H.C.R. 2 Enrolled

INDIVIDUALS WITH DISABILITIES EDUCATION
ACT RESOLUTION
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Kory M. Holdaway

LONG TITLE
General Description:
This concurrent resolution of the Legislature and the Governor requests a mandate for
special education funding.
Highlighted Provisions:
This resolution:
. urgently requests the United States Congress to make special education funding
mandatory and fulfill its commitment to provide funding at the 40% level.
Special Clauses:
None

Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
WHEREAS, in 1975 the United States took a major step forward in promoting the
inclusion and equality of one of the nation's most disenfranchised groups of citizens;
WHEREAS, prior to enactment of the Education for All Handicapped Children's Act of
1975, only one in five children with disabilities was educated in public schools in the United
States;
WHEREAS, passage of the Education for All Handicapped Children Act, now known as
the Individuals with Disabilities Education Act (IDEA), reaffirmed the American principle that
all children deserve a free and appropriate public education;
WHEREAS, the federal government made a commitment to pay 40% of the cost for
children with special educational needs;
WHEREAS, the federal government currently funds only 18% of its initial promise to

pay 40% of per pupil expenditures under IDEA;
WHEREAS, considering the new federal No Child Left Behind requirements for raising
the percentage of students with disabilities proficient in state standards to 100% by the end of the
2013-14 school year and the federal government's prior history in funding special education costs,
states are presented with another unfunded or partially funded mandate by the federal
government;
WHEREAS, the federal contribution has always fallen short of the congressional
commitment to fully fund IDEA;
WHEREAS, local and state budgets have been forced to absorb the shortfall;
WHEREAS, after 25 years, the magnitude of that shortfall demands a new approach;
WHEREAS, funding for IDEA should be moved out of the discretionary budget and into
mandatory spending for the federal contribution;
WHEREAS, when IDEA funding nears the 40% commitment, schools will be able to free
up resources for other educational programs and services; and
WHEREAS, the United States Congress plans to review this issue during its current
session:
NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
Governor concurring therein, urgently and respectfully request that the United States Congress
make special education funding mandatory and fulfill its commitment on a long overdue promise
to provide funding at the 40% level.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the President of
the United States Senate, the Speaker of the United States House of Representatives, the United
States Secretary of Education, and the members of Utah's congressional delegation.

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