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Bills would expand schools' authority to discipline special ed students7/6/99 – Both the House and Senate juvenile justice bills address the issue of discipline in the special education program. The House passed an amendment by Rep. Charles Norwood (R-Ga.) to allow school personnel to discipline students with disabilities who carry or possess weapons in the same manner as those students without disabilities, including suspension or expulsion.A similar amendment was passed during the earlier Senate floor action on the bill. But that bill is more narrow in that it specifies guns and bombs, while the House bill covers knives and other weapons. NSBA supports legislation to eliminate the double standard in disciplining students for weapons possession. According to NSBA no students, whether they have disabilities or not, should be allowed to threaten school safety. If the amendment is approved by Congress, it would overturn the provision in the Individuals with Disabilities Education Act that allows schools to transfer disabled students to an alternative setting for 45 days if they carry weapons, possess drugs, or pose a safety risk to themselves or others. During that period, the school must provide educational services. The House bill does not include provisions in the Senate bill that would require schools to provide immediate, appropriate mental health services to any student--with disabilities or not--who possesses weapons or commits a violent act.
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