[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 863 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 863

  To amend the Individuals with Disabilities Education Act to provide 
 increased authority for school personnel to discipline children with 
         disabilities who engage in certain dangerous behavior.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2003

  Mr. Vitter 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 
 increased authority for school personnel to discipline children with 
         disabilities who engage in certain dangerous behavior.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Classroom Safety Act of 2003''.

SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

    (a) Placement in Alternative Educational Setting.--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) Discipline with regard to weapons.--
                    ``(A) Authority of school personnel.--
                Notwithstanding any other provision of this Act, school 
                personnel may discipline (including expel or suspend) a 
                child with a disability who--
                            ``(i) carries or possesses a weapon to or 
                        at a school, on school premises, or to or at a 
                        school function, under the jurisdiction of a 
                        State or a local educational agency, or
                            ``(ii) possesses or uses illegal drugs, or 
                        sells or solicits the sale of a controlled 
                        substance while at a school, on school 
                        premises, or to or at a school function, under 
                        the jurisdiction of a State or a local 
                        educational agency,
                in the same manner in which such personnel may 
                discipline a child without a disability. Such personnel 
                may modify the disciplinary action on a case-by-case 
                basis.
                    ``(B) Rule of construction.--Nothing in 
                subparagraph (A) shall be construed to prevent a child 
                with a disability who is disciplined pursuant to the 
                authority provided under subparagraph (A) from 
                asserting a defense that the carrying or possession of 
                the weapon, or the possession of an illegal drug or 
                sale or solicitation of the sale of a controlled 
                substance, was unintentional or innocent.
                    ``(C) Free appropriate public education.--
                            ``(i) Ceasing to provide education.--
                        Notwithstanding section 612(a)(1)(A), a child 
                        expelled or suspended under subparagraph (A) 
                        shall not be entitled to continue educational 
                        services, including a free appropriate public 
                        education, under this title, during the term of 
                        such expulsion or suspension, if the State in 
                        which the local educational agency responsible 
                        for providing educational services to such 
                        child does not require a child without a 
                        disability to receive educational services 
                        after being expelled or suspended.
                            ``(ii) Providing education.--
                        Notwithstanding clause (i), the local 
                        educational agency responsible for providing 
                        educational services to a child with a 
                        disability who is expelled or suspended under 
                        subparagraph (A) may choose to continue to 
                        provide educational services to such child. If 
                        the local educational agency so chooses to 
                        continue to provide the services--
                                    ``(I) nothing in this title shall 
                                require the local educational agency to 
                                provide such child with a free 
                                appropriate public education, or any 
                                particular level of service; and
                                    ``(II) the location where the local 
                                educational agency provides the 
                                services shall be left to the 
                                discretion of the local educational 
                                agency.
                    ``(D) Relationship to other requirements.--
                            ``(i) Plan requirements.--No agency shall 
                        be considered to be in violation of section 612 
                        or 613 because the agency has provided 
                        discipline, services, or assistance in 
                        accordance with this paragraph.
                            ``(ii) Procedure.--Actions taken pursuant 
                        to this paragraph shall not be subject to the 
                        provisions of this section, other than this 
                        paragraph.''.
    (b) Conforming Amendments.--(1) Section 615(f)(1) of the 
Individuals with Disabilities Education Act (20 U.S.C. 1415(f)(1)) is 
amended by striking ``Whenever'' and inserting the following: ``Except 
as provided in section 615(k)(10), whenever''.
    (2) Section 615(k)(1)(A)(ii) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1415(k)(1)(A)(ii)) is amended in the matter 
preceding subclause (I) by inserting before ``to an appropriate interim 
educational setting'' the following: ``except as provided in paragraph 
(10),''.
                                 <all>