House Concurrent Resolution 8



Whereas, the Individuals with Disabilities Education Act (IDEA) provides a basic framework for the discipline of disabled children in an educational setting; and

Whereas, the IDEA Reauthorization of 1997 contains inconsistencies and does not adequately resolve a number of disciplinary issues that school districts face; and

Whereas, because disabled and nondisabled children both engage in dangerous and violent behavior, the disciplinary provisions of the IDEA Reauthorization are essential to safe public schools, but only if such provisions in the law are clear and internally consistent; and

Whereas, as a result of the inconsistencies and the federal regulations regarding school discipline of the disabled, the hearing process established under the IDEA is often used for guidance in the implementation of the disciplinary provisions. The use of that hearing process has resulted in the IDEA ranking of fourth largest for the amount of litigation generated; and

Whereas, a clear and consistent statute could significantly reduce needless and costly litigation that consumes valuable educational resources and unnecessarily burdens parents and taxpayers:

Now, therefore, be it resolved that the members of the Missouri House of Representatives of the Ninetieth General Assembly, Second Regular Session, the Senate concurring therein, hereby urge the United States Congress to enact legislation that would eliminate the inconsistencies imposed by the disciplinary provisions of the Individuals with Disabilities Education Act; and

Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Speaker of the United States House of Representatives, the Majority Leader of the United States Senate, the United States Secretary of Education, and each member of the Missouri Congressional delegation.

Offered by Representative Jewel Patek

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