IDEA Parity for Outlying Areas Act

I 116TH CONGRESS 1ST SESSION H. R. 2437 To amend the Individuals with Disabilities Education Act to provide parity for outlying areas, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 1, 2019 Mr. SAN NICOLAS introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Individuals with Disabilities Education Act to provide parity for outlying areas, and for other purposes. 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 ‘‘IDEA Parity for Out- 4 lying Areas Act’’. 5 SEC. 2. ASSISTANCE FOR EDUCATION OF ALL CHILDREN 6 WITH DISABILITIES. 7 (a) AUTHORIZATION; ALLOTMENT; USE OF FUNDS; 8 AUTHORIZATION OF APPROPRIATIONS.—Section 611 of 9 VerDate Sep 11 2014 01:39 May 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2437.IH H2437 kjohnson on DSK79L0C42 with BILLS 2 •HR 2437 IH the Individuals with Disabilities Education Act (20 U.S.C. 1 1411) is amended— 2 (1) in subsection (b)(1)— 3 (A) in subparagraph (A), by striking ‘‘not 4 more than 1 percent’’ and inserting ‘‘not less 5 than 1 percent’’; and 6 (B) by striking subparagraph (B), and re- 7 designating subparagraph (C) as subparagraph 8 (B); and 9 (2) in subsection (e)(1)(A)(ii), by striking ‘‘or 10 $35,000, whichever is greater’’. 11 (b) PRESCHOOL GRANTS.—Section 619 of the Indi- 12 viduals with Disabilities Education Act (20 U.S.C. 1419) 13 is amended— 14 (1) in subsection (c)(1), by striking ‘‘The Sec- 15 retary shall allocate the amount’’ and inserting 16 ‘‘After reserving funds for payments to the outlying 17 areas under subsection (h)(1) for a fiscal year, the 18 Secretary shall allocate the remaining amount’’; 19 (2) by redesignating subsections (h), (i), and (j) 20 as subsections (i), (j), and (k), respectively; and 21 (3) by inserting after subsection (g) the fol- 22 lowing new subsection: 23 ‘‘(h) OUTLYING AREAS.— 24 VerDate Sep 11 2014 01:39 May 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2437.IH H2437 kjohnson on DSK79L0C42 with BILLS 3 •HR 2437 IH ‘‘(1) FUNDS RESERVED.—From the amount ap- 1 propriated under subsection (k) for each fiscal year 2 beginning after the date of enactment of the IDEA 3 Parity for Outlying Areas Act, the Secretary shall 4 reserve not less than 1 percent, which shall be used 5 to provide assistance to the outlying areas in accord- 6 ance with their respective populations of children 7 aged 3 through 5 and their relative populations of 8 all children aged 3 through 5 who are living in pov- 9 erty, in accordance with this section. 10 ‘‘(2) FIRST AWARD YEAR.—For the first fiscal 11 year the Secretary provides assistance to outlying 12 areas under this section, subsection (c)(2)(B)(iii) 13 shall not apply to outlying areas. 14 ‘‘(3) APPLICATION OF RESERVATION FOR 15 STATE ACTIVITIES.—Subsection (d) shall be applied 16 to outlying areas by substituting ‘for the first fiscal 17 year beginning after the date of enactment of the 18 IDEA Parity for Outlying Areas Act’ for ‘for fiscal 19 year 1997’. 20 ‘‘(4) DEFINITION.—For each fiscal year begin- 21 ning after the date of enactment of the IDEA Parity 22 for Outlying Areas Act, each use of the term ‘State’ 23 in this section shall be deemed to refer to a State 24 VerDate Sep 11 2014 01:39 May 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2437.IH H2437 kjohnson on DSK79L0C42 with BILLS 4 •HR 2437 IH or outlying area, as appropriate to carry out this 1 subsection.’’. 2 SEC. 3. ALLOCATION OF FUNDS FOR INFANTS AND TOD- 3 DLERS WITH DISABILITIES. 4 Section 643(a) of the Individuals with Disabilities 5 Education Act (20 U.S.C. 1443(a)) is amended— 6 (1) by striking ‘‘AREAS.—’’ and all that follows 7 through ‘‘(1) IN GENERAL.—From’’ and inserting 8 ‘‘AREAS.—From’’; 9 (2) by striking ‘‘not more than 1 percent’’ and 10 inserting ‘‘not less than 1 percent’’; and 11 (3) by striking paragraph (2). 12 SEC. 4. STATE PERSONNEL DEVELOPMENT GRANTS. 13 (a) PURPOSE; DEFINITION OF PERSONNEL; PRO- 14 GRAM AUTHORITY.—Section 651 of the Individuals with 15 Disabilities Education Act (20 U.S.C. 1451) is amended— 16 (1) in subsection (c)(3), by striking ‘‘$80,000’’ 17 and inserting ‘‘$160,000’’; and 18 (2) in subsection (d)(3), by striking ‘‘$80,000’’ 19 and inserting ‘‘$160,000’’. 20 (b) USE OF FUNDS.—Section 654 of the Individuals 21 with Disabilities Education Act (20 U.S.C. 1454) is 22 amended by striking subsection (e). 23 Æ VerDate Sep 11 2014 01:39 May 04, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2437.IH H2437 kjohnson on DSK79L0C42 with BILLS