[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 697 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 697

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 1999

  Mr. Wicker 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 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''.
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