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 edu-
cational 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Individuals with Dis-
abilities Education Act Amendments of 1999’’.
SEC. 2. PLACEMENT IN ALTERNATIVE EDUCATIONAL SET-
TING UNDER THE INDIVIDUALS WITH DIS-
ABILITIES EDUCATION ACT.
Section 615(k)(1)(A)(ii) of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii)) is
amended—
(1) in matter preceding subclause (I), by strik-
ing ‘‘, 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 ex-
hibits violent behavior that has re-
sulted in, or could have resulted in,
physical injury to the child or to oth-
ers while at school or at a school func-
tion 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 DISABIL-
ITIES 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 pro-
visions 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 correc-
tive 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 disabil-
ities 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 spe-
cific agency responsible for the failure to com-
ply with this part.
‘‘(2) Upon reduction or withholding of pay-
ments to a State for a fiscal year under paragraph
(1)—
‘‘(A) with respect to children with disabil-
ities 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 para-
graph (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 satisfac-
tory data available to the Secretary.’’.
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