{
  "id": "98-42",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "98-42",
  "active": false,
  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 105133,
      "date": "2004-08-03",
      "retrieved": "2016-04-07T20:11:13.640878",
      "title": "Individuals with Disabilities Education Act (IDEA): Discipline Provisions in P.L. 105-17",
      "summary": "The 1997 Amendments to the Individuals with Disabilities Education Act are the most\ncomprehensive and significant changes made since its original enactment. Several of the most\nimportant changes were made regarding the discipline of children with disabilities. Congress\nattempted to strike \u201ca careful balance between the LEA\u2019s (local educational\nagency\u2019s) duty to ensure\nthat school environments are safe and conducive to learning for all children, including children with\ndisabilities, and the LEA\u2019s obligation to ensure that children with disabilities receive a free\nappropriate public education.\u201d\n \n Generally, the new provisions give schools increased flexibility for dealing with children with\ndisabilities who misbehave. A school may now place a child with a disability in an interim\nalternative educational setting for not more than forty-five days if the student has been involved with\ndrugs or weapons (not just firearms as under previous law). An impartial hearing officer may order\na change in placement for a child with a disability to an interim alternative educational placement\nfor up to forty-five days if the hearing officer finds that the school has demonstrated by substantial\nevidence that leaving the child in the current placement is substantially likely to result in injury to\nthe child or others. In addition,  P.L. 105-17  codifies the previous interpretation by the Department\nof Education that educational services may not cease for children with disabilities who have been\nsuspended or expelled. Final regulations, issued by the Department of Education on March 12, 1999,\nelaborated upon these statutory requirements. This report examines both the statutory and regulatory\nprovisions relating to discipline as well as recent proposed amendments. It will be updated as\nnecessary.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
      "formats": [
        {
          "format": "HTML",
          "encoding": "utf-8",
          "url": "http://www.crs.gov/Reports/98-42",
          "sha1": "5b8647385420705739713205daab7fbbe0758077",
          "filename": "files/20040803_98-42_5b8647385420705739713205daab7fbbe0758077.html",
          "images": null
        },
        {
          "format": "PDF",
          "encoding": null,
          "url": "http://www.crs.gov/Reports/pdf/98-42",
          "sha1": "90eeb98ee9349ac5f4574b9070a9c9d51ccd0a6b",
          "filename": "files/20040803_98-42_90eeb98ee9349ac5f4574b9070a9c9d51ccd0a6b.pdf",
          "images": null
        }
      ],
      "topics": []
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc805606/",
      "id": "98-42_2002Jan15",
      "date": "2002-01-15",
      "retrieved": "2016-03-19T13:57:26",
      "title": "Individuals with Disabilities Education Act: Discipline Provisions in P.L. 105-17",
      "summary": null,
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
      "formats": [
        {
          "format": "PDF",
          "filename": "files/20020115_98-42_44cad543975bd8aaa62800190b162b517af1b39a.pdf"
        },
        {
          "format": "HTML",
          "filename": "files/20020115_98-42_44cad543975bd8aaa62800190b162b517af1b39a.html"
        }
      ],
      "topics": []
    }
  ],
  "topics": [
    "Education Policy"
  ]
}