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                                                      PRINTER'S NO. 2173

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE RESOLUTION

No. 212 Session of 2000


        INTRODUCED BY RHOADES, TOMLINSON, JUBELIRER, PICCOLA, EARLL,
           CONTI, MURPHY, MOWERY, SCHWARTZ, KUKOVICH, LAVALLE, LOEPER,
           BRIGHTBILL, TILGHMAN, WENGER, ROBBINS, SALVATORE, MADIGAN,
           KITCHEN, WHITE, COSTA, GERLACH, HELFRICK, TARTAGLIONE, DENT,
           GREENLEAF, HOLL, BOSCOLA, STOUT, WAGNER, WOZNIAK, ARMSTRONG,
           BELL, CORMAN, PUNT, WAUGH, O'PAKE, MELLOW, THOMPSON, HART AND
           LEMMOND, OCTOBER 2, 2000

        REFERRED TO INTERGOVERNMENTAL AFFAIRS, OCTOBER 2, 2000

                            A CONCURRENT RESOLUTION

     1  Urging the President and Congress to increase funding for
     2     special education programs provided by the states to the
     3     level authorized by the Individuals with Disabilities
     4     Education Act.

     5     WHEREAS, In the interest of ensuring that children with
     6  disabilities in the United States receive a free appropriate
     7  public education, the Individuals with Disabilities Education
     8  Act (Public Law 91-230, 20 U.S.C. § 1400 et. seq.) encroached
     9  upon the states' traditional domain over education and
    10  established certain mandates that all state and local
    11  governments must observe in the education of children with
    12  special needs; and
    13     WHEREAS, In recognition of the high cost of these Federal
    14  mandates, the Individuals with Disabilities Education Act allows
    15  the Congress to provide each state with a maximum Federal grant
    16  equal to the number of children with disabilities in the state


     1  multiplied by 40% of the average per pupil expenditure for all
     2  special education students in the United States; and
     3     WHEREAS, Although the Commonwealth of Pennsylvania has
     4  endeavored to serve its students with special needs by
     5  implementing the costly mandates imposed by the Individuals with
     6  Disabilities Education Act, the Federal Government has not
     7  provided sufficient funding to pay for these mandates; and
     8     WHEREAS, The Federal funding the Commonwealth receives for
     9  each student with special needs is only the equivalent of 12% of
    10  the national average per pupil expenditure; and
    11     WHEREAS, By this measure, the Federal Government contributes
    12  only 19% of the total cost of special education in this
    13  Commonwealth even though the Commonwealth and its school
    14  districts must comply with 100% of the costly mandates imposed
    15  by the Individuals with Disabilities Education Act; and
    16     WHEREAS, These costs have been increasing rapidly in recent
    17  years; and
    18     WHEREAS, In this Commonwealth, even though the population of
    19  students with special needs has increased by less than 1% since
    20  1995, the number of special education instructors has increased
    21  by 14% to 14,547; and
    22     WHEREAS, In the same period, the Commonwealth's
    23  appropriations for special education have increased by 25% in
    24  order to keep pace; and
    25     WHEREAS, If the Federal Government would provide the level of
    26  funding that the Individuals with Disabilities Education Act
    27  allows, the Commonwealth would have sufficient resources to meet
    28  these growing needs, because it would receive $605,000,000 in
    29  fiscal year 2001-2002, an increase of $421,544,956, or 229.78%,
    30  over the Federal funding the Commonwealth received in fiscal
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     1  year 2000-2001; and
     2     WHEREAS, Because the Federal Government has failed to provide
     3  the level of funding that the Individuals with Disabilities
     4  Education Act allows, it has placed a disproportionate financial
     5  burden on the Commonwealth and its school districts; and
     6     WHEREAS, If the Individuals with Disabilities Education Act
     7  is to fully accomplish its mission to provide a free appropriate
     8  public education to children with disabilities, the Federal
     9  Government must provide State and local governments with the
    10  funding they need to successfully implement the act's mandates;
    11  therefore be it
    12     RESOLVED, (the House of Representatives concurring), That the
    13  General Assembly urge Congress and the President of the United
    14  States to fulfill the commitment of the Individuals with
    15  Disabilities Education Act to provide resources equal to 40% of
    16  the national average per pupil expenditure for special education
    17  students for each Pennsylvania student with special needs; and
    18  be it further
    19     RESOLVED, That copies of this resolution be sent to the
    20  President and Vice President of the United States, to the
    21  presiding officers of each house of Congress, to each member of
    22  Congress from Pennsylvania, to the National Conference of State
    23  Legislatures, to the State Board of Education and to the
    24  Secretary of Education.




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