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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.)

WHEREAS, The Congress of the United States twenty-five years ago 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 $5 billion for the federal fiscal year ending September 30, 2000 is projected to fund only 12.7% of the cost of carrying out the mandate of IDEA and due to increasing costs, will probably provide even less than 12.7% federal funding; 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, twenty-five 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 General Assembly of the State of Rhode Island and Providence Plantations hereby memorializes the Congress of the United States during the reauthorization of the Individuals with Disabilities Education Act 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 a duly certified copy 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.