In 1997 Congress made significant changes to IDEA in P.L. (6)

	IDEA Amendments in the Violent and Repeat Juvenile Accountability and Rehabilitation Act of 1999

Violence in schools surfaced on the congressional agenda in the 106th Congress with S. 254 , the Violent and Repeat Juvenile Accountability andRehabilitation Act of 1999 which passed the Senate on May 20, 1999, and H.R. Both of these bills contained amendments offered on the floor relating to discipline under IDEA. Essentially these amendments would havechanged section 615 of IDEA to eliminate IDEA's different disciplinary procedures for children with disabilitiesin certain situations. In the Senate theamendment applied to children with disabilities who carry or possess a gun or firearm while in the House theamendment would have covered a weapon. (8) The legislationwas not enacted. (9)

	House Amendments Concerning Children with Disabilities in the ESEA Legislation

Two amendments relating to children with disabilities were offered and accepted during House Education and Workforce Committee markup of H.R. 4141 , 106th Cong. One amendment, offered by Representative Norwood, concerned the disciplineof 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 achild with a disability who knowingly possessesor uses illegal drugs at school or commits an aggravated assault or battery at school. The amendment offered by Representatives Talent, McIntosh and Tancredo required that each state that receives funds under the Act shall require each localeducational agency to have in effect a policy under which school personnel may discipline a child with a disabilityin the same manner as a child without adisability if the child with a disability (1) knowingly possesses or uses illegal drugs or sells or solicits the sale ofa controlled substance at a school, on schoolpremises, or to or at a school function or (2) commits an aggravated assault or battery, as defined under State or locallaw, at a school, on school premises, or to orat a school function. These amendments were not enacted.
Although Congress described its 1997 changes to discipline provisions in theIndividuals with Disabilities EducationAct (IDEA) as a "careful balance," it was not long before amendments to change the provisions surfaced. In 1999the Senate passed S. 254, 106thCong., the Violent and Repeat Juvenile Accountability and Rehabilitation Act of 1999, and the House passedH.R. 1501, 106th Cong., the ChildSafety and Protection Act, both of which contained amendments to IDEA. These amendments would have changedsection 615 of IDEA to eliminate IDEA'sdifferent disciplinary procedures for children with disabilities in certain situations. In the Senate the amendmentapplied to children with disabilities who carry agun 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 andWorkforce Committee markup of H.R. 4141, 106th Cong., the Elementary and Secondary Education Act Amendments. One amendment, offered byRepresentative Norwood, concerned the discipline ofa child with a disability who carries or possesses a weapon. The other amendment, offered by RepresentativesTalent, McIntosh and Tancredo, concerned thediscipline of a child with a disability who knowingly possesses or uses illegal drugs at school or commits anaggravated assault or battery at school. Theseamendments were not enacted.
This report will be updated as appropriate. For a more detailed discussion of the due process provisions inIDEA see CRS Report 98-42, Individuals withDisabilities Education Act: Discipline Provisions in P.L. 105-17, by [author name scrubbed].