Authorizes school personnel to discipline (including expel or suspend), in the same manner in which such personnel may discipline a child without a disability, a child with a disability who: (1) carries or possesses a weapon to or at a school, on school premises, or to or at a school function under the jurisdiction of a State or local educational agency (LEA); or (2) threatens to do so, which includes behavior in which a child verbally threatens to kill another person.
Declares that a child expelled or suspended shall not be entitled to continued educational services, including a free appropriate public education, during the term of such expulsion or suspension, if the State does not require a child without a disability to receive educational services after being expelled or suspended. Authorizes the LEA, even if State law does not require it to do so, to choose to continue to provide educational services, at any level of services and at a site it chooses.
Amends the Gun-Free Schools Act of 1994 to subject certain provisions to IDEA requirements added by this Act for school expulsion or suspension, because of a weapons violation, of a child with a disability.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 969 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 969
To amend the Individuals with Disabilities Education Act and the Gun-
Free Schools Act of 1994 to authorize schools to apply appropriate
discipline measures in cases where students have weapons or threaten to
harm others, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 5, 1999
Mr. Ashcroft introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Individuals with Disabilities Education Act and the Gun-
Free Schools Act of 1994 to authorize schools to apply appropriate
discipline measures in cases where students have weapons or threaten to
harm others, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act my be cited as the ``School Safety Act of 1999''.
SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
(a) Placement in Alternative Educational Settings.--Section 615(k)
of the Individual with Disabilities Education Act (20 U.S.C. 1415(k))
is amended--
(1) in paragraph (1)(A)(ii), by striking ``45 days if--''
and all that follows through ``(II) the child'' and inserting
``45 days if the child'';
(2) in paragraph (2), by striking ``A hearing'' and
inserting ``Except as provided in paragraph (10), a hearing'';
(3) by redesignating paragraph (10) as paragraph (11);
(4) by inserting after paragraph (9) the following new
section:
``(10) Expulsion or suspension with respect to weapons.--
``(A) Authority of school personnel with respect to
weapons.--Notwithstanding any other provision of this
Act, school personnel may suspend or expel a child with
a disability who--
``(i) carries or possesses a weapon to or
at a school, on school premises, or to or at a
school function under the jurisdiction of a
State or a local educational agency; or
``(ii) threatens to carry, possess, or use
a weapon to or at a school, on school premises,
or to or at a school function under the jurisdiction of a State or a
local educational agency;
in the same manner in which such personnel would
suspend or expel a child without a disability.
``(B) Definitions.--For the purposes of this
paragraph:
``(i) Weapon.--The term `weapon' has the
meaning given the term under applicable State
law.
``(ii) Threatens to carry, possess, or use
a weapon.--The term `threatens to carry,
possess, or use a weapon' includes behavior in
which a child verbally threatens to kill
another person.
``(C) Free appropriate public education.--
``(i) Ceasing to provide education.--A
child expelled or suspended under subparagraph
(A) shall not be entitled to continued
educational services, including, but not
limited to a free appropriate public education,
under this Act, during the term of such
expulsion or suspension, if the State in which
the local educational agency responsible for
providing educational services to such child
does not require a child without a disability
to receive educational services after being
suspended or expelled.
``(ii) Providing education.--
Notwithstanding clause (i), the local
educational agency responsible for providing
educational services to a child with a
disability who is expelled or suspended under
subparagraph (A) may choose to continue to
provide educational services to such child. If
the local educational agency so chooses, then--
``(I) nothing in this Act shall
require the local educational agency to
provide such child with a free
appropriate public education, or any
particular level of service; and
``(II) the site where the local
educational agency provides the
services shall be left to the
discretion of the local educational
agency.''.
(5) in paragraph (11) (as redesignated in paragraph (3)),
by striking subparagraph (D).
(b) Conforming Amendments.--
(1) Section 612(a)(1)(A) of the Individuals with
Disabilities Education Act (20 U.S.C. 1412(a)(1)(A)) is amended
by inserting before the period ``(except as provided in section
615(k)(10))''.
(2) Section 615(f)(1) of the Individuals with Disabilities
Education Act (20 U.S.C. 1415(f)(1)) is amended by inserting at
the beginning of the first sentence ``Except as provided in
section 615(k)(10),''.
SEC. 3. AMENDMENT TO THE GUN-FREE SCHOOLS ACT OF 1994.
Subsection (c) of section 14601 of the Gun-Free Schools Act of 1994
(20 U.S.C. 8921) is amended to read as follows:
``(c) Special Rule.--Notwithstanding any other provision of this
section, this section shall be subject to section 615(k)(10) of the
Individual with Disabilities Education Act (20 U.S.C. 1415(k)(10)).''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4805-4807)
Read twice and referred to the Committee on HELP.
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