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Mr. FRIST (for himself, Mr. ASHCROFT, Mr. HELMS, Mr. COVERDELL, Mr. ALLARD, and Mr. NICKLES) proposed an amendment to the bill, S. 254, supra; as follows:
At the appropriate place, insert the following:
__--School Safety
SEC. __1. SHORT TITLE.
This subtitle may be cited as the ``School Safety Act of 1999''.
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) in paragraph (1)(A)(ii)(I), by inserting ``(other than a gun or firearm)'' after ``weapon'';
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following new section:
``(10) DISCIPLINE WITH REGARD TO GUNS OR FIREARMS.--
``(A) AUTHORITY OF SCHOOL PERSONNEL WITH RESPECT TO GUNS OR FIREARMS.--
``(i) Notwithstanding any other provision of this Act, school personnel may discipline (including expel or suspend) a child with a disability who carries or possesses a gun or firearm 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, in the same manner in which such personnel may discipline a child without a disability.
``(ii) Nothing in clause (i) shall be construed to prevent a child with a disability who is disciplined pursuant to the authority provided under clause (i) from asserting a defense that the carrying or possession of the gun or firearm was unintentional or innocent.
``(B) 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 continued 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.
``(C) 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.
``(D) FIREARM.--The term `firearm' has the meaning given the term under section 921 of title 18, United States Code.''.
(b) CONFORMING AMENDMENT.--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''.
SEC. __3. AMENDMENT TO THE GUN-FREE SCHOOLS ACT OF 1994.
Subsection (c) of section 14601 of the Gun-Free Schools Act of 1994 (20 U.S.C. 8921) is amended to read as follows:
``(c) SPECIAL RULE.--Notwithstanding any other provision of this section, this section shall be subject to section 615(k)(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)(10)).''.
END