When I travel throughout north Mississippi talking to parents and teachers about education, I hear a lot about the importance of school discipline. Most members of Congress agree with the academic community that a safe and productive learning environment is a key element in providing all students with a good education.
Another important issue in recent years has been the need to provide equal opportunities to students with disabilities. This led to passage of the Individuals With Disabilities Education Act (IDEA). However, these two issues have collided in the interpretation of the current discipline provisions under IDEA. In following these rules, school administrators have been forced to go beyond the guarantee of a right of access to education. The consequence is a dual standard of student discipline.
In one case, four students were caught passing a gun among themselves at a school- sponsored event. The student who brought the gun was identified as learning disabled under IDEA. He was placed in an alternative program for 45 days, the maximum penalty specified in the law, then returned to the classroom. His three classmates were expelled.
Current law makes it more difficult to control disruptive or violent behavior of disabled students by limiting the number of days they may be suspended or placed in an alternative setting. School administrators need the capability to ensure safety and security in the classroom by requiring disabled students to abide by the same rules and face the same consequences for their actions as every other student.
I have introduced the Fairness in School Discipline Act to give local and state school officials more flexibility in handling disciplinary cases under IDEA. The result will be a system where all students are judged fairly and equally.
Many students, parents, teachers, and school administrators object to what they perceive as a double standard for punishment. They question why the federal government should be so involved in disciplinary matters which could more properly be handled at the local and state level.
My bill does not interfere with IDEA's mission to offer the best educational experience to students identified as disabled. It simply shifts authority for disciplinary actions under IDEA from Washington to the states and local school administrators. If a student breaks the rules, local school districts should be free to set an appropriate punishment which would apply equally to everyone.