HR 4127 IH
106th CONGRESS
2d Session
H. R. 4127
To amend the Individuals with Disabilities Education Act to provide
increased authority for school personnel to discipline children with
disabilities who engage in certain dangerous behavior.
IN THE HOUSE OF REPRESENTATIVES
March 29, 2000
Mr. VITTER introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To amend the Individuals with Disabilities Education Act to provide
increased authority for school personnel to discipline children with
disabilities who engage in certain dangerous behavior.
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 may be cited as the `Classroom Safety Act of 2000'.
SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
(a) PLACEMENT IN ALTERNATIVE EDUCATIONAL SETTING- 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) DISCIPLINE WITH REGARD TO WEAPONS-
`(A) AUTHORITY OF SCHOOL PERSONNEL- Notwithstanding any other
provision of this Act, school personnel may discipline (including expel or
suspend) 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) possesses or uses illegal drugs, or sells or solicits the sale
of a controlled substance while 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 may discipline a child
without a disability. Such personnel may modify the disciplinary action on
a case-by-case basis.
`(B) RULE OF CONSTRUCTION- Nothing in subparagraph (A) shall be
construed to prevent a child with a disability who is disciplined pursuant
to the authority provided under subparagraph (A) from asserting a defense
that the carrying or possession of the weapon, or the possession of an
illegal drug or sale or solicitation of the sale of a controlled
substance, was unintentional or innocent.
`(C) FREE APPROPRIATE PUBLIC EDUCATION-
`(i) CEASING TO PROVIDE EDUCATION- Notwithstanding section
612(a)(1)(A), a child expelled or suspended under subparagraph (A) shall
not be entitled to continue educational services, including a free
appropriate public education, under this title, 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.
`(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 to continue to provide
the services--
`(I) nothing in this title 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 location where the local educational agency provides the
services shall be left to the discretion of the local educational
agency.
`(D) RELATIONSHIP TO OTHER REQUIREMENTS-
`(i) 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
paragraph.
`(ii) PROCEDURE- Actions taken pursuant to this paragraph shall not
be subject to the provisions of this section, other than this
paragraph.'.
(b) CONFORMING AMENDMENTS- (1) Section 615(f)(1) of the Individuals with
Disabilities Education Act (20 U.S.C. 1415(f)(1)) is amended by striking
`Whenever' and inserting the following: `Except as provided in section
615(k)(10), whenever'.
(2) Section 615(k)(1)(A)(ii) of the Individuals with Disabilities
Education Act (20 U.S.C. 1415(k)(1)(A)(ii)) is amended in the matter preceding
subclause (I) by inserting before `to an appropriate interim educational
setting' the following: `except as provided in paragraph (10),'.
END