[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 636 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 636

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 1999

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

_______________________________________________________________________

                                 A BILL


 
 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.''.
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