[Congressional Record (Bound Edition), Volume 145 (1999), Part 18]
[Senate]
[Pages 25545-25546]
[From the U.S. Government Publishing Office, www.gpo.gov]



                            GUNS IN SCHOOLS

  Mr. GORTON. Mr. President, when is it okay for a gun to be at school? 
I find it hard to think of an instance when it is. In fact, a few years 
ago Congress was so concerned about guns at school that it passed a law 
that required school districts to implement a zero tolerance policy for 
guns or lose their Federal funding. Schools must expel a student who 
brings a gun to school for a year.
  Three weeks ago a young man at Lakeside High School, a public school 
of 520 students in the Nine Mile Falls School District in eastern 
Washington, brought a handgun to school. Thankfully, school authorities 
were notified quickly and nobody was hurt. Students and parents were 
understandably upset that such an incident would happen at all, and 
assumed that the situation would be dealt with in accordance with the 
district's ``zero-tolerance'' policy for such matters.
  What happened was very different. I began receiving calls from 
students and parents who were concerned that this young man will now be 
allowed back at school after just 45 days. They were both confused and 
upset when they found out that Federal law supersedes local policies 
for addressing such incidents. So upset, in fact, that students at 
Lakeside High School have begun organizing a walkout. I have a flyer 
that has been circulated by students promoting a planned walkout on 
October 18. The students plan to drive to the district office and 
protest the return of the student. I ask unanimous consent the 
students' flyer be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     _______________________

       Do we really want this kid with a gun coming back to our 
     school?!

                                 NO!!!

                          Let's stand for our

                                RIGHTS!

                                Join US

       On October 18, 1999, LHD Students Are Having A WALK OUT! 
     Between 1st and 2nd Block--Meet In The Student parking lot 
     and drive down to the district office.

                         WE HAVE A RIGHT, TOO!

     _______________________

  Like other school districts across the country, the students, parents 
and educators at Lakeside High School have just run head-first into the 
double standard inherent in the discipline

[[Page 25546]]

policies mandated by the federal Individuals With Disabilities 
Education Act, or IDEA. While the intent of this law is commendable--to 
ensure that disabled children are educated in a fair and equitable 
manner--in practice it has again shown its flaws. As I said when I was 
the only Senator to vote against the reauthorization of IDEA in 1997, 
the single aspect of this bill that is most questionable and unjust is 
the double standard it sets with respect to discipline in schools. Each 
and every school district retains nearly full and complete authority 
over disciplinary matters as they apply to students who are not in 
special education classes. They lose almost all of that authority under 
the present IDEA statute.
  Under the IDEA amendments of 1997, if a child brings a gun to school 
and a team of parents and educators decide it is not related to the 
child's disability, that student may be removed for up to a year. But, 
the district must continue to provide the child with a free appropriate 
public education.
  If the incident is determined to be caused by the child's disability, 
then the student may be moved from their regular classroom for no more 
than 45 days. Again, that child must receive not simply a free 
appropriate public education, but the school district must ensure that 
the student can continue to participate in the general curriculum, 
continue to receive services that allow the student to meet the goals 
set out in the child's individual education plan, and the school must 
provide services that address the misbehavior so that it does not 
recur.
  Although I've just given you a succinct description of federal law, 
Mr. Parker is still faced with a paradox. He is responsible for making 
sure school is a safe place for all children to learn. However, IDEA 
requires the school to implement different consequences for children 
who qualify for special education services for violations like bringing 
a gun to school, selling drugs or engaging with violent behavior. 
Children in special education can make up anywhere from 10-20 percent 
of a school district's enrollment, encompassing children with a broad 
range of disabilities.
  Instead of focusing on what's best for the children and staff at his 
school, including the student who brought the gun to school, he and 
other administrators in his district must focus on what they have to do 
to minimize the district's exposure to a lawsuit. It's an unfortunate 
fact that this provision of law is often fought out in the court room, 
driving desperately needed resources away from serving children.
  Mr. Parker and district officials have not yet made a final decision 
about what to do in this instance. However, Mr. Parker did make a point 
in an article published in the Spokane Spokesman Review yesterday. He 
said, ``We have to focus on the law, not the kid.'' He's right. As I 
mentioned earlier, students at Lakeside High School are planning to 
walk out of class on the 18th of October and hold a rally to bring 
attention to their concerns. I want to assure the students and parents 
that they have my attention, and a disruption of classes is 
unnecessary. Instead, I hope they channel that energy into writing 
letters to and meeting with their elected officials to make them aware 
of their concerns about the law.
   Mr. President, IDEA says that Members of Congress know more about 
how to educate students than do their teachers, their administrators, 
their school board members, people who have spent their lives and 
careers at this job. We do not know more. They know more. We should 
permit them to do their jobs.
  The PRESIDING OFFICER. The Senator from Alabama.

                          ____________________