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ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE RESOLUTION 422
Introduced by Rountree, 3.
WHEREAS, the federal Education for All Handicapped Children Act of 1975
was enacted by Congress and signed into law by the President to address the
failure of states to meet the educational needs of children with disabilities;
and
WHEREAS, in 1990, the act was amended and renamed the Individuals with
Disabilities Education Act, commonly known as IDEA; and
WHEREAS, this law remains the cornerstone of federal statutory mandates
governing special education; and
WHEREAS, the purpose of the 1975 Act, as stated by Congress, was to ensure
that all children with disabilities have available to them, within specified
time periods, a free appropriate public education which emphasizes special
education and related services designed to meet their unique needs, to assure
that the rights of children with disabilities and their parents or guardians
are protected, to assist states and localities to provide for the education of
all children with disabilities, and to assess and assure the effectiveness of
efforts to educate children with disabilities; and
WHEREAS, the 1975 Act authorized a maximum state funding entitlement of
forty percent, for the fiscal year ending September 30, 1982, and for each
fiscal year thereafter, of the average per-pupil expenditure in public
elementary and secondary schools in the United States; and
WHEREAS, since 1975, including in the most recent amendments to the IDEA,
Congress has maintained the funding authorization at forty percent of the
average per-pupil expenditure in public elementary schools and secondary
schools in the United States; and
WHEREAS, the federal government has never paid the authorized share of the
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IDEA mandate, forcing the states and local educational agencies to cover the
remaining costs of the provision of special education services; and
WHEREAS, the Nebraska student population requiring special education and
related services continues to grow each year; and
WHEREAS, state legislatures, schools, and disability and parent groups
have been trying for years to bring IDEA appropriations up to the full funding
of forty percent of average per-pupil expenditures; and
WHEREAS, because the promised federal funding level is not being met, the
burden has fallen on states and local school districts, which leads to cuts in
other state and educational programs and necessitates state and local tax
increases.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE ONE HUNDRED NINTH
LEGISLATURE OF NEBRASKA, SECOND SESSION:
1. That the Legislature respectfully urges Congress and the President of
the United States to enact legislation to fully fund the Individuals with
Disabilities Education Act.
2. That a copy of this resolution be sent to the Vice President of the
United States, the President pro tempore of the Senate, the Speaker of the
House of Representatives, and each member of Nebraska's congressional
delegation.
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