INDIVIDUALS WITH DISABILITIES EDUCATION ACT: PROPOSED AMENDMENT ON UNIFORM DISCIPLINARY POLICIES (CRS Report for Congress)
| Release Date |
May 5, 1998 |
| Report Number |
98-385 |
| Report Type |
Report |
| Authors |
Nancy Lee Jones, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
An amendment to the disciplinary procedures under the Individuals with Disabilities Education
Act
(IDEA) was proposed and withdrawn by Senators Gorton and Faircloth to H.R. 2646 .
This amendment would have allowed state and local educational agencies to establish and implement
uniform policies with respect to discipline for all children within their jurisdiction, including children
with disabilities, and was identical to one offered and defeated during debate on IDEA
reauthorization last year. The amendment would have essentially returned the authority to the schools
regarding discipline and the cessation of educational services that existed prior to the enactment of
P.L. 94-142 , the predecessor to IDEA. Although the proposed amendment was withdrawn, Senator
Gorton indicated that it would be added to another education bill. This report discusses the
arguments for and against the amendment's adoption and analyzes the legal implications of the
proposed amendment. For a more detailed discussion of the existing disciplinary provisions in IDEA
see Jones, "Individuals with Disabilities Education Act: Discipline Provisions in P.L. 105-17 ," CRS Report 98-42 (January 12, 1998).
