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EXTENSION OF EDUCATION OF THE HANDICAPPED

ACT

MONDAY, JUNE 9, 1975

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON SELECT EDUCATION OF THE

COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C.

The subcommittee met at 9:07 a.m., pursuant to call, in room 2175, Rayburn House Office Building, Hon. John Brademas [chairman of the subcommittee] presiding.

Members present: Representatives Brademas, Cornell, Miller, Hall, and Quie.

Staff members present: Jack Duncan, counsel; Annie Goekjian, assistant to the counsel; Patricia Watts, administrative assistant; and Martin L. LaVor, minority legislative associate.

Mr. BRADEMAS. The subcommittee will come to order.

This morning the subcommittee will meet in order to receive the position of the administration on H.R. 7217, the Education of All Handicapped Children Act of 1975. This measure has been introduced by a majority of the Education and Labor Committee and was unanimously reported by the subcommittee.

You are all aware of the statistics which prompted this legislation. There are 7 million handicapped children in the United States. Only half of them are receiving an education appropriate to their needs.

One million handicapped children, generally those with the most severe handicaps, are receiving no education at all.

We also know that a series of Federal court decisions have held that all children are entitled to a free public education.

State and local school agencies have found their resources inadequate to provide a special education to handicapped children. Many State and local school agencies are experiencing difficulties in meeting their regular costs of education, much less the cost of providing special education.

In order to aid State and local agencies to meet their responsibilities and provide every handicapped child with an education suitable to his or her needs, we are supporting the Education of All Handicapped Children Act of 1975.

We welcome the representatives of the administration who appear before us today. Since we have not seen their testimony, we continue to hope that they will join with us in making a commitment to provide every handicapped child an education appropriate to his needs. [Text of H.R. 7217 follows:]

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94TH CONGRESS 1ST SESSION

H. R. 7217

IN THE HOUSE OF REPRESENTATIVES

MAY 21, 1975

Mr. BRADEMAS (for himself, Mr. BELL, Mr. PERKINS, Mr. QUIE, MS. MINE, Mr. PEYSER, Mr. MEEDS, Mr. JEFFORDS, MS. CHISHOLM, Mr. PRESSLER, Mr. LEHMAN, Mr. CORNELL, Mr. BEARD of Rhode Island, Mr. ZEFERETTI, Mr. MILLER of California, Mr. HALL, Mr. FORD of Michigan, Mr. HAWKINS, Mr. THOMPSON, Mr. DENT, Mr. BIAGGI, Mr. O'HARA, Mr. ANDREWS of North Carolina, Mr. RISENHOOVER, and Mr. SIMON) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To amend the Education of the Handicapped Act to provide educational assistance to all handicapped children, and for other purposes.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

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SHORT TITLE

SECTION 1. This Act may be cited as the "Education

5 for All Handicapped Children Act of 1975".

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EXTENSION OF CERTAIN PROVISIONS

SEC. 2. (a) (1) Section 611 (c) (2) of the Education

8 of the Handicapped Act (20 U.S.C. 1411 (c) (2)) (here

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1 inafter in this Act referred to as the "Act") is amended by 2 striking out "year ending June 30, 1975" and inserting in 3 lieu thereof the following: "years ending June 30, 1975, 4 and 1976, and for the fiscal year ending September 30, 5 1977".

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(2) Section 611 (d) of the Act (20 U.S.C. 1411 (d)) 7 is amended by striking out "year ending June 30, 1975" 8 and inserting in lieu thereof the following: "years ending 9 June 30, 1975, and 1976, and for the fiscal year ending 10 September 30, 1977".

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(3) Section 612 (a) of the Act (20 U.S.C. 1412 (a)) 12 is amended

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(A) by striking out "year ending June 30, 1975" and inserting in lieu thereof "years ending June 30,

1975, and 1976, and for the fiscal year ending September 30, 1977"; and

(B) by striking out "fiscal year 1974" and inserting in lieu thereof "preceding fiscal year”.

(b) (1) Sections 614 (a), 614 (b), and 614 (c) of 20 the Education Amendments of 1974 (Public Law 93-380; 21 88 Stat. 580) each are amended by striking out "fiscal year 22 1975" and inserting in lieu thereof the following: "the fiscal

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years ending June 30, 1975, and 1976, for the period begin

ning July 1, 1976, and ending September 30, 1976, and for

the fiscal year ending September 30, 1977,".

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1 (2) Section 614 of the Education Amendments of 1974 2 (Public Law 93-380; 88 Stat. 580) is amended by striking 3 out subsection (e) and by redesignating subsection (f) as 4 subsection (e).

5 (c) (1) Section 615 (a) of the Education Amendments 6 of 1974 (Public Law 93-380; 88 Stat. 582) is amended by 7 striking out paragraph (1) and redesignating paragraph (2) as subsection (a).

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9 (2) Section 615 (a) of the Education Amendments of

10 1974, as so redesignated by paragraph (1), is amended— (A) by striking out "July 1, 1975" and inserting

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in lieu thereof "October 1, 1977";

(B) by striking out "612 (a)" and inserting in lieu thereof "612"; and

(C) by striking out "paragraph" and inserting in

lieu thereof "subsection".

(3) The amendment made by section 615 (a) of the 18 Education Amendments of 1974, as so redesignated by

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19 paragraph (1), is amended by striking out "(3)” and 20 inserting in lieu thereof "(f)".

21 (4) Section 615 (d) of the Education Amendments of 22 1974 (Public Law 93-380; 88 Stat. 583) is amended by 23 striking out "subsections (a) (1) and" and inserting in lieu 24 thereof "subsection".

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(d) Sections 843 (b) (1), 843 (b) (2), and 843 (b)

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