[Congressional Record (Bound Edition), Volume 147 (2001), Part 8]
[Senate]
[Pages 10673-10674]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 800. Mr. SCHUMER (for himself and Mrs. Boxer) proposed an 
amendment to amendment No. 358 submitted by Mr. Jeffords and intended 
to be proposed to the bill (S. 1) to extend programs and activities 
under the Elementary and Secondary Education Act of 1965; as follows:

       At the appropriate place insert the following:

     SEC. 902. SENSE OF THE SENATE ON APPROPRIATION OF ALL FUNDS 
                   AUTHORIZED FOR ELEMENTARY AND SECONDARY 
                   EDUCATION.

       (a) Findings.--The Senate finds that--
       (1) President George W. Bush has said that bipartisan 
     education reform will be the cornerstone of his 
     administration and that no child should be left behind;
       (2) the Bush administration has said that too many of the 
     neediest students of our Nation are being left behind and 
     that the Federal Government can, and must, help close the 
     achievement gap between disadvantaged students and their 
     peers;
       (3) more of the children of our Nation are enrolled in 
     public school today than at any time since 1971;
       (4) math and science skills are increasingly important as 
     the global economy transforms into a high tech economy;
       (5) last year's Glenn Commission concluded that the most 
     consistent and powerful predictors of student achievement in 
     math and science are whether the student's teacher had full 
     teaching certification and a college major in the field being 
     taught; and
       (6) Congress increased appropriations for elementary and 
     secondary education by 20 percent in fiscal year 2001.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress should appropriate all funds authorized for 
     elementary and secondary education in fiscal year 2002.
                                  ____

  SA 801. Mr. DOMENICI submitted an amendment intended to be proposed 
to amendment No. 358 submitted by Mr. Jeffords and intended to be 
proposed to the bill (S. 1) to extend programs and activities under the 
Elementary and Secondary Education Act of 1965; as follows:

       At the end, add the following:

     SEC.  . SENSE OF THE SENATE ON EDUCATION FUNDING CONSISTENT 
                   WITH THE PRESIDENT'S BUDGET AND THE 
                   CONGRESSIONALLY PASSED BUDGET RESOLUTION.

       (a) Findings.--The Senate finds that--
       (1) President George W. Bush has said that bipartisan 
     education reform will be the cornerstone of his 
     administration, and that no child should be left behind;
       (2) The Bush Administration has said that too many of the 
     neediest students of our nation are being left behind and 
     that the Federal Government can, and must, help close the 
     achievement gap between disadvantaged students and their 
     peers;
       (3) Congress should devote to high-priority education 
     programs, such as Title I, a substantial portion of the $6.2 
     billion reserved for domestic discretionary programs in the 
     budget resolution;
       (4) The budget resolution assumes substantially increased 
     funding for high priority education programs, including:
       (a) $11.0 billion for Title I, Education for the 
     Disadvantaged, including $9.1 billion for grants to local 
     educational agencies and $975 million for new Reading First 
     programs;
       (b) $8.7 billion for programs under the Individuals with 
     Disabilities Education Act, including $7.6 billion for part B 
     grants to states, a 20 percent increase over last year;
       (c) $2.6 billion for teacher quality programs, a 17 percent 
     increase over last year; and
       (d) $1.1 billion for Impact Aid, a 14 percent increase over 
     last year;
       (5) Spending restraint is necessary to ensure debt 
     reduction and protection of Social Security; and
       (6) Congress should pass all 13 appropriations bills 
     consistent with the spending limits and restraints in the 
     concurrent resolution on the budget for fiscal year 2002.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that:
       (1) the appropriations committees should fulfill the 
     authorized spending levels in this bill to the extent that it 
     is consistent with the parameters of the budget resolution; 
     and
       (2) these spending increases will be ineffective unless 
     they are coupled with a strong, bipartisan education reform 
     plan in accord with the basic principles put forward by the 
     President.
                                  ____

  SA 802. Mr. HARKIN (for Mr. Kennedy (for himself and Mr. Harkin)) 
proposed an amendment to amendment No. 358 submitted by Mr. Jeffords 
and intended to be proposed to the bill (S. 1) to extend programs and 
activities under the Elementary and Secondary Education Act of 1965; as 
follows:

       At the appropriate place insert the following:

                TITLE __--INDIVIDUALS WITH DISABILITIES

     SEC. __01. DISCIPLINE.

       Section 615 of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1415) is amended by adding at the end the 
     following:
       ``(n) Uniform Policies.--
       ``(1) In general.--Subject to paragraph (2), and 
     notwithstanding any other provision of this Act, a State 
     educational agency or local educational agency may establish 
     and implement uniform policies regarding discipline 
     applicable to all children under the jurisdiction of the 
     agency to ensure the safety of such children and an 
     appropriate educational atmosphere in the schools under the 
     jurisdiction of the agency.

[[Page 10674]]

       ``(2) Limitation.--
       ``(A) In general.--A child with a disability who is removed 
     from the child's regular educational placement under 
     paragraph (1) shall receive a free appropriate public 
     education which may be provided in an alternative educational 
     setting pursuant to Sec. 615K, if the behavior that led to 
     the child's removal is a manifestation of the child's 
     disability, as determined under subparagraphs (B) and (C) of 
     subsection (k)(4).
       ``(B) Manifestation determination.--The manifestation 
     determination shall be made immediately, if possible, but in 
     no case later than 10 school days after school personnel 
     decide to remove the child with a disability from the child's 
     regular educational placement.
       ``(C) Determination that behavior was not manifestation of 
     disability.--If the result of the manifestation review is a 
     determination that the behavior of the child with a 
     disability was not a manifestation of the child's disability, 
     appropriate school personnel may apply to the child the same 
     relevant disciplinary procedures as would apply to children 
     without a disability.'', except as provided in 612(a)(1).

     SEC. __02. PROCEDURAL SAFEGUARDS.

       Section 615 of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1415) (as amended by section __01) is amended 
     by adding at the end the following:
       ``(o) Discipline Determinations by Local Authority.--
       ``(1) Individual determinations.--In carrying out any 
     disciplinary policy described in subsection (n)(1), school 
     personnel shall have discretion to consider all germane 
     factors in each individual case and modify any disciplinary 
     action on a case-by-case basis.
       ``(2) Defense.--Nothing in subsection (n) precludes a child 
     with a disability who is disciplined under such subsection 
     from asserting a defense that the alleged act was 
     unintentional or innocent.
       ``(3) Limitation.--
       ``(A) Review of manifestation determination.--If the 
     parents or the local educational agency disagree with a 
     manifestation determination under subsection (n)(2), the 
     parents or the agency may request a review of that 
     determination through the procedures described in subsections 
     (f) through (i).
       ``(B) Placement during review.--During the course of any 
     review proceedings under subparagraph (A), the child shall 
     receive a free appropriate public education which may be 
     provided in an alternative educational placement.''.

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