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 pro-
visions 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 compli-
ance 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 fis-
cal 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 num-
ber of eligible children with disabilities in adult pris-
ons 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.
‘‘(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 in-
carcerated 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 re-
cent satisfactory data available to the Secretary.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘IDEA Technical Amend-
ments 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 Sec-
retary, 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 in-
carcerated 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 deter-
mined by the Secretary on the basis of the most recent satis-
factory 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 Edu-
cation 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 or-
dered to be printed