Tom Harkin: “Right in ``(2) Limitation.--(A) In General.--'' where you say ``shall receive a free appropriate public education which…”

“Right in ``(2) Limitation.--(A) In General.--'' where you say ``shall receive a free appropriate public education which may be provided in an alternative educational setting.'' My amendment adds the words ``pursuant to Sec 615K'' which does provide that. The Senator's amendment does not provide that. I ask him to look at that. That is not provided. To me, that was the biggest problem. I have other problems with his amendment. That is the single biggest problem right there. I point that out. Look at my amendment; I put in the words ``pursuant to Sec 615K.'' That is one big problem with this amendment. The second problem is the cessation of services, and this is equally as important, perhaps, as the segregation. I agree with the Senator from Alabama; if a student with a disability violates a school rule and if that behavior is not related to his disability, that child should be disciplined in the same manner as any other child, and IDEA allows for that. Under the Individuals with Disabilities Education Act, let's say a child with a disability is caught smoking in the parking lot and that is a violation of school rules but it is not a manifestation of that child's disability. That child can be disciplined just as any other child who was caught smoking in that parking lot. No ifs, ands, or buts about it. Here is the point: They can be disciplined, but the educational services cannot be stopped. We continue the services to this child.…”