HR 697 IH

To amend the Individuals with Disabilities Education Act to provide that any decision relating to the establishment or implementation of policies of discipline of children with disabilities in school be reserved to each State educational agency, or as determined by a State educational agency, to a local educational agency.

February 10, 1999

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

To amend the Individuals with Disabilities Education Act to provide that any decision relating to the establishment or implementation of policies of discipline of children with disabilities in school be reserved to each State educational agency, or as determined by a State educational agency, to a local educational agency.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. DISCIPLINE OF CHILDREN WITH DISABILITIES UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

(a) IN GENERAL- Section 615 of the Individuals with Disabilities Education Act (20 U.S.C. 1415) is amended by striking subsection (k) and inserting the following:

`(k) DISCIPLINE OF CHILDREN WITH DISABILITIES-

`(1) IN GENERAL- Any decision relating to the establishment or implementation of policies of discipline of children with disabilities in school is reserved to each State educational agency, or as determined by such a State educational agency, to a local educational agency.

`(2) UNIFORMITY REQUIREMENT- Any policy of discipline of children with disabilities in school described in paragraph (1) shall be applicable to all children with disabilities in the State or local educational agency, as the case may be.'.

(b) CONFORMING AMENDMENTS- The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) is amended--

(1) in section 615(j), by striking `Except as provided in subsection (k)(7), during' and inserting `During'; and

(2) in section 618(a)(1)(A)(vii)(I), by striking `under subparagraphs (A)(ii) and (B) of section 615(k)(1), are removed to an interim alternative educational setting' and inserting `, in accordance with policies established and implemented under section 615(k), are removed from the classroom'.

END