HR 0005

A RESOLUTION directing the New Hampshire attorney general to report to the house of representatives on the feasibility of filing a class action lawsuit against the federal government to recover special education funding promised by the federal government under the Individuals with Disabilities Education Act.

SPONSORS: Rep. Elliott, Hills 2; Rep. Leach, Hills 9; Rep. Dionne, Hills 1; Rep. Sargent, Hills 3; Rep. L. Foster, Hills 10

COMMITTEE: State-Federal Relations and Veterans Affairs

This house resolution directs the New Hampshire attorney general to report to the house of representatives on the feasibility of filing a class action lawsuit against the federal government to recover special education funding promised by the federal government under the Individuals with Disabilities Education Act.

Whereas, since its enactment in 1975, the Individuals with Disabilities Education Act (IDEA) has helped millions of children with special needs to receive a quality education and to develop to their full capacities; and

Whereas, the IDEA has moved children with disabilities out of institutions and into public school classrooms with their peers; and

Whereas, the IDEA has helped break down stereotypes and ignorance about people with disabilities, improving the quality of life and economic opportunity for millions of Americans; and

Whereas, when the federal government enacted the Individuals with Disabilities Education Act, it promised to fund 40 percent of the average per pupil expenditure for special education services in public elementary and secondary schools in the United States; and

Whereas, the federal government currently funds, on average, less than 9 percent of the actual cost of special education services; and

Whereas, local school districts and state government end up bearing the largest share of the cost of special education services; and

Whereas, the federal government's failure to adequately fulfill its responsibility to special needs children undermines public support for special education and creates hardship for disabled children and their families; now, therefore, be it

That the New Hampshire attorney general is directed to report to the house of representatives on the feasibility of filing a class action lawsuit against the federal government to recover special education money promised to the state by the federal government under the IDEA; and

That copies of this resolution be forwarded by the house clerk to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the New Hampshire congressional delegation.