Keep Our PACT Act

II 118TH CONGRESS 1ST SESSION S. 1202 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 19, 2023 Mr. VAN HOLLEN (for himself, Mr. PADILLA, Mr. MERKLEY, Mr. LUJA´N, Ms. BALDWIN, Ms. DUCKWORTH, Mr. REED, Mr. CARDIN, Mr. MURPHY, Mr. DURBIN, Mr. MARKEY, Ms. WARREN, Ms. HIRONO, Ms. SMITH, Mr. SANDERS, Ms. KLOBUCHAR, Mr. BLUMENTHAL, Mr. BROWN, Mr. BOOK- ER, and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pen- sions 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 VerDate Sep 11 2014 00:03 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1202.IS S1202 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1202 IS SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Children are our Nation’s future and great- 3 est treasure. 4 (2) A high-quality education is the surest way 5 for every child to reach his or her full potential. 6 (3) Part A of title I of the Elementary and Sec- 7 ondary Education Act of 1965 (20 U.S.C. 6311 et 8 seq.) helps address inequity in education in school 9 districts across the United States to provide a high- 10 quality education to every student. 11 (4) The Individuals with Disabilities Education 12 Act (20 U.S.C. 1400 et seq.) guarantees all children 13 with disabilities a first-rate education. 14 (5) The amendments made to such Act by the 15 Individuals with Disabilities Education Improvement 16 Act of 2004 (Public Law 108–446; 118 Stat. 2647) 17 committed Congress to providing 40 percent of the 18 national current average per-pupil expenditure for 19 students with disabilities. 20 (6) A promise made must be a promise kept. 21 SEC. 3. MANDATORY FUNDING OF PART A OF TITLE I OF 22 ESEA. 23 (a) DEFINITION OF FISCAL YEAR 2023 PART A OF 24 TITLE I APPROPRIATION.—In this section, the term ‘‘fis- 25 cal year 2023 part A of title I appropriation’’ means the 26 VerDate Sep 11 2014 00:03 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1202.IS S1202 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1202 IS amount appropriated for fiscal year 2023 for programs 1 under part A of title I of the Elementary and Secondary 2 Education Act of 1965 (20 U.S.C. 6311 et seq.). 3 (b) FUNDING.—There are appropriated, out of any 4 money in the Treasury not otherwise appropriated, for 5 programs under part A of title I of the Elementary and 6 Secondary Education Act of 1965 (20 U.S.C. 6311 et 7 seq.)— 8 (1) for fiscal year 2024, an amount that equals 9 the difference between— 10 (A) the fiscal year 2023 part A of title I 11 appropriation; and 12 (B) $20,536,802,000 or the full amount 13 authorized to be appropriated for the fiscal year 14 for such programs, whichever is greater; 15 (2) for fiscal year 2025, an amount that equals 16 the difference between— 17 (A) the fiscal year 2023 part A of title I 18 appropriation; and 19 (B) $22,735,435,000 or the full amount 20 authorized to be appropriated for the fiscal year 21 for such programs, whichever is greater; 22 (3) for fiscal year 2026, an amount that equals 23 the difference between— 24 VerDate Sep 11 2014 00:03 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1202.IS S1202 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1202 IS (A) the fiscal year 2023 part A of title I 1 appropriation; and 2 (B) $25,169,449,000 or the full amount 3 authorized to be appropriated for the fiscal year 4 for such programs, whichever is greater; 5 (4) for fiscal year 2027, an amount that equals 6 the difference between— 7 (A) the fiscal year 2023 part A of title I 8 appropriation; and 9 (B) $27,864,044,000 or the full amount 10 authorized to be appropriated for the fiscal year 11 for such programs, whichever is greater; 12 (5) for fiscal year 2028, an amount that equals 13 the difference between— 14 (A) the fiscal year 2023 part A of title I 15 appropriation; and 16 (B) $30,847,118,000 or the full amount 17 authorized to be appropriated for the fiscal year 18 for such programs, whichever is greater; 19 (6) for fiscal year 2029, an amount that equals 20 the difference between— 21 (A) the fiscal year 2023 part A of title I 22 appropriation; and 23 VerDate Sep 11 2014 00:03 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1202.IS S1202 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1202 IS (B) $34,149,554,000 or the full amount 1 authorized to be appropriated for the fiscal year 2 for such programs, whichever is greater; 3 (7) for fiscal year 2030, an amount that equals 4 the difference between— 5 (A) the fiscal year 2023 part A of title I 6 appropriation; and 7 (B) $37,805,543,000 or the full amount 8 authorized to be appropriated for the fiscal year 9 for such programs, whichever is greater; 10 (8) for fiscal year 2031, an amount that equals 11 the difference between— 12 (A) the fiscal year 2023 part A of title I 13 appropriation; and 14 (B) $41,852,935,000 or the full amount 15 authorized to be appropriated for the fiscal year 16 for such programs, whichever is greater; 17 (9) for fiscal year 2032, an amount that equals 18 the difference between— 19 (A) the fiscal year 2023 part A of title I 20 appropriation; and 21 (B) $46,333,634,000 or the full amount 22 authorized to be appropriated for the fiscal year 23 for such programs, whichever is greater; and 24 VerDate Sep 11 2014 00:03 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1202.IS S1202 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1202 IS (10) for fiscal year 2033, $51,294,029,000 or 1 the full amount authorized to be appropriated for 2 the fiscal year for such programs, whichever is 3 greater. 4 SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH 5 DISABILITIES EDUCATION ACT. 6 Section 611(i) of the Individuals with Disabilities 7 Education Act (20 U.S.C. 1411(i)) is amended to read 8 as follows: 9 ‘‘(i) FUNDING.— 10 ‘‘(1) IN GENERAL.—For the purpose of car- 11 rying out this part, other than section 619, there are 12 authorized to be appropriated— 13 ‘‘(A) $16,259,193,000 or 14.2 percent of 14 the amount determined under paragraph (2), 15 whichever is greater, for fiscal year 2024, and 16 there are hereby appropriated $5,870,321,000 17 or 5.1 percent of the amount determined under 18 paragraph (2), whichever is greater, for fiscal 19 year 2024, which shall become available for ob- 20 ligation on July 1, 2024, and shall remain 21 available through September 30, 2025; 22 ‘‘(B) $18,636,567,000 or 16.0 percent of 23 the amount determined under paragraph (2), 24 whichever is greater, for fiscal year 2025, and 25 VerDate Sep 11 2014 00:03 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1202.IS S1202 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1202 IS there are hereby appropriated $7,535,090,000 1 or 6.5 percent of the amount determined under 2 paragraph (2), whichever is greater, for fiscal 3 year 2025, which shall become available for ob- 4 ligation on July 1, 2025, and shall remain 5 available through September 30, 2026; 6 ‘‘(C) $21,361,554,000 or 17.9 percent of 7 the amount determined under paragraph (2), 8 whichever is greater, for fiscal year 2026, and 9 there are hereby appropriated $9,671,973,000 10 or 8.1 percent of the amount determined under 11 paragraph (2), whichever is greater, for fiscal 12 year 2026, which shall become available for ob- 13 ligation on July 1, 2026, and shall remain 14 available through September 30, 2027; 15 ‘‘(D) $24,484,981,000 or 20.1 percent of 16 the amount determined under paragraph (2), 17 whichever is greater, for fiscal year 2027, and 18 there are hereby appropriated $12,414,856,000 19 or 10.2 percent of the amount determined 20 under paragraph (2), whichever is greater, for 21 fiscal year 2027, which shall become available 22 for obligation on July 1, 2027, and shall remain 23 available through September 30, 2028; 24 VerDate Sep 11 2014 00:03 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1202.IS S1202 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1202 IS ‘‘(E) $28,065,107,000 or 22.6 percent of 1 the amount determined under paragraph (2), 2 whichever is greater, for fiscal year 2028, and 3 there are hereby appropriated $15,935,595,000 4 or 12.8 percent of the amount determined 5 under paragraph (2), whichever is greater, for 6 fiscal year 2028, which shall become available 7 for obligation on July 1, 2028, and shall remain 8 available through September 30, 2029; 9 ‘‘(F) $32,168,709,000 or 25.3 percent of 10 the amount determined under paragraph (2), 11 whichever is greater, for fiscal year 2029, and 12 there are hereby appropriated $20,454,785,000 13 or 16.1 percent of the amount determined 14 under paragraph (2), whichever is greater, for 15 fiscal year 2029, which shall become available 16 for obligation on July 1, 2029, and shall remain 17 available through September 30, 2030; 18 ‘‘(G) $36,872,329,000 or 28.4 percent of 19 the amount determined under paragraph (2), 20 whichever is greater, for fiscal year 2030, and 21 there are hereby appropriated $26,255,574,000 22 or 20.2 percent of the amount determined 23 under paragraph (2), whichever is greater, for 24 fiscal year 2030, which shall become available 25 VerDate Sep 11 2014 00:03 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1202.IS S1202 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1202 IS for obligation on July 1, 2030, and shall remain 1 available through September 30, 2031; 2 ‘‘(H) $42,263,698,000 or 31.8 percent of 3 the amount determined under paragraph (2), 4 whichever is greater, for fiscal year 2031, and 5 there are hereby appropriated $33,701,415,000 6 or 25.4 percent of the amount determined 7 under paragraph (2), whichever is greater, for 8 fiscal year 2031, which shall become available 9 for obligation on July 1, 2031, and shall remain 10 available through September 30, 2032; 11 ‘‘(I) $48,443,379,000 or 35.7 percent of 12 the amount determined under paragraph (2), 13 whichever is greater, for fiscal year 2032, and 14 there are hereby appropriated $43,258,828,000 15 or 31.9 percent of the amount determined 16 under paragraph (2), whichever is greater, for 17 fiscal year 2032, which shall become available 18 for obligation on July 1, 2032, and shall remain 19 available through September 30, 2033; and 20 ‘‘(J) $55,526,635,000 or 40.0 percent of 21 the amount determined under paragraph (2), 22 whichever is greater, for fiscal year 2033 and 23 each subsequent fiscal year, and there are here- 24 by appropriated $55,526,635,000 or 40.0 per- 25 VerDate Sep 11 2014 00:03 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1202.IS S1202 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1202 IS cent of the amount determined under para- 1 graph (2), whichever is greater, for fiscal year 2 2033 and each subsequent fiscal year, which— 3 ‘‘(i) shall become available for obliga- 4 tion with respect to fiscal year 2033 on 5 July 1, 2033, and shall remain available 6 through September 30, 2034; and 7 ‘‘(ii) shall become available for obliga- 8 tion with respect to each subsequent fiscal 9 year on July 1 of that fiscal year and shall 10 remain available through September 30 of 11 the succeeding fiscal year. 12 ‘‘(2) AMOUNT.—With respect to each subpara- 13 graph of paragraph (1), the amount determined 14 under this paragraph is the product of— 15 ‘‘(A) the total number of children with dis- 16 abilities in all States who— 17 ‘‘(i) received special education and re- 18 lated services, as determined by the Sec- 19 retary on the basis of the most recent sat- 20 isfactory data; and 21 ‘‘(ii) were aged— 22 ‘‘(I) 3 through 5 (with respect to 23 the States that were eligible for 24 grants under section 619); and 25 VerDate Sep 11 2014 00:03 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1202.IS S1202 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1202 IS ‘‘(II) 6 through 21; and 1 ‘‘(B) the average per-pupil expenditure in 2 public elementary schools and secondary schools 3 in the United States.’’. 4 Æ VerDate Sep 11 2014 00:03 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S1202.IS S1202 kjohnson on DSK79L0C42PROD with BILLS