S 44 PCS

To amend the Gun-Free Schools Act of 1994 to require a local educational agency that receives funds under the Elementary and Secondary Education Act of 1965 to expel a student determined to be in possession of an illegal drug, or illegal drug paraphernalia, on school property, in addition to expelling a student determined to be in possession of a gun, and for other purposes.

January 19, 1999

Mr. HELMS introduced the following bill; which was read the first time

January 20, 1999

Read the second time and placed on the calendar

To amend the Gun-Free Schools Act of 1994 to require a local educational agency that receives funds under the Elementary and Secondary Education Act of 1965 to expel a student determined to be in possession of an illegal drug, or illegal drug paraphernalia, on school property, in addition to expelling a student determined to be in possession of a gun, 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. SAFE SCHOOLS.

(a) AMENDMENTS- Part F of title XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended to read as follows:

`PART F--ILLEGAL DRUG AND GUN POSSESSION

`SEC. 14601. DRUG-FREE AND GUN-FREE REQUIREMENTS.

`(a) SHORT TITLE- This section may be cited as the `Safe Schools Act of 1999'.

`(b) REQUIREMENTS-

`(1) IN GENERAL- Each State receiving Federal funds under this Act shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than 1 year a student who is determined--

`(A) to be in possession of an illegal drug, or illegal drug paraphernalia, on school property under the jurisdiction of, or on a vehicle operated by an employee or agent of, a local educational agency in that State; or

`(B) to have brought a firearm to a school under the jurisdiction of a local educational agency in that State,

except that the State law shall allow the chief administering officer of the local educational agency to modify the expulsion requirement for a student on a case-by-case basis.

`(2) CONSTRUCTION- Nothing in this title shall be construed to prevent a State from allowing a local educational agency that has expelled a student from the student's regular school setting from providing educational services to the student in an alternative setting.

`(c) SPECIAL RULE- The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

`(d) APPLICATION- Each local educational agency requesting assistance from a State educational agency that is to be provided from funds made available to the State under this Act shall provide to the State, in the application requesting assistance--

`(1) an assurance that the local educational agency is in compliance with the State law required by subsection (b); and

`(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection (b), including--

`(A) the name of the school concerned;

`(B) the number of students expelled from the school; and

`(C) the type of illegal drugs, illegal drug paraphernalia, or firearms concerned.

`(e) REPORT TO SECRETARY- Each State shall report the information described in subsection (d) to the Secretary on an annual basis.

`(f) REPORT TO CONGRESS- Not later than two years after the date of enactment of the Safe Schools Act of 1999, the Secretary shall report to Congress with respect to any State that is not in compliance with the requirements of this part.

`SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.

`(a) IN GENERAL- No funds shall be made available under this Act to any local educational agency unless the agency has a policy requiring referral, to the criminal justice or juvenile delinquency system, of any student who is in possession of an illegal drug, or illegal drug paraphernalia, on school property under the jurisdiction of, or on a vehicle operated by an employee or agent of, the agency, or who brings a firearm to a school under the jurisdiction of the agency.

`(b) DEFINITIONS- For the purpose of this section, the term `school' has the meaning given the term in section 921(a) of title 18, United States Code.

`SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.

`The Secretary shall--

`(1) widely disseminate the policy of the Department, in effect on the date of enactment of the Safe Schools Act of 1999, with respect to disciplining children with disabilities;

`(2) collect data on the incidence of children with disabilities (as the term is defined in section 602 of the Individuals With Disabilities Education Act (20 U.S.C. 1401)) possessing illegal drugs, or illegal drug paraphernalia, on school property under the jurisdiction of, or on a vehicle operated by an employee or agent of, a local educational agency, engaging in life threatening behavior at school, or bringing firearms to schools; and

`(3) not later than 1 year after the date of enactment of the Safe Schools Act of 1999, prepare and submit to Congress a report analyzing the strengths and problems with the approaches regarding disciplining children with disabilities.

`SEC. 14604. DEFINITIONS.

`In this part:

`(1) FIREARM- The term `firearm' has the meaning given the term in section 921(a) of title 18, United States Code.

`(2) ILLEGAL DRUG-

`(A) IN GENERAL- The term `illegal drug' means a controlled substance, as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), the possession of which is unlawful under the Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.).

`(B) EXCLUSION- The term `illegal drug' does not mean a controlled substance used pursuant to a valid prescription or as authorized by law.

`(3) ILLEGAL DRUG PARAPHERNALIA- The term `illegal drug paraphernalia' means drug paraphernalia, as defined in section 422(d) of the Controlled Substances Act (21 U.S.C. 863(d)), except that the first sentence of section 422(d) of the Act shall be applied by inserting `or under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.)' before the period.'.

(b) EFFECTIVE DATE- This Act and the amendments made by this Act take effect 6 months after the date of enactment of this Act.

Calendar No. 5

To amend the Gun-Free Schools Act of 1994 to require a local educational agency that receives funds under the Elementary and Secondary Education Act of 1965 to expel a student determined to be in possession of an illegal drug, or illegal drug paraphernalia, on school property, in addition to expelling a student determined to be in possession of a gun, and for other purposes.

January 20, 1999

END