[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3254 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3254

To amend the Individuals with Disabilities Education Act to clarify the 
  requirements relating to reducing or withholding payments to States 
                            under that Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1998

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

_______________________________________________________________________

                                 A BILL


 
To amend the Individuals with Disabilities Education Act to clarify the 
  requirements relating to reducing or withholding payments to States 
                            under 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 ``IDEA Technical Amendments Act of 
1998''.

SEC. 2. REDUCTION OR WITHHOLDING OF PAYMENTS TO STATES.

    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, 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 eligible children with 
        disabilities in adult prisons under the supervision of the 
        other public agency 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.''.
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