PolicyBrief
S. 343
119th CongressJan 30th 2025
Keep Our PACT Act
IN COMMITTEE

The "Keep Our PACT Act" mandates full funding for Part A of Title I of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act from 2026 through 2035, ensuring resources for disadvantaged students and children with disabilities.

Chris Van Hollen
D

Chris Van Hollen

Senator

MD

LEGISLATION

Keep Our PACT Act: Bill Promises Full Funding for Special Education and Low-Income Schools by 2035, Using Emergency Funds

The "Keep Our Promise to America's Children and Teachers Act," or "Keep Our PACT Act," sets a course for mandatory, gradually increasing funding for two key federal education programs: Title I of the Elementary and Secondary Education Act (ESEA) and the Individuals with Disabilities Education Act (IDEA). Starting in 2026, the bill lays out specific dollar amounts and percentages to boost funding each year through 2035, aiming to reach "full funding" for both programs. The catch? It's all designated as "emergency" spending.

Funding the Future

The core of the Keep Our PACT Act is about injecting more federal money into schools, particularly those serving low-income communities (Title I) and students with disabilities (IDEA). For Title I, the bill starts by filling the gap between what was appropriated in 2025 and a set of rising targets. For example, in 2026, the target is $20,509,878,000, and the bill would provide the difference between that and the 2025 number (SEC. 3). This gap-filling continues, with the target increasing significantly each year until it hits $54,303,244,000 in 2035. It takes a similar approach with IDEA, although a bit more confusing.

For IDEA, the bill both authorizes and appropriates specific amounts, expressed as both dollar figures and percentages of the "national average per-pupil expenditure" multiplied by the number of children with disabilities. For instance, in 2026, it authorizes $16,661,928,000 (or 11.6% of that per-pupil calculation) but appropriates $6,425,048,000 (or 4.5%). The appropriated amount is what's actually available to be spent. The bill aims to reach the long-standing (but unmet) goal of the federal government covering 40% of the extra cost of special education by 2035 (SEC. 4). Funds become available each July 1st and can be used through September 30th of the following year.

Real-World Ripple Effects

If this bill becomes law, the most direct impact would be felt by schools and school districts. More federal money, in theory, means more resources. For a school in a low-income neighborhood, this could mean hiring more teachers, buying updated textbooks, or expanding after-school programs. For a student with a disability, it could mean more individualized support, access to assistive technology, or smaller class sizes. Special education departments, often stretched thin, could see a significant boost, potentially reducing the financial strain on state and local budgets.

However, the "emergency" designation is a big deal (SEC. 5). It essentially means this spending bypasses the usual budget caps and negotiations. While that might sound good for schools, it also means Congress isn't forced to make trade-offs. It could lead to less scrutiny of how the money is spent, and it sets a precedent for potentially using "emergency" designations to fund other priorities, which could lead to fiscal challenges down the road.

The Fine Print and Potential Challenges

One potential issue is the reliance on formulas tied to student population and per-pupil spending. These numbers can fluctuate, and if they're not calculated accurately or updated regularly, some schools could end up getting less than they need. While the bill's year-by-year funding targets provide predictability, they also lack flexibility. If there's a sudden economic downturn or a major shift in educational needs, these fixed amounts might not be enough – or might be more than necessary in some areas. Finally, the difference between "authorized" and "appropriated" amounts in the IDEA section could lead to confusion and possibly even legal challenges. It sets up a situation where the promise of funding is significantly higher than the reality for many years, which could create tension and uncertainty.