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




                                                 Union Calendar No. 365
105th CONGRESS
  2d Session
                                H. R. 3254

                          [Report No. 105-649]

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 the Workforce

                             July 24, 1998

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``IDEA Technical Amendments 
Act of 1998''.</DELETED>

<DELETED>SEC. 2. REDUCTION OR WITHHOLDING OF PAYMENTS TO 
              STATES.</DELETED>

<DELETED>    Section 616(c) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1416(c)) is amended--</DELETED>
        <DELETED>    (1) by striking ``For purposes of this section'' 
        and inserting ``(1) Notwithstanding subsections (a) and (b)''; 
        and</DELETED>
        <DELETED>    (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):</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) Upon reduction or withholding of payments to a State 
for a fiscal year under paragraph (1)--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(B) no additional corrective action may be taken 
        against the State with respect to the failure by the public 
        agency described in paragraph (1).</DELETED>
<DELETED>    ``(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.''.</DELETED>

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 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.''.
                                                 Union Calendar No. 365

105th CONGRESS

  2d Session

                               H. R. 3254

                          [Report No. 105-649]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 24, 1998

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed