S. 1095 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1095 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. 1. Short title This Act may be cited as the IDEA MOE Adjustment Act. 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. .