IN THE SENATE OF THE UNITED STATES
June 4, 2013
Mr. Udall of New Mexico (for himself and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
To amend the Individuals with Disabilities Education Act in order to limit the penalties to a State that does not meet its maintenance of effort level of funding to a one-time penalty.
This Act may be cited as
IDEA MOE Adjustment
Section 612(a)(18) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(18) ) is amended—
in subparagraph (B)—
The Secretary shall
reduce the allocation of funds under section 611 for any fiscal year
and inserting the following:
The Secretary shall reduce the allocation of funds under section 611 for 1 fiscal year
by adding at the end the following:
Distribution of funds
In any case where a State's allocation under clause (i) is reduced, the Secretary shall distribute to all other States (as that term is defined in section 611(g)(2)) that were not subject to a reduction in allocation under such clause, the amount by which any State's allocation under section 611(d) was reduced under such clause, in accordance with subclauses (II) and (III) of section 611(d)(3)(A)(i) and without regard to paragraphs (A)(i)(I) and (B) of section 611(d)(3).
Use of funds by States
Each State that receives additional funds under clause (ii) shall allocate such funds to local educational agencies in accordance with section 611(f).
No consideration for future years allocation
Notwithstanding section 611(d), in calculating the amounts for allocations under such section for fiscal year 2013 and all subsequent years, the Secretary, when determining the amount a State received under such section for a preceding fiscal year, shall not consider—
any amount by which a State's allocation under such section for fiscal year 2012 or any subsequent year is reduced under clause (i); and
any amount by which a State's allocation increased, pursuant to clause (ii), as a result of a State's reduction in allocation for fiscal year 2012 or any subsequent year.