[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 838 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 838
To support children with disabilities during the COVID-19 pandemic.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2021
Mr. Schiff (for himself and Ms. Johnson of Texas) introduced the
following bill; which was referred to the Committee on Appropriations,
and in addition to the Committee on the Budget, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To support children with disabilities during the COVID-19 pandemic.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Children with
Disabilities During COVID-19 Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A free appropriate public education is a fundamental
educational right of all children with disabilities, guaranteed
by the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and
the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.).
(2) More than 7,000,000 school-aged children with
disabilities, approximately 13 percent of the total student
enrollment, are currently entitled to individualized education
and related services mandated by the Individuals with
Disabilities Education Act.
(3) Nearly 500,000 infants and toddlers, as well as their
families, receive supports and services under the Individuals
with Disabilities Education Act and these early interventions
have been proven to improve education outcomes.
(4) Under the Individuals with Disabilities Education Act,
schools and lead agencies responsible for the administration of
funds under part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.) (referred to in this Act
as ``lead agencies'') are required to provide early
intervention, special education, and related services to
children with disabilities, an obligation that requires
services outlined in a child's individualized family service
plan (referred to as an ``IFSP'') or individualized education
program (referred to as an ``IEP'').
(5) Children with disabilities have been disproportionately
impacted by the disruptions to education resulting from the
COVID-19 pandemic, with many children with disabilities needing
additional supports and services to meet their IEP and IFSP
goals as the delivery of education and services has shifted
from in-person to remote formats.
(6) Local educational agencies and lead agencies face extra
costs associated with adjusting services and continuing to
provide a free, appropriate public education while children
with disabilities are receiving services through distance
learning and remote service delivery.
(7) Schools are facing unprecedented budget challenges due
to the rising costs of responding to COVID-19, coupled with
State and local revenue shortfalls, as well as the severe and
persistent underfunding of the Individuals with Disabilities
Education Act.
(8) To ensure that schools and lead agencies continue to
meet the needs of children with disabilities and their
families, including providing trained and certified special
educators and education support specialists, emergency
supplemental funding is needed under the Individuals with
Disabilities Education Act.
(9) Emergency supplemental funding is also needed under the
Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.)
because services provided under that Act help ensure that
students with disabilities have the technology devices and
services they need to access equal educational opportunities.
SEC. 3. SUPPLEMENTAL APPROPRIATIONS.
(a) In General.--The following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2021:
(1) $11,000,000,000 for grants to States under section 611
of the Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.).
(2) For early childhood education programs--
(A) $400,000,000 for preschool grants under section
619 of the Individuals with Disabilities Education Act
(20 U.S.C. 1419); and
(B) $500,000,000 for programs for infants and
toddlers under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.).
(3) $300,000,000 for personnel development under section
662 of the Individuals with Disabilities Education Act (20
U.S.C. 1462).
(4) $55,000,000 for the Assistive Technology Act of 1998
(29 U.S.C. 3001 et seq.).
(b) Emergency Designation.--
(1) In general.--The amounts provided by this section are
designated as an emergency requirement pursuant to section 4(g)
of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(2) Designation in senate.--In the Senate, this Act is
designated as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
(c) Applicability of All Terms and Conditions.--All terms and
conditions that apply to a program under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) or the Assistive
Technology Act of 1998 (29 U.S.C. 3001 et seq.), as the case may be,
shall apply with respect to support provided for the program through
funds made available under subsection (a).
(d) General Provisions.--Any amount appropriated under this section
is in addition to other amounts appropriated or made available for the
applicable purpose.
SEC. 4. REPORTING.
(a) IDEA Funds.--
(1) In general.--Recipients of funds made available under
this Act for activities authorized under the Individuals with
Disabilities Education Act shall separately account for, and
report on, how such funds are spent in accordance with this
section.
(2) LEAs.--Not later than 1 year after the distribution of
funds under this Act, local educational agencies shall report
the use of funds appropriated in this Act to their respective
State educational agencies.
(3) SEAs.--Not later than 1 year after the distribution of
funds under this Act, State educational agencies shall produce
a publicly available report that contains information about
such spending by each local educational agency in the State and
aggregate spending of local educational agencies in the State
by allowable uses under Individuals with Disabilities Education
Act. Each State educational agency shall make that report
available in an accessible manner on the website of the State
educational agency and submit the report to the Secretary of
Education.
(4) Lead agency.--Not later than 1 year after the
distribution of funds under this Act, each lead agency
responsible for the administration of funds provided under part
C of the Individuals with Disabilities Education Act (20 U.S.C.
1431 et seq.) shall prepare and submit to the Secretary of
Education a report that contains information about how the lead
agency spent funds appropriated under this Act.
(5) Secretary of education.--The Secretary of Education
shall release a nationally representative report on
expenditures under this Act and send such report to the
Committee on Appropriations and the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Appropriations and the Committee on Education and Labor of
the House of Representatives. Not later than 1 year after the
distribution of funds under this Act, the Secretary of
Education's report shall be placed on the Department of
Education's website in an accessible format.
(b) Assistive Technology Act of 1998.--
(1) In general.--Recipients of funds made available under
this Act for activities authorized under the Assistive
Technology Act of 1998 (29 U.S.C. 3001 et seq.) shall
separately account for, and report on, how such funds are spent
in accordance with this subsection.
(2) Secretary of health and human services.--Not later than
1 year after the distribution of funds under this Act, the
Secretary of Health and Human Services shall release a
nationally representative report on expenditures made available
under this Act for activities authorized under the Assistive
Technology Act of 1998.
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