[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1095 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1095
To amend the Individuals with Disabilities Education Act in order to
limit the penalties to a State that does not meet its maintenance of
effort level of funding to a one-time penalty.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2013
Mr. Udall of New Mexico (for himself and Mr. Heinrich) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Individuals with Disabilities Education Act in order to
limit the penalties to a State that does not meet its maintenance of
effort level of funding to a one-time penalty.
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 ``IDEA MOE Adjustment Act''.
SEC. 2. PENALTY LIMITATION.
Section 612(a)(18) of the Individuals with Disabilities Education
Act (20 U.S.C. 1412(a)(18)) is amended--
(1) in subparagraph (B)--
(A) by striking ``The Secretary shall reduce the
allocation of funds under section 611 for any fiscal
year'' and inserting the following:
``(i) Reduction.--The Secretary shall
reduce the allocation of funds under section
611 for 1 fiscal year''; and
(2) by adding at the end the following:
``(ii) Distribution of funds.--In any case
where a State's allocation under clause (i) is
reduced, the Secretary shall distribute to all
other States (as that term is defined in
section 611(g)(2)) that were not subject to a
reduction in allocation under such clause, the
amount by which any State's allocation under
section 611(d) was reduced under such clause,
in accordance with subclauses (II) and (III) of
section 611(d)(3)(A)(i) and without regard to
paragraphs (A)(i)(I) and (B) of section
611(d)(3).
``(iii) Use of funds by states.--Each State
that receives additional funds under clause
(ii) shall allocate such funds to local
educational agencies in accordance with section
611(f).
``(iv) No consideration for future years
allocation.--Notwithstanding section 611(d), in
calculating the amounts for allocations under
such section for fiscal year 2013 and all
subsequent years, the Secretary, when
determining the amount a State received under
such section for a preceding fiscal year, shall
not consider--
``(I) any amount by which a State's
allocation under such section for
fiscal year 2012 or any subsequent year
is reduced under clause (i); and
``(II) any amount by which a
State's allocation increased, pursuant
to clause (ii), as a result of a
State's reduction in allocation for
fiscal year 2012 or any subsequent
year.''.
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