HF 89

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A resolution
1.2memorializing the President and Congress to carry through on their pledge to fund 40
1.3percent of special education costs.
1.4WHEREAS, in 1975 the Congress passed Public Law 94-142, the Individuals with
1.5Disabilities Education Act, and provided a national framework for providing free, appropriate
1.6public education to all students regardless of the level or severity of disability; and
1.7WHEREAS, Congress in its initial passage of the Individuals with Disabilities Education
1.8Act declared its intent to fund 40 percent of special education costs; and
1.9WHEREAS, the federal government's share of funding for special education costs in
1.10Minnesota has never exceeded 18 percent of total special education costs; and
1.11WHEREAS, since the passage of the Individuals with Disabilities Education Act, the states
1.12and local districts have been primarily responsible for providing funding for special education
1.13services due to a lack of federal funds; and
1.14WHEREAS, special education services are being provided to all eligible children in the
1.15State of Minnesota; and
1.16WHEREAS, many states, including Minnesota, must provide substantial state funding to
1.17fill the gaps left by Congress' unfunded promise; and
1.18WHEREAS, the recent increases in federal funds for schools, including the increases in
1.19special education funding, have come with substantial mandates and limitations on the use of
1.20funds; and
2.1WHEREAS, Congress is now currently debating the most effective ways to improve
2.2education among the states; NOW, THEREFORE,
2.3BE IT RESOLVED by the Legislature of the State of Minnesota that Congress should
2.4speedily adhere to the goal to fund 40 percent of special education costs initially stated in the
2.5Individuals with Disabilities Education Act and appropriate to the state's significant, genuine
2.6assistance to meet the needs of students with disabilities.
2.7BE IT FURTHER RESOLVED that federal maintenance of effort requirements should only
2.8apply to state appropriations for special education and not to local school district subsidies for
2.9special education from general education funds.
2.10BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is
2.11directed to prepare copies of this memorial and transmit them to the President of the United States,
2.12the President and the Secretary of the United States Senate, the Speaker and the Clerk of the United
2.13States House of Representatives, and Minnesota's Senators and Representatives in Congress.