[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 44 Placed on Calendar Senate (PCS)]






                                                         Calendar No. 5
106th CONGRESS
  1st Session
                                 S. 44

     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, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

 Mr. Helms introduced the following bill; which was read the first time

                            January 20, 1999

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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, and for other purposes.

    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 1999'.
    ``(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 1 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 firearm to a school under 
                the jurisdiction of a local educational agency in that 
                State,
        except that the State law shall allow the chief administering 
        officer of the local educational agency to modify the 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 the student's regular 
        school setting from providing educational services to the 
        student in an alternative setting.
    ``(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) Application.--Each local educational agency requesting 
assistance from a 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 assistance--
            ``(1) an assurance that the 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 the 
                school; and
                    ``(C) the type of illegal drugs, illegal drug 
                paraphernalia, or firearms concerned.
    ``(e) Report to Secretary.--Each State shall report the information 
described in subsection (d) to the Secretary on an annual basis.
    ``(f) Report to Congress.--Not later than two years after the date 
of enactment of the Safe Schools Act of 1999, 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 the 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, the agency, or 
who brings a firearm to a school under the jurisdiction of the agency.
    ``(b) Definitions.--For the purpose of this section, the term 
`school' has the meaning given the term in 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 
        1999, with respect to disciplining children with disabilities;
            ``(2) collect data on the incidence of children with 
        disabilities (as the term is defined in section 602 of the 
        Individuals With Disabilities Education Act (20 U.S.C. 1401)) 
        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 firearms to schools; and
            ``(3) not later than 1 year after the date of enactment of 
        the Safe Schools Act of 1999, prepare and submit to Congress a 
        report analyzing the strengths and problems with the approaches 
        regarding disciplining children with disabilities.

``SEC. 14604. DEFINITIONS.

    ``In this part:
            ``(1) Firearm.--The term `firearm' has the meaning given 
        the term in section 921(a) of title 18, United States Code.
            ``(2) 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 the 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.
            ``(3) Illegal drug paraphernalia.--The term `illegal drug 
        paraphernalia' means drug paraphernalia, as defined in section 
        422(d) of the Controlled Substances Act (21 U.S.C. 863(d)), 
        except that the first sentence of section 422(d) of the 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.
                                     





                                                         Calendar No. 5

106th CONGRESS

  1st Session

                                 S. 44

_______________________________________________________________________

                                 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, and for other purposes.

_______________________________________________________________________

                            January 20, 1999

            Read the second time and placed on the calendar