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.

February 13, 2003

Mr. VITTER introduced the following bill; which was referred to the Committee on Education and the Workforce

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),'.

END