I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Individuals with Dis5 abilities Education Act Amendments of 1999’’.
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1 SEC. 2. PLACEMENT IN ALTERNATIVE EDUCATIONAL SET2 TING UNDER THE INDIVIDUALS WITH DIS3 ABILITIES EDUCATION ACT.

4 Section 615(k)(1)(A)(ii) of the Individuals with Dis5 abilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii)) is

6 amended—

7 (1) in matter preceding subclause (I), by strik8 ing ‘‘, but for not more than 45 days’’;

9 (2) in subclause (I), by striking ‘‘or’’ at the

10 end;

11 (3) in subclause (II), by striking the period at

12 the end and inserting ‘‘; or’’; and

13 (4) by adding at the end the following:

14 ‘‘(III) the child intentionally ex15 hibits violent behavior that has re16 sulted in, or could have resulted in,

17 physical injury to the child or to oth18 ers while at school or at a school func19 tion under the jurisdiction of a State

20 or local agency.’’.

21 SEC. 3. CORRECTIVE ACTION AGAINST STATE FOR FAILURE

22 BY STATE TO COMPLY SUBSTANTIALLY WITH

23 PART B OF THE INDIVIDUALS WITH DISABIL24 ITIES EDUCATION ACT.

25 Section 616(c) of the Individuals with Disabilities

26 Education Act (20 U.S.C. 1416(c)) is amended—
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1 (1) by striking ‘‘For purposes of this section’’

2 and inserting ‘‘(1) Notwithstanding subsections (a)

3 and (b)’’; and

4 (2) by striking ‘‘the Secretary, in instances’’

5 and all that follows and inserting the following: ‘‘the

6 Secretary, in instances where the Secretary finds

7 that the failure to comply substantially with the pro8 visions of this part are related to a failure by the

9 public agency during a fiscal year to provide special

10 education and related services to individuals who are

11 18 years of age or older, and the Secretary decides

12 to take corrective action to ensure compliance with

13 this part, may take only the following such correc14 tive action (and such corrective action may only be

15 taken with respect to payments for that fiscal year):

16 ‘‘(A) Reduce or withhold payments to the

17 State in an amount that is proportionate to the

18 total funds allotted under section 611 to the

19 State as the number of such individuals who

20 are 18 years of age or older is proportionate to

21 the number of eligible individuals with disabil22 ities in the State under the supervision of the

23 State educational agency.

24 ‘‘(B) Ensure that any withholding of funds

25 under paragraph (1) shall be limited to the spe-
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1 cific agency responsible for the failure to com2 ply with this part.

3 ‘‘(2) Upon reduction or withholding of pay4 ments to a State for a fiscal year under paragraph

5 (1)—

6 ‘‘(A) with respect to children with disabil7 ities who are convicted as adults under State

8 law and incarcerated in adult prisons, the State

9 shall be deemed to be in compliance with this

10 part for that fiscal year; and

11 ‘‘(B) no additional corrective action may

12 be taken against the State with respect to the

13 failure by the public agency described in para14 graph (1).

15 ‘‘(3) For purposes of paragraph (1)(A), the

16 number of eligible children with disabilities in adult

17 prisons under the supervision of the other public

18 agency and the number of eligible individuals with

19 disabilities in the State under the supervision of the

20 State educational agency shall be determined by the

21 Secretary on the basis of the most recent satisfac22 tory data available to the Secretary.’’.

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