AMENDING THE INDIVIDUALS WITH DISABILITIES ACT -- HON. BOB BARR (Extensions of Remarks - March 25, 1999)

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HON. BOB BARR OF GEORGIA IN THE HOUSE OF REPRESENTATIVES THURSDAY, MARCH 25, 1999

Mr. BARR of Georgia. Mr. Speaker, I would like to announce the introduction of legislation which would amend the Individuals With Disabilities Education Act (IDEA) to provide more flexibility for schools, and would require the expulsion and termination of education services, if a student with a disability carries a weapon to school or to a school function, and it is determined the behavior in question of the child was not due to his or her disability.

When a student brings a weapon into school, it places every individual's life in danger. Such a potentially dangerous action cannot be tolerated or accepted; regardless of whether the student has a disability. The protection of students and faculty must be a priority. We must establish a zero tolerance for weapons in schools, and not allow federal regulations to tie the hands of school disciplinarians. IDEA strongly restricts school administrators and educators in the area of discipline.

Recently, in Cobb County, Georgia, two seventh-graders were expelled by the local school board for bringing a handgun to school. Insofar as these boys have disabilities they may very well be sent to a private school at taxpayer expense, in accordance with IDEA. Under the provisions of IDEA, if a student brings a weapon to school and is expelled, then the school board is responsible for providing alternative education services. For Cobb County taxpayers, the cost of educating a student outside the regular classroom can range between $5,000 and $41,000 a year, depending on the level of special services required.

Ninety-five percent of students in special education who are suspended or expelled for displaying violent or aggressive behavior are not disciplined. Taxpayers should not be held responsible for these children with disabilities who carry weapons into schools or school functions. This also bill reduces the amazing amount of paperwork administrators must deal with under IDEA, and it would provide for more flexibility for schools in the disciplinary process.

While I support and voted in favor of the Individuals with Disabilities Education Improvement Act, H.R. 5, in 1997, I do not support condoning behavior by a student that places the students and faculty members at risk. If it is determined a disabled student's disability was not a contributing factor, that student should be held accountable for his or her actions.
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