[Congressional Record Volume 145, Number 48 (Thursday, March 25, 1999)]
[Extensions of Remarks]
[Page E581]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


             AMENDING THE INDIVIDUALS WITH DISABILITIES ACT

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                             HON. BOB BARR

                               of georgia

                    in the house of representatives

                        Thursday, March 25, 1999

  Mr. BARR of Georgia. Mr. Speaker, I would like to announce the 
introduction of legislation which would amend the Individuals With 
Disabilities Education Act (IDEA) to provide more flexibility for 
schools, and would require the expulsion and termination of education 
services, if a student with a disability carries a weapon to school or 
to a school function, and it is determined the behavior in question of 
the child was not due to his or her disability.
  When a student brings a weapon into school, it places every 
individual's life in danger. Such a potentially dangerous action cannot 
be tolerated or accepted; regardless of whether the student has a 
disability. The protection of students and faculty must be a priority. 
We must establish a zero tolerance for weapons in schools, and not 
allow federal regulations to tie the hands of school disciplinarians. 
IDEA strongly restricts school administrators and educators in the area 
of discipline.
  Recently, in Cobb County, Georgia, two seventh-graders were expelled 
by the local school board for bringing a handgun to school. Insofar as 
these boys have disabilities they may very well be sent to a private 
school at taxpayer expense, in accordance with IDEA. Under the 
provisions of IDEA, if a student brings a weapon to school and is 
expelled, then the school board is responsible for providing 
alternative education services. For Cobb County taxpayers, the cost of 
educating a student outside the regular classroom can range between 
$5,000 and $41,000 a year, depending on the level of special services 
required.
  Ninety-five percent of students in special education who are 
suspended or expelled for displaying violent or aggressive behavior are 
not disciplined. Taxpayers should not be held responsible for these 
children with disabilities who carry weapons into schools or school 
functions. This also bill reduces the amazing amount of paperwork 
administrators must deal with under IDEA, and it would provide for more 
flexibility for schools in the disciplinary process.
  While I support and voted in favor of the Individuals with 
Disabilities Education Improvement Act, H.R. 5, in 1997, I do not 
support condoning behavior by a student that places the students and 
faculty members at risk. If it is determined a disabled student's 
disability was not a contributing factor, that student should be held 
accountable for his or her actions.

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