Education and the Workforce Committees in the House of Representatives in the

Congress of the United States.

=======

LC00661

=======