HR 636 IH

To amend the Individuals with Disabilities Education Act relating to the placement of children in alternative educational settings under that Act and relating to corrective action against States under part B of that Act.

February 9, 1999

Mr. COOKSEY introduced the following bill; which was referred to the Committee on Education and the Workforce

To amend the Individuals with Disabilities Education Act relating to the placement of children in alternative educational settings under that Act and relating to corrective action against States under part B of that 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 `Individuals with Disabilities Education Act Amendments of 1999'.

SEC. 2. PLACEMENT IN ALTERNATIVE EDUCATIONAL SETTING UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

Section 615(k)(1)(A)(ii) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii)) is amended--

(1) in matter preceding subclause (I), by striking `, but for not more than 45 days';

(2) in subclause (I), by striking `or' at the end;

(3) in subclause (II), by striking the period at the end and inserting `; or'; and

(4) by adding at the end the following:

`(III) the child intentionally exhibits violent behavior that has resulted in, or could have resulted in, physical injury to the child or to others while at school or at a school function under the jurisdiction of a State or local agency.'.

SEC. 3. CORRECTIVE ACTION AGAINST STATE FOR FAILURE BY STATE TO COMPLY SUBSTANTIALLY WITH PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

Section 616(c) of the Individuals with Disabilities Education Act (20 U.S.C. 1416(c)) is amended--

(1) by striking `For purposes of this section' and inserting `(1) Notwithstanding subsections (a) and (b)'; and

(2) by striking `the Secretary, in instances' and all that follows and inserting the following: `the Secretary, in instances where the Secretary finds that the failure to comply substantially with the provisions of this part are related to a failure by the public agency during a fiscal year to provide special education and related services to individuals who are 18 years of age or older, and the Secretary decides to take corrective action to ensure compliance with this part, may take only the following such corrective action (and such corrective action may only be taken with respect to payments for that fiscal year):

`(A) Reduce or withhold payments to the State in an amount that is proportionate to the total funds allotted under section 611 to the State as the number of such individuals who are 18 years of age or older is proportionate to the number of eligible individuals with disabilities in the State under the supervision of the State educational agency.

`(B) Ensure that any withholding of funds under paragraph (1) shall be limited to the specific agency responsible for the failure to comply with this part.

`(2) Upon reduction or withholding of payments to a State for a fiscal year under paragraph (1)--

`(A) with respect to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons, the State shall be deemed to be in compliance with this part for that fiscal year; and

`(B) no additional corrective action may be taken against the State with respect to the failure by the public agency described in paragraph (1).

`(3) For purposes of paragraph (1)(A), the number of eligible children with disabilities in adult prisons under the supervision of the other public agency and the number of eligible individuals with disabilities in the State under the supervision of the State educational agency shall be determined by the Secretary on the basis of the most recent satisfactory data available to the Secretary.'.

END