The Individuals with Disabilities Education Act: Discipline Legislation in the 106th Congress

Publication Date: January 2001

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Education

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Abstract:

Although Congress described its 1997 changes to discipline provisions in the Individuals with Disabilities Education Act (IDEA) as a "careful balance," it was not long before amendments to change the provisions surfaced. In 1999 the Senate passed S. 254, 106th Cong., the Violent and Repeat Juvenile Accountability and Rehabilitation Act of 1999, and the House passed H.R. 1501, 106th Cong., the Child Safety and Protection Act, both of which contained amendments to IDEA. These amendments would have changed section 615 of IDEA to eliminate IDEA's different disciplinary procedures for children with disabilities in certain situations. In the Senate the amendment applied to children with disabilities who carry a gun or firearm while in the House the amendment would cover a weapon. These amendments were not enacted.

Two amendments relating to children with disabilities were offered and accepted during House Education and Workforce Committee markup of H.R. 4141, 106th Cong., the Elementary and Secondary Education Act Amendments. One amendment, offered by Representative Norwood, concerned the discipline of a child with a disability who carries or possesses a weapon. The other amendment, offered by Representatives Talent, McIntosh and Tancredo, concerned the discipline of a child with a disability who knowingly possesses or uses illegal drugs at school or commits an aggravated assault or battery at school. These amendments were not enacted.

This report will be updated as appropriate. For a more detailed discussion of the due process provisions in IDEA see CRS Report 98-42, Individuals with Disabilities Education Act: Discipline Provisions in P.L. 105-17, by Nancy Lee Jones.