[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4395 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4395

To the Individuals with Disabilities Education Act to provide that the 
 requirement regarding the continued educational placement of children 
  with disabilities in public schools during the pendency of certain 
 proceedings shall not apply with respect to disciplinary proceedings 
           against those children for possession of firearms.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 1994

  Ms. Schenk introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To the Individuals with Disabilities Education Act to provide that the 
 requirement regarding the continued educational placement of children 
  with disabilities in public schools during the pendency of certain 
 proceedings shall not apply with respect to disciplinary proceedings 
           against those children for possession of firearms.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. NONAPPLICABILITY OF REQUIREMENT REGARDING CONTINUED 
              EDUCATIONAL PLACEMENT OF CHILDREN WITH DISABILITIES 
              DURING DISCIPLINARY PROCEEDINGS FOR POSSESSION OF 
              FIREARMS.

    (a) In General.--Section 615(e)(3) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1415(e)(3)) is amended--
            (1) by striking ``(3) During the pendency'' and inserting 
        ``(3)(A) Except as provided in subparagraph (B), during the 
        pendency''; and
            (2) by adding at the end the following new subparagraphs:
    ``(B) The requirement contained in subparagraph (A) regarding the 
maintenance of a child with a disability in the current educational 
placement of such child shall not apply with respect to a disciplinary 
proceeding against such child for possession of a firearm.
    ``(C) Nothing in this section shall be construed to relieve a State 
or local educational agency of an obligation under the Act to provide 
an education to individuals with disabilities.''.
    (b) Effective Date.--The amendments made by subsection (a) apply 
with respect to a disciplinary proceeding commenced on or after the 
date of the enactment of this Act.

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