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Union Calendar No. 365
105th CONGRESS
2d Session
H. R. 3254
[Report No. 105-649]
To amend the Individuals with Disabilities Education Act to clarify the
requirements relating to reducing or withholding payments to States
under that Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 1998
Mr. Riggs introduced the following bill; which was referred to the
Committee on Education and the Workforce
July 24, 1998
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Individuals with Disabilities Education Act to clarify the
requirements relating to reducing or withholding payments to States
under that Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``IDEA Technical Amendments
Act of 1998''.</DELETED>
<DELETED>SEC. 2. REDUCTION OR WITHHOLDING OF PAYMENTS TO
STATES.</DELETED>
<DELETED> Section 616(c) of the Individuals with Disabilities
Education Act (20 U.S.C. 1416(c)) is amended--</DELETED>
<DELETED> (1) by striking ``For purposes of this section''
and inserting ``(1) Notwithstanding subsections (a) and (b)'';
and</DELETED>
<DELETED> (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, 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):</DELETED>
<DELETED> ``(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 eligible
children with disabilities in adult prisons 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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Upon reduction or withholding of payments to a State
for a fiscal year under paragraph (1)--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) no additional corrective action may be taken
against the State with respect to the failure by the public
agency described in paragraph (1).</DELETED>
<DELETED> ``(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.''.</DELETED>
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 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.''.
Union Calendar No. 365
105th CONGRESS
2d Session
H. R. 3254
[Report No. 105-649]
_______________________________________________________________________
A BILL
To amend the Individuals with Disabilities Education 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 ordered to be printed
Pages: 1 Other Popular 105th Congressional Bills Documents:
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