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H.C.R. 2 Enrolled






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:
                  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
                      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
                      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
                      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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