These amendments are the most comprehensive and significantchanges made to the Individuals with Disabilities Education Act (IDEA) since its enactment in 1975.Several of the most important changes were made regarding the discipline of children withdisabilities. Congress attempted to strike "a careful balance between the LEA's duty to ensure thatschool environments are safe and conducive to learning for all children, including children withdisabilities, and the LEA's continuing obligation to ensure that children with disabilities receive afree appropriate public education." The IDEAAmendments of 1997 allow a school to place a child with a disability in an interim alternativeeducational setting for not more than forty-five days if the student has been involved with drugs orweapons (not just firearms as under previous law). An impartial hearing officer may order a changein placement for a child with a disability to an interim alternative educational placement for up toforty-five days if the hearing officer finds that the school has demonstrated by substantial evidencethat leaving the child in the current placement is substantially likely to result in injury to the childor others. In addition, P.L. 105-17 codifies the previous interpretation by the Department ofEducation that educational services may not cease for children with disabilities who have beensuspended or expelled.
The 1997 Amendments to the Individuals with Disabilities Education Act are the most comprehensive and significant changes made since its original enactment. Several of the mostimportant changes were made regarding the discipline of children with disabilities. Congressattempted to strike "a careful balance between the LEA's (local educational agency's) duty to ensurethat school environments are safe and conducive to learning for all children, including children withdisabilities, and the LEA's obligation to ensure that children with disabilities receive a freeappropriate public education."
Generally, the new provisions give schools increased flexibility for dealing with children with disabilities who misbehave. A school may now place a child with a disability in an interimalternative educational setting for not more than forty-five days if the student has been involved withdrugs or weapons (not just firearms as under previous law). An impartial hearing officer may ordera change in placement for a child with a disability to an interim alternative educational placementfor up to forty-five days if the hearing officer finds that the school has demonstrated by substantialevidence that leaving the child in the current placement is substantially likely to result in injury tothe child or others. In addition, P.L. 105-17 codifies the previous interpretation by the Departmentof Education that educational services may not cease for children with disabilities who have beensuspended or expelled. Final regulations, issued by the Department of Education on March 12, 1999,elaborated upon these statutory requirements. This report examines both the statutory and regulatoryprovisions relating to discipline as well as recent proposed amendments. It will be updated asnecessary.