HR 1295 IH

106th CONGRESS

1st Session

H. R. 1295

To amend the Individuals with Disabilities Education Act to provide for the expulsion from school and termination of educational services with respect to a child with a disability who carries a weapon to school or to a school function.

IN THE HOUSE OF REPRESENTATIVES

March 25, 1999

Mr. BARR of Georgia introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. EXPULSION FROM SCHOOL AND TERMINATION OF EDUCATIONAL SERVICES FOR A CHILD WITH A DISABILITY WHO CARRIES A WEAPON TO SCHOOL.

(a) IN GENERAL- Section 615(k) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)) is amended--

(1) by redesignating paragraph (10) as paragraph (11); and

(2) by inserting after paragraph (9) the following:

`(10) EXPULSION AND TERMINATION OF EDUCATIONAL SERVICES WITH RESPECT POSSESSION OF WEAPONS-

`(A) IN GENERAL- Notwithstanding any other provision of this Act, school personnel under this section shall order the expulsion from school and termination of educational services with respect to a child with a disability who carries a weapon to school or to a school function under the jurisdiction of a State or a local educational agency.

`(B) RULE OF CONSTRUCTION- Except to the extent inconsistent with the purpose of subparagraph (A), a child with a disability described in subparagraph (A) shall be afforded the same procedural protections, if any, that would be applied to a child without a disability who carries a weapon to school or to a school function under the jurisdiction of a State or a local educational agency.'.

(b) CONFORMING AMENDMENT- Section 612(a)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(1)(A)) is amended by adding at the end before the period the following: `(except as provided in section 615(k)(10) of this Act)'.

END