[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 763 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 763

     To amend the Gun-Free Schools Act of 1994 to require a local 
    educational agency that receives funds under the Elementary and 
Secondary Education Act of 1965 to expel a student determined to be in 
possession of an illegal drug, or illegal drug paraphernalia, on school 
   property, in addition to expelling a student determined to be in 
                          possession of a gun.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 1997

Mr. Helms (for himself, Mr. Faircloth, Mr. Ashcroft, Mr. Grassley, and 
 Mr. Sessions) introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
     To amend the Gun-Free Schools Act of 1994 to require a local 
    educational agency that receives funds under the Elementary and 
Secondary Education Act of 1965 to expel a student determined to be in 
possession of an illegal drug, or illegal drug paraphernalia, on school 
   property, in addition to expelling a student determined to be in 
                          possession of a gun.

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

SECTION 1. SAFE SCHOOLS.

    (a) Amendments.--Part F of title XIV of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended to 
read as follows:

               ``PART F--ILLEGAL DRUG AND GUN POSSESSION

``SEC. 14601. DRUG-FREE AND GUN-FREE REQUIREMENTS.

    ``(a) Short Title.--This section may be cited as the `Safe Schools 
Act of 1997'.
    ``(b) Requirements.--
            ``(1) In general.--Each State receiving Federal funds under 
        this Act shall have in effect a State law requiring local 
        educational agencies to expel from school for a period of not 
        less than one year a student who is determined--
                    ``(A) to be in possession of an illegal drug, or 
                illegal drug paraphernalia, on school property under 
                the jurisdiction of, or on a vehicle operated by an 
                employee or agent of, a local educational agency in 
                that State; or
                    ``(B) to have brought a weapon to a school under 
                the jurisdiction of a local educational agency in that 
                State,
        except that such State law shall allow the chief administering 
        officer of such local educational agency to modify such 
        expulsion requirement for a student on a case-by-case basis.
            ``(2) Construction.--Nothing in this title shall be 
        construed to prevent a State from allowing a local educational 
        agency that has expelled a student from such a student's 
        regular school setting from providing educational services to 
        such student in an alternative setting.
            ``(3) Definition.--For the purpose of this section, the 
        term `weapon' means a firearm as such term is defined in 
        section 921(a) of title 18, United States Code.
    ``(c) Special Rule.--The provisions of this section shall be 
construed in a manner consistent with the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.).
    ``(d) Report to State.--Each local educational agency requesting 
assistance from the State educational agency that is to be provided 
from funds made available to the State under this Act shall provide to 
the State, in the application requesting such assistance--
            ``(1) an assurance that such local educational agency is in 
        compliance with the State law required by subsection (b); and
            ``(2) a description of the circumstances surrounding any 
        expulsions imposed under the State law required by subsection 
        (b), including--
                    ``(A) the name of the school concerned;
                    ``(B) the number of students expelled from such 
                school; and
                    ``(C) the type of illegal drugs, illegal drug 
                paraphernalia, or weapons concerned.
    ``(e) Reporting.--Each State shall report the information described 
in subsection (d) to the Secretary on an annual basis.
    ``(f) Report to Congress.--Two years after the date of enactment of 
the Safe Schools Act of 1997, the Secretary shall report to Congress 
with respect to any State that is not in compliance with the 
requirements of this part.

``SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.

    ``(a) In General.--No funds shall be made available under this Act 
to any local educational agency unless such agency has a policy 
requiring referral to the criminal justice or juvenile delinquency 
system of any student who is in possession of an illegal drug, or 
illegal drug paraphernalia, on school property under the jurisdiction 
of, or on a vehicle operated by an employee or agent of, such agency, 
or who brings a firearm or weapon to a school served by such agency.
    ``(b) Definitions.--For the purpose of this section, the terms 
`firearm' and `school' have the same meaning given to such terms by 
section 921(a) of title 18, United States Code.

``SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.

    ``The Secretary shall--
            ``(1) widely disseminate the policy of the Department in 
        effect on the date of enactment of the Safe Schools Act of 1997 
        with respect to disciplining children with disabilities;
            ``(2) collect data on the incidence of children with 
        disabilities (as such term is defined in section 602(a)(1) of 
        the Individuals With Disabilities Education Act (20 U.S.C. 
        1401(a)(1))) possessing illegal drugs, or illegal drug 
        paraphernalia, on school property under the jurisdiction of, or 
        on a vehicle operated by an employee or agent of, a local 
        educational agency, engaging in life threatening behavior at 
        school, or bringing weapons to schools; and
            ``(3) submit a report to Congress not later than 1 year 
        after the date of enactment of the Safe Schools Act of 1997 
        analyzing the strengths and problems with the current 
        approaches regarding disciplining children with disabilities.

``SEC. 14604. DEFINITIONS.

    ``In this part:
            ``(1) Illegal drug.--
                    ``(A) In general.--The term `illegal drug' means a 
                controlled substance, as defined in section 102(6) of 
                the Controlled Substances Act (21 U.S.C. 802(6)), the 
                possession of which is unlawful under such Act (21 
                U.S.C. 801 et seq.) or the Controlled Substances Import 
                and Export Act (21 U.S.C. 951 et seq.).
                    ``(B) Exclusion.--The term `illegal drug' does not 
                mean a controlled substance used pursuant to a valid 
                prescription or as authorized by law.
            ``(2) Illegal drug paraphernalia.--The term `illegal drug 
        paraphernalia' means drug paraphernalia, as defined in section 
        422 of the Controlled Substances Act (21 U.S.C. 863), except 
        that the first sentence of section 422(d) of such Act shall be 
        applied by inserting `or under the Controlled Substances Import 
        and Export Act (21 U.S.C. 951 et seq.)' before the period.''.
    (b) Effective Date.--This Act and the amendments made by this Act 
take effect 6 months after the date of enactment of this Act.
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