[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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