1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
memorializing the President and Congress to carry through on their 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 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 providing funding for special education
services due to 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; and
WHEREAS, the recent increases in federal funds for schools, including the increases in
special education funding, have come with substantial mandates and limitations on the use of
WHEREAS, Congress is now currently debating the most effective ways to improve
education among the states; 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 to the states significant, genuine
assistance to meet the needs of students with disabilities.
BE IT FURTHER RESOLVED that federal 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.