Home > 105th Congressional Bills > H.R. 864 (ih) To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the birth of Marian Anderson, to redesign the half dollar circulating coin for 1997 to commemorate Marian Anderson, and for other purposes. %%Filena...H.R. 864 (ih) To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the birth of Marian Anderson, to redesign the half dollar circulating coin for 1997 to commemorate Marian Anderson, and for other purposes. %%Filena...
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),''.
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