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``(n) DISCIPLINE BY LOCAL AUTHORITY WITH RESPECT TO WEAPONS, DRUGS, AND TEACHER ASSAULTS.--
``(1) AUTHORITY OF SCHOOL PERSONNEL WITH RESPECT TO WEAPONS, DRUGS, AND TEACHER ASSAULTS.--Notwithstanding any other provision of this title, school personnel may discipline (including expel or suspend) a child with a disability in the same manner in which such personnel may discipline a child without a disability if the child with a disability--
``(A) 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;
``(B) 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;
``(C) possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency; or
``(D) assaults or threatens to assault a teacher, teacher's aid, principal, school counselor, or other school personnel, including independent contractors and volunteers.
``(2) INDIVIDUAL DETERMINATIONS.--In carrying out any disciplinary action described in paragraph (1), school personnel have discretion to consider all germane factors in each individual case and modify any disciplinary action on a case-by-case basis.
``(3) DEFENSE.--Nothing in paragraph (1) shall be construed to prevent a child with a disability who is disciplined pursuant to the authority provided under paragraph (1) from asserting a defense that the alleged act was unintentional or innocent.
``(4) FREE APPROPRIATE PUBLIC EDUCATION.--
``(A) CEASING TO PROVIDE EDUCATION.--Notwithstanding section 612(a)(1)(A), or any other provision of this title, a child expelled or suspended under paragraph (1) shall not be entitled to continued educational services, including a free appropriate public education, under this subsection, 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 expelled or suspended.
``(B) PROVIDING EDUCATION.--Notwithstanding subparagraph (A), the local educational agency responsible for providing educational services to a child with a disability who is expelled or suspended under paragraph (1) may choose to continue to provide educational services to such child. If the local educational agency so chooses to continue to provide the services--
``(i) nothing in this subsection shall be construed to require the local educational agency to provide such child with a free appropriate public education, or any particular level of service; and
``(ii) the location where the local educational agency provides the services shall be left to the discretion of the local educational agency.
``(5) RELATIONSHIP TO OTHER REQUIREMENTS.--
``(A) PLAN REQUIREMENTS.--No agency shall be considered to be in violation of section 612 or 613 because the agency has provided discipline, services, or assistance in accordance with this subsection.
``(B) PROCEDURE.--None of the procedural safeguards or disciplinary procedures of this Act shall apply to this subsection, and the relevant procedural safeguards and disciplinary procedures applicable to children without disabilities may be applied to the child with a disability in the same manner in which such safeguards and procedures would be applied to children without disabilities.
``(6) DEFINITIONS.--In this subsection:
``(A) THREATEN TO CARRY, POSSESS, OR USE A WEAPON.--The term `threaten to carry, possess, or use a weapon' includes behavior in which a child verbally threatens to kill another person.
``(B) WEAPON, ILLEGAL DRUG, CONTROLLED SUBSTANCE, AND ASSAULT.--The terms `weapon', `illegal drug', `controlled substance', `assault', `unintentional', and `innocent' have the meanings given such terms under State law.''.
(b) CONFORMING AMENDMENTS.--Section 615 of the Individuals with Disabilities Education Act (20 U.S.C. 1415) is amended--
(1) in subsection (f)(1), by striking ``Whenever'' and inserting the following: ``Except as provided in section 615(n), whenever''; and
(2) in subsection (k)--
(A) in paragraph (1), by striking subparagraph (A) and inserting the following:
``(A) In any disciplinary situation except for such situations as described in subsection (n), school personnel under this section may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives would apply to children without disabilities).'';
(B) by striking paragraph (3) and inserting the following:
``(3) Any interim alternative educational setting in which a child is placed under paragraph (1) or (2) shall--
``(A) be selected so as to enable the child to continue to participate in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the child's current IEP, that will enable the child to meet the goals set out in that IEP; and
``(B) include services and modifications designed to address the behavior described in paragraphs (1) or (2) so that it does not recur.'';
(C) in paragraph (6)(B)--
(i) in clause (i), by striking ``(i) In reviewing'' and inserting ``In reviewing''; and
(ii) by striking clause (ii);
(D) in paragraph (7)--
(i) in subparagraph (A), by striking ``paragraph (1)(A)(ii) or'' each place it appears; and
(ii) in subparagraph (B), by striking ``paragraph (1)(A)(ii) or''; and
(E) by striking paragraph (10) and inserting the following:
``(10) SUBSTANTIAL EVIDENCE.--The term `substantial evidence' means beyond a preponderance of the evidence.''.
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(n) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(n)).''.
SEC. 4. APPLICATION.
The amendments made by sections 2 and 3 shall not apply to conduct occurring prior to the date of enactment of this Act.
By Mr. McCAIN:
[Page: S3615] GPO's PDF
S. 2518. A bill to provide for the technical integrity of hte FM radio band, and for other purposes; to the Committee on Commerce, Science, and Transportation.
FM RADIO ACT OF 2000
Mr. MCCAIN: Mr. President, I rise today to introduce a bill to resolve the controversy that has erupted over the Federal Communications Commission's creation of a new, noncommercial low -power FM radio service.
As you undoubtedly known, the FCC's low -power FM rules will allow the creation of thousands of new noncommercial FM radio stations with coverage of about a mile or so. Although these new stations will give churches and community groups new outlets for expression of their views, commercial FM broadcasters as well as National Public Radio oppose the new service. They argue that the FCC ignored studies showing that the new low -power stations would cause harmful interference to the reception of existing full-power FM stations.
Mr. President, legislation before the House of Representatives would call a halt to the institution of low -power FM service by requiring further independent study of its potential for causing harmful interference to full-power stations, and Senator GREGG has introduced the same legislation in the Senate. While this would undoubtedly please existing FM radio broadcasters, it understandably angers the many parties who are anxious to apply for the new low -power licenses. Most importantly, it would delay the availability of whatever new programming these new low -power licensees might provide, even where the station would have caused no actual interference at all had it been allowed to operate.
With all due respect to Senator GREGG and to the supporters of the House bill, I think we can reach a fairer result, and the bill I am introducing, the FM Radio Act of 2000, is intended to do just that.
Unlike Senator GREGG'S bill, the FM Radio Act would allow the FCC to license low -power FM radio stations. the only low -power FM stations that would be affected would be those whose transmissions are actually causing harmful interference to a full-power radio station. The National Academy of Sciences--an expert body independent of the FCC--would determine which stations are causing such interference and what the low -power station must do to alleviate it.
It gives full-power broadcasters the right to sue any low -power FM licensee for causing harmful interference, and stipulates that the costs of the suit shall be borne by the losing party. Finally, to make sure that the FCC does not relegate the interests of full-power radio broadcasters to secondary importance in its eagerness to launch the new lower-power FM service, the bill requires the FCC to complete all rulemakings necessary to implement full-power stations' transition to digital broadcasters no later than June 1, 2001.
Mr. President, this legislation strikes a fair balance by allowing non-interfering low -power FM stations to operate without further delay, while affecting only those low -power stations that an independent scientific body finds to be causing harmful interference in their actual, everyday operations. This is totally consistent with the fact that low -power FM is a secondary service which, by law, must cure any interference caused to any primary, full-power service. This legislation will provide an efficient and impartial means to detect and resolve harmful interference. By providing a judicial remedy with costs assigned to the losing party, the bill will discourage the creation of low -power stations most likely to cause harmful interference even as it discourages full-power broadcasters from making unwarranted interference claims. And for these reasons it will provide a more definitive resolution of opposing interference claims than any number of further studies ever could.
Mr. President, in the interests of would-be new broadcasters, existing broadcasters, but, most of all, the listening public, I urge the enactment of the FM Radio Act of 2000.
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