[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 702 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 702

  To amend the Individuals with Disabilities Education Act to clarify 
 that a State is not required to provide special education and related 
services to a person with a disability who is convicted of a felony and 
  incarcerated in a secure correctional facility with adult offenders.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 1997

  Mrs. Boxer introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Individuals with Disabilities Education Act to clarify 
 that a State is not required to provide special education and related 
services to a person with a disability who is convicted of a felony and 
  incarcerated in a secure correctional facility with adult offenders.

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

SECTION 1. CLARIFICATION ON THE PROVISION OF SPECIAL EDUCATION AND 
              RELATED SERVICES TO CHILDREN WITH DISABILITIES WHO ARE 
              CONVICTED OF FELONIES.

    Section 612(1) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1412(1)) is amended by adding at end the following: ``The 
State is not required under the policy to assure a free appropriate 
public education to a person with a disability who is convicted of a 
felony and as a result of such a conviction, is incarcerated in a 
secure correctional facility. ''.
    (b) Definitions.--Section 602(a) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1401(a)) is amended by adding at 
the end the following:
            ``(28) The term ``secure correctional facility'' means any 
        public or private residential facility that--
                    ``(A) includes construction fixtures designed to 
                physically restrict the movements and activities of 
                individuals held in lawful custody in such facility; 
                and
                    ``(B) is used for the placement, after adjudication 
                and disposition, of an individual convicted of a 
                criminal offense.''.
                                 <all>