HF 1279

as introduced - 91st Legislature (2019 - 2020) Posted on 02/21/2019 05:19pm

A resolution
memorializing the President and Congress to uphold the federal government's pledge
to fund 40 percent of special education costs.

WHEREAS, in 1975 the Congress passed Public Law 94-142, the Individuals with Disabilities
Education Act, and provided a national framework for providing free, appropriate public education
to all students regardless of the level or severity of disability; and

WHEREAS, Congress in its initial passage of the Individuals with Disabilities Education
Act declared its intent to fund 40 percent of special education costs; and

WHEREAS, the federal government's share of funding for special education costs in Minnesota
has never, except for one year because of federal stimulus funds appropriated by the American
Recovery and Reinvestment Act of 2009, exceeded 18 percent of total special education costs; and

WHEREAS, since the passage of the Individuals with Disabilities Education Act, the states
and local districts have been primarily responsible for funding special education services because
of a lack of federal funds; and

WHEREAS, special education services are being provided to all eligible children in the State
of Minnesota; and

WHEREAS, many states, including Minnesota, must provide substantial state funding to fill
the gaps left by Congress' unfunded promise; NOW, THEREFORE,

BE IT RESOLVED by the Legislature of the State of Minnesota that Congress should speedily
adhere to the goal to fund 40 percent of special education costs initially stated in the Individuals
with Disabilities Education Act and appropriate significant, genuine assistance to the states to meet
the needs of students with disabilities.

BE IT FURTHER RESOLVED that federal special education maintenance of effort
requirements should only apply to state appropriations for special education and not to local school
district subsidies for special education from general education funds.

BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is directed
to prepare copies of this memorial and transmit them to the President of the United States, the
President and the Secretary of the United States Senate, the Speaker and the Clerk of the United
States House of Representatives, and Minnesota's Senators and Representatives in Congress.