[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1295 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1295

To amend the Individuals with Disabilities Education Act to provide for 
the expulsion from school and termination of educational services with 
respect to a child with a disability who carries a weapon to school or 
                         to a school function.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 1999

 Mr. Barr of Georgia introduced the following bill; which was referred 
            to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Individuals with Disabilities Education Act to provide for 
the expulsion from school and termination of educational services with 
respect to a child with a disability who carries a weapon to school or 
                         to a school function.

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

SECTION 1. EXPULSION FROM SCHOOL AND TERMINATION OF EDUCATIONAL 
              SERVICES FOR A CHILD WITH A DISABILITY WHO CARRIES A 
              WEAPON TO SCHOOL.

    (a) In General.--Section 615(k) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1415(k)) is amended--
            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following:
            ``(10) Expulsion and termination of educational services 
        with respect possession of weapons.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this Act, school personnel under this 
                section shall order the expulsion from school and 
                termination of educational services with respect to a 
                child with a disability who carries a weapon to school 
                or to a school function under the jurisdiction of a 
                State or a local educational agency.
                    ``(B) Rule of construction.--Except to the extent 
                inconsistent with the purpose of subparagraph (A), a 
                child with a disability described in subparagraph (A) 
                shall be afforded the same procedural protections, if 
                any, that would be applied to a child without a 
                disability who carries a weapon to school or to a 
                school function under the jurisdiction of a State or a 
                local educational agency.''.
    (b) Conforming Amendment.--Section 612(a)(1)(A) of the Individuals 
with Disabilities Education Act (20 U.S.C. 1412(a)(1)(A)) is amended by 
adding at the end before the period the following: ``(except as 
provided in section 615(k)(10) of this Act)''.
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