Keep Our PACT Act

II 116TH CONGRESS 1ST SESSION S. 1172 To require full funding of part A of title I of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act. IN THE SENATE OF THE UNITED STATES APRIL 11, 2019 Mr. VAN HOLLEN (for himself, Mr. REED, Mrs. GILLIBRAND, Mr. MERKLEY, Ms. KLOBUCHAR, Ms. HARRIS, Mr. BLUMENTHAL, Ms. SMITH, Mr. BOOKER, Ms. WARREN, Mr. BROWN, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require full funding of part A of title I of the Elementary and Secondary Education Act of 1965 and the Individ- uals with Disabilities Education Act. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Keep Our Promise to 4 America’s Children and Teachers Act’’ or the ‘‘Keep Our 5 PACT Act’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 VerDate Sep 11 2014 18:30 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1172.IS S1172 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1172 IS (1) Children are our Nation’s future and great- 1 est treasure. 2 (2) A high-quality education is the surest way 3 for every child to reach his or her full potential. 4 (3) Part A of title I of the Elementary and Sec- 5 ondary Education Act of 1965 (20 U.S.C. 6311 et 6 seq.) helps address inequity in education in school 7 districts across the United States to provide a high- 8 quality education to every student. 9 (4) The Individuals with Disabilities Education 10 Act (20 U.S.C. 1400 et seq.) guarantees all children 11 with disabilities a first-rate education. 12 (5) The amendments made to such Act by the 13 Individuals with Disabilities Education Improvement 14 Act of 2004 (Public Law 108–446; 118 Stat. 2647) 15 committed Congress to providing 40 percent of the 16 national current average per-pupil expenditure for 17 students with disabilities. 18 (6) A promise made must be a promise kept. 19 SEC. 3. MANDATORY FUNDING OF PART A OF TITLE I OF 20 ESEA. 21 (a) DEFINITION OF FISCAL YEAR 2019 PART A OF 22 TITLE I APPROPRIATION.—In this section, the term ‘‘fis- 23 cal year 2019 part A of title I appropriation’’ means the 24 amount appropriated for fiscal year 2019 for programs 25 VerDate Sep 11 2014 18:30 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1172.IS S1172 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1172 IS under part A of title I of the Elementary and Secondary 1 Education Act of 1965 (20 U.S.C. 6311 et seq.). 2 (b) FUNDING.—There are appropriated, out of any 3 money in the Treasury not otherwise appropriated— 4 (1) for fiscal year 2020, an amount that equals 5 the difference between— 6 (A) the fiscal year 2019 part A of title I 7 appropriation; and 8 (B) $17,649,171,000 or the full amount 9 authorized to be appropriated for the fiscal year 10 for those programs, whichever is greater; 11 (2) for fiscal year 2021, an amount that equals 12 the difference between— 13 (A) the fiscal year 2019 part A of title I 14 appropriation; and 15 (B) $19,640,424,000 or the full amount 16 authorized to be appropriated for the fiscal year 17 for those programs, whichever is greater; 18 (3) for fiscal year 2022, an amount that equals 19 the difference between— 20 (A) the fiscal year 2019 part A of title I 21 appropriation; and 22 (B) $21,856,338,000 or the full amount 23 authorized to be appropriated for the fiscal year 24 for those programs, whichever is greater; 25 VerDate Sep 11 2014 18:30 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1172.IS S1172 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1172 IS (4) for fiscal year 2023, an amount that equals 1 the difference between— 2 (A) the fiscal year 2019 part A of title I 3 appropriation; and 4 (B) $24,322,261,000 or the full amount 5 authorized to be appropriated for the fiscal year 6 for those programs, whichever is greater; 7 (5) for fiscal year 2024, an amount that equals 8 the difference between— 9 (A) the fiscal year 2019 part A of title I 10 appropriation; and 11 (B) $27,066,400,000 or the full amount 12 authorized to be appropriated for the fiscal year 13 for those programs, whichever is greater; 14 (6) for fiscal year 2025, an amount that equals 15 the difference between— 16 (A) the fiscal year 2019 part A of title I 17 appropriation; and 18 (B) $30,120,143,000 or the full amount 19 authorized to be appropriated for the fiscal year 20 for those programs, whichever is greater; 21 (7) for fiscal year 2026, an amount that equals 22 the difference between— 23 (A) the fiscal year 2019 part A of title I 24 appropriation; and 25 VerDate Sep 11 2014 18:30 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1172.IS S1172 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1172 IS (B) $33,518,423,000 or the full amount 1 authorized to be appropriated for the fiscal year 2 for those programs, whichever is greater; 3 (8) for fiscal year 2027, an amount that equals 4 the difference between— 5 (A) the fiscal year 2019 part A of title I 6 appropriation; and 7 (B) $37,300,111,000 or the full amount 8 authorized to be appropriated for the fiscal year 9 for those programs, whichever is greater; 10 (9) for fiscal year 2028, an amount that equals 11 the difference between— 12 (A) the fiscal year 2019 part A of title I 13 appropriation; and 14 (B) $41,508,465,000 or the full amount 15 authorized to be appropriated for the fiscal year 16 for those programs, whichever is greater; and 17 (10) for fiscal year 2029, $46,191,622,000 or 18 the full amount authorized to be appropriated for 19 the fiscal year for those programs, whichever is 20 greater. 21 VerDate Sep 11 2014 18:30 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1172.IS S1172 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1172 IS SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH 1 DISABILITIES EDUCATION ACT. 2 Section 611(i) of the Individuals with Disabilities 3 Education Act (20 U.S.C. 1411(i)) is amended to read 4 as follows: 5 ‘‘(i) FUNDING.— 6 ‘‘(1) IN GENERAL.—For the purpose of car- 7 rying out this part, other than section 619, there are 8 authorized to be appropriated— 9 ‘‘(A) $14,036,427,000 or 16.2 percent of 10 the amount determined under paragraph (2), 11 whichever is greater, for fiscal year 2020, and 12 there are hereby appropriated $1,651,792,000 13 or 1.9 percent of the amount determined under 14 paragraph (2), whichever is greater, for fiscal 15 year 2020, which shall become available for ob- 16 ligation on July 1, 2020, and shall remain 17 available through September 30, 2021; 18 ‘‘(B) $15,908,525,000 or 17.9 percent of 19 the amount determined under paragraph (2), 20 whichever is greater, for fiscal year 2021, and 21 there are hereby appropriated $3,523,890,000 22 or 3.9 percent of the amount determined under 23 paragraph (2), whichever is greater, for fiscal 24 year 2021, which shall become available for ob- 25 VerDate Sep 11 2014 18:30 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1172.IS S1172 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1172 IS ligation on July 1, 2021, and shall remain 1 available through September 30, 2022; 2 ‘‘(C) $18,030,313,000 or 19.8 percent of 3 the amount determined under paragraph (2), 4 whichever is greater, for fiscal year 2022, and 5 there are hereby appropriated $5,645,678,000 6 or 6.1 percent of the amount determined under 7 paragraph (2), whichever is greater, for fiscal 8 year 2022, which shall become available for ob- 9 ligation on July 1, 2022, and shall remain 10 available through September 30, 2023; 11 ‘‘(D) $20,435,093,000 or 21.9 percent of 12 the amount determined under paragraph (2), 13 whichever is greater, for fiscal year 2023, and 14 there are hereby appropriated $8,050,458,000 15 or 8.5 percent of the amount determined under 16 paragraph (2), whichever is greater, for fiscal 17 year 2023, which shall become available for ob- 18 ligation on July 1, 2023, and shall remain 19 available through September 30, 2024; 20 ‘‘(E) $23,160,608,000 or 24.2 percent of 21 the amount determined under paragraph (2), 22 whichever is greater, for fiscal year 2024, and 23 there are hereby appropriated $10,775,973,000 24 or 11.1 percent of the amount determined 25 VerDate Sep 11 2014 18:30 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1172.IS S1172 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1172 IS under paragraph (2), whichever is greater, for 1 fiscal year 2024, which shall become available 2 for obligation on July 1, 2024, and shall remain 3 available through September 30, 2025; 4 ‘‘(F) $26,249,637,000 or 26.8 percent of 5 the amount determined under paragraph (2), 6 whichever is greater, for fiscal year 2025, and 7 there are hereby appropriated $13,865,003,000 8 or 14 percent of the amount determined under 9 paragraph (2), whichever is greater, for fiscal 10 year 2025, which shall become available for ob- 11 ligation on July 1, 2025, and shall remain 12 available through September 30, 2026; 13 ‘‘(G) $29,750,664,000 or 29.6 percent of 14 the amount determined under paragraph (2), 15 whichever is greater, for fiscal year 2026, and 16 there are hereby appropriated $17,366,029,000 17 or 17.2 percent of the amount determined 18 under paragraph (2), whichever is greater, for 19 fiscal year 2026, which shall become available 20 for obligation on July 1, 2026, and shall remain 21 available through September 30, 2027; 22 ‘‘(H) $33,718,637,000 or 32.7 percent of 23 the amount determined under paragraph (2), 24 whichever is greater, for fiscal year 2027, and 25 VerDate Sep 11 2014 18:30 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1172.IS S1172 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1172 IS there are hereby appropriated $21,334,002,000 1 or 20.6 percent of the amount determined 2 under paragraph (2), whichever is greater, for 3 fiscal year 2027, which shall become available 4 for obligation on July 1, 2027, and shall remain 5 available through September 30, 2028; 6 ‘‘(I) $38,215,836,000 or 36.2 percent of 7 the amount determined under paragraph (2), 8 whichever is greater, for fiscal year 2028, and 9 there are hereby appropriated $25,831,201,000 10 or 24.4 percent of the amount determined 11 under paragraph (2), whichever is greater, for 12 fiscal year 2028, which shall become available 13 for obligation on July 1, 2028, and shall remain 14 available through September 30, 2029; and 15 ‘‘(J) $43,312,845,000 or 40 percent of the 16 amount determined under paragraph (2), 17 whichever is greater, for fiscal year 2029 and 18 each subsequent fiscal year, and there are here- 19 by appropriated $43,312,845,000 or 40 percent 20 of the amount determined under paragraph (2), 21 whichever is greater, for fiscal year 2029 and 22 each subsequent fiscal year, which— 23 ‘‘(i) shall become available for obliga- 24 tion with respect to fiscal year 2029 on 25 VerDate Sep 11 2014 18:30 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1172.IS S1172 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1172 IS July 1, 2029, and shall remain available 1 through September 30, 2030; and 2 ‘‘(ii) shall become available for obliga- 3 tion with respect to each subsequent fiscal 4 year on July 1 of that fiscal year and shall 5 remain available through September 30 of 6 the succeeding fiscal year. 7 ‘‘(2) AMOUNT.—With respect to each subpara- 8 graph of paragraph (1), the amount determined 9 under this paragraph is the product of— 10 ‘‘(A) the total number of children with dis- 11 abilities in all States who— 12 ‘‘(i) received special education and re- 13 lated services during the last school year 14 that concluded before the first day of the 15 fiscal year for which the determination is 16 made; and 17 ‘‘(ii) were aged— 18 ‘‘(I) 3 through 5 (with respect to 19 the States that were eligible for 20 grants under section 619); and 21 ‘‘(II) 6 through 21; and 22 VerDate Sep 11 2014 18:30 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1172.IS S1172 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1172 IS ‘‘(B) the average per-pupil expenditure in 1 public elementary schools and secondary schools 2 in the United States.’’. 3 Æ VerDate Sep 11 2014 18:30 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S1172.IS S1172 pamtmann on DSKBFK8HB2PROD with BILLS