[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4574 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4574
To amend part B of 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 or other deadly weapons or assault with deadly weapons.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 1994
Mr. Stearns (for himself, Mr. Klug, Mr. Canady, Mr. Lewis of Florida,
and Mrs. Fowler) introduced the following bill; which was referred to
the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend part B of 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 or other deadly weapons or assault with deadly weapons.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INAPPLICABILITY OF REQUIREMENT REGARDING CONTINUED
EDUCATIONAL PLACEMENT OF CHILDREN WITH DISABILITIES
DURING DISCIPLINARY PROCEEDINGS FOR POSSESSION OF
FIREARMS OR OTHER DEADLY WEAPONS OR ASSAULT WITH DEADLY
WEAPONS.
(a) In General.--Paragraph (3) of section 615(e) of the Individuals
with Disabilities Education Act (20 U.S.C. 1415(e)(3)) is amended--
(1) by inserting ``(A)'' after the paragraph designation;
(2) in subparagraph (A) (as so redesignated), by striking
``During'' and inserting ``Except as provided in subparagraph
(B), during''; and
(3) by adding at the end the following new subparagraph:
``(B)(i) 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 or other
deadly weapon or assault with a deadly weapon.
``(ii) For purposes of this subparagraph, the terms `deadly weapon'
and `assault with a deadly weapon' shall have the meanings given such
terms by the State educational agency, or at the option of the State
educational agency, the local educational agency, except that the term
`assault with a deadly weapon' shall include assaults with items not
generally considered to be deadly weapons if such items are used in a
manner which is intended to cause potentially life-threatening
injuries.''.
(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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