S.
2883
To
allow States to design a program to increase parental choice in
special education, to fully fund the Federal share of part B of
the Individuals with Disabilities Education Act, to help States
reduce paperwork requirements under part B of such Act, and for
other purposes.
IN THE
SENATE OF THE UNITED STATES
AUGUST
1, 2002
Mr.
CRAIG introduced the following bill; which was read twice
and referred to the Committee on Health, Education, Labor, and
Pensions
A BILL
To
allow States to design a program to increase parental choice in
special education, to fully fund the Federal share of part B of
the Individuals with Disabilities Education Act, to help States
reduce paperwork requirements under part B of such Act, and for
other purposes.
Be it
enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This
Act may be cited as the ‘‘Choice IDEA Act ’’.
SEC.
2. CHOICE PROGRAM AND SALARY PROGRAM.
Part B
of the Individuals with Disabilities Education Act (20
U.S.C.1400 et seq.) is amended by adding at the end the
following:
SEC.
620. CHOICE PROGRAM.
(a)
CHOICE PROGRAM AUTHORITY.
(1) IN
GENERAL.—The Secretary shall carry out a program under which the
Secretary provides States with the option of using funds
received under this part —
(A) to
carry out this part in accordance with the provisions of this
part; or
(B) to
carry out a choice program that meets the requirements of
subsection (b),with-out regard to the provisions of this part
other than this section.
(b)
CHOICE PROGRAM REQUIREMENT S.—Each State carrying out a choice
program under this section shall —
(1) create a list
that contains —
(A) an itemization of
disabilities by category; and
(B) the total average
cost in the State associated with educating a child with a
disability described in each such category;
(2)create a menu of
special education and related services that
(A) is no less
comprehensive than the special education and related services
available in school districts within the State on the day before
the date of enactment of this section; and
(B) includes the
estimated cost per child per hour or semester, as appropriate,
to receive 9the special education and related services;
(3)submit the list
and menu to the Secretary for approval;
(4) allow a parent of
each child with a disability in the State to use the proceeds of
a voucher provided under paragraph (5) to pay the costs of the
special education and related services that the parent selects
from the menu for their child to receive, which selection may be
made with the advice of any person the parent determines
appropriate;
(5)
provide a voucher to a parent of each child with a disability in
the State in an amount that —
(A)
is equal to the cost of the special education and related
services offered by public schools within the State to a child
with a disability, determined in accordance with the approved
list; and
(B) does not exceed
the cost of the special education and related services available
to the child under the approved list;
(6)permit a parent to
use the proceeds of the voucher —
(A) to obtain the
special education and related services, selected from the menu
by the parent, at a public school; or
(B) to pay the cost
of the child ’s attendance at a public or private school and
(7)establish
independent binding arbitration procedures for disputes related
to —
(A) the determination
of whether a child is a child with a disability as defined in
section 602;and
(B) the
categorization of a child ’s disability.
SEC. 621. SALARY
PROGRAM
(a) GRANTS
AUTHORIZED—From amounts appropriated under subsection (b), the
Secretary shall award grants to States, that do not participate
in a choice program under section 620,to enable the States to
award grants to local educational agencies in the State in which
15 percent or more of the students served by the agency are
children with disabilities, to help defray the salaries of
individuals who help with paperwork associated with receiving
funds under this part.
(b) AUTHORIZATION OF
APPROPRIATIONS.—There are authorized to be appropriated to carry
out this section $1,000,000 for fiscal year 2003 and each
subsequent fiscal year.’’
SEC. 3. FULL FUNDING.
Section 611(j)of the
Individuals with Disabilities Education Act (20 U.S.C.1411(j))is
amended to read as follows:
(j) AUTHORIZATION OF
APPROPRIATIONS—For the purpose of carrying out this part, other
than section 619, there are authorized to be appropriated —
(1)$10,000,000,000
for fiscal year 2003;
(2)$12,179,939,000
for fiscal year 2004;
(3)$14,359,817,000
for fiscal year 2005;
(4)$16,539,817,000
for fiscal year 2006;
(5)$18,719,756,000
for fiscal year 2007;
(6)$20,899,695,000
for fiscal year 2008;
(7)$23,079,634,000
for fiscal year 2009;and
(8)$24,956,000,000
for fiscal year 2010.
Please post you comments
