January 30, 2025
Mr. Van Hollen (for himself, Mr. Padilla, Ms. Hirono, Mr. Reed, Mr. Murphy, Mr. Markey, Mr. Blumenthal, Mr. Sanders, Mr. Merkley, Mr. Durbin, Mr. Booker, Ms. Klobuchar, Mr. Heinrich, Ms. Smith, Ms. Duckworth, Ms. Warren, and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
To require full funding of part A of title I of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act.
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 Keep Our Promise to America’s Children and Teachers Act
or the Keep Our PACT Act
.
Sec. 2. Findings
Congress finds the following:
(1)
Children are our Nation’s future and greatest treasure.
(2)
A high-quality education is the surest way for every child to reach his or her full potential.
(3)
Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) helps address inequity in education in school districts across the United States to provide a high-quality education to every student.
(4)
The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) guarantees all children with disabilities a first-rate education.
(5)
The amendments made to such Act by the Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108–446; 118 Stat. 2647) committed Congress to providing 40 percent of the national current average per-pupil expenditure for students with disabilities.
(6)
A promise made must be a promise kept.
Sec. 3. Mandatory funding of part A of title I of ESEA
(a) Definition of fiscal year 2025 part A of title I appropriation
In this section, the term fiscal year 2025 part A of title I appropriation means the amount appropriated for fiscal year 2025 for programs under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
(b) Funding
There are appropriated, out of any money in the Treasury not otherwise appropriated—
(1)
for fiscal year 2026, an amount that equals the difference between—
(A)
the fiscal year 2025 part A of title I appropriation; and
(B)
$20,509,878,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater;
(2)
for fiscal year 2027, an amount that equals the difference between—
(A)
the fiscal year 2025 part A of title I appropriation; and
(B)
$22,853,242,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater;
(3)
for fiscal year 2028, an amount that equals the difference between—
(A)
the fiscal year 2025 part A of title I appropriation; and
(B)
$25,464,349,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater;
(4)
for fiscal year 2029, an amount that equals the difference between—
(A)
the fiscal year 2025 part A of title I appropriation; and
(B)
$28,373,788,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater;
(5)
for fiscal year 2030, an amount that equals the difference between—
(A)
the fiscal year 2025 part A of title I appropriation; and
(B)
$31,615,646,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater;
(6)
for fiscal year 2031, an amount that equals the difference between—
(A)
the fiscal year 2025 part A of title I appropriation; and
(B)
$35,227,904,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater;
(7)
for fiscal year 2032, an amount that equals the difference between—
(A)
the fiscal year 2025 part A of title I appropriation; and
(B)
$39,252,882,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater;
(8)
for fiscal year 2033, an amount that equals the difference between—
(A)
the fiscal year 2025 part A of title I appropriation; and
(B)
$43,737,735,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater;
(9)
for fiscal year 2034, an amount that equals the difference between—
(A)
the fiscal year 2025 part A of title I appropriation; and
(B)
$48,735,007,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater; and
(10)
for fiscal year 2035, $54,303,244,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater.
Sec. 4. Mandatory funding of the Individuals With Disabilities Education Act
Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows:
(i) Funding
(1) In general
For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated—
(A)
$16,661,928,000 or 11.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2026, and there are hereby appropriated $6,425,048,000 or 4.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2026, which shall become available for obligation on July 1, 2026, and shall remain available through September 30, 2027;
(B)
$19,531,844,000 or 13.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2027, and there are hereby appropriated $8,372,932,000 or 5.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2027, which shall become available for obligation on July 1, 2027, and shall remain available through September 30, 2028;
(C)
$22,896,084,000 or 15.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2028, and there are hereby appropriated $10,911,357,000 or 7.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2028, which shall become available for obligation on July 1, 2028, and shall remain available through September 30, 2029;
(D)
$26,839,795,000 or 17.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2029, and there are hereby appropriated $14,219,357,000 or 9.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2029, which shall become available for obligation on July 1, 2029, and shall remain available through September 30, 2030;
(E)
$31,462,786,000 or 20.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2030, and there are hereby appropriated $18,530,244,000 or 11.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2030, which shall become available for obligation on July 1, 2030, and shall remain available through September 30, 2031;
(F)
$36,882,058,000 or 23.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2031, and there are hereby appropriated $24,148,064,000 or 15.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2031, which shall become available for obligation on July 1, 2031, and shall remain available through September 30, 2032;
(G)
$43,234,768,000 or 26.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2032, and there are hereby appropriated $31,469,041,000 or 19.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2032, which shall become available for obligation on July 1, 2032, and shall remain available through September 30, 2033;
(H)
$50,681,693,000 or 30.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2033, and there are hereby appropriated $41,009,521,000 or 24.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2033, which shall become available for obligation on July 1, 2033, and shall remain available through September 30, 2034;
(I)
$59,411,305,000 or 34.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2034, and there are hereby appropriated $53,442,392,000 or 31.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2034, which shall become available for obligation on July 1, 2034, and shall remain available through September 30, 2035; and
(J)
$69,644,540,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2035 and each subsequent fiscal year, and there are hereby appropriated $69,644,540,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2035 and each subsequent fiscal year, which—
(i)
shall become available for obligation with respect to fiscal year 2035 on July 1, 2034, and shall remain available through September 30, 2036; and
(ii)
shall become available for obligation with respect to each subsequent fiscal year on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year.
(2) Amount
With respect to each subparagraph of paragraph (1), the amount determined under this paragraph is the product of—
(A)
the total number of children with disabilities in all States who—
(i)
received special education and related services during the last school year that concluded before the first day of the fiscal year for which the determination is made; and
(ii)
were aged—
(I)
3 through 5 (with respect to the States that were eligible for grants under section 619); and
(II)
6 through 21; and
(B)
the average per-pupil expenditure in public elementary schools and secondary schools in the United States.
Sec. 5. Emergency designation
(a) In general
The amounts provided by the amendments made by this Act are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(b) Designation in house and senate
The amendments made by this Act are designated as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2026 through 2035 budget enforcement in the House of Representatives.