[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 4574 Introduced in House (IH)] 103d CONGRESS 2d Session H. R. 4574 To amend part B of the Individuals with Disabilities Education Act to provide that the requirement regarding the continued educational placement of children with disabilities in public schools during the pendency of certain proceedings shall not apply with respect to disciplinary proceedings against those children for possession of firearms or other deadly weapons or assault with deadly weapons. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 13, 1994 Mr. Stearns (for himself, Mr. Klug, Mr. Canady, Mr. Lewis of Florida, and Mrs. Fowler) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To amend part B of the Individuals with Disabilities Education Act to provide that the requirement regarding the continued educational placement of children with disabilities in public schools during the pendency of certain proceedings shall not apply with respect to disciplinary proceedings against those children for possession of firearms or other deadly weapons or assault with deadly weapons. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INAPPLICABILITY OF REQUIREMENT REGARDING CONTINUED EDUCATIONAL PLACEMENT OF CHILDREN WITH DISABILITIES DURING DISCIPLINARY PROCEEDINGS FOR POSSESSION OF FIREARMS OR OTHER DEADLY WEAPONS OR ASSAULT WITH DEADLY WEAPONS. (a) In General.--Paragraph (3) of section 615(e) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(e)(3)) is amended-- (1) by inserting ``(A)'' after the paragraph designation; (2) in subparagraph (A) (as so redesignated), by striking ``During'' and inserting ``Except as provided in subparagraph (B), during''; and (3) by adding at the end the following new subparagraph: ``(B)(i) The requirement contained in subparagraph (A) regarding the maintenance of a child with a disability in the current educational placement of such child shall not apply with respect to a disciplinary proceeding against such child for possession of a firearm or other deadly weapon or assault with a deadly weapon. ``(ii) For purposes of this subparagraph, the terms `deadly weapon' and `assault with a deadly weapon' shall have the meanings given such terms by the State educational agency, or at the option of the State educational agency, the local educational agency, except that the term `assault with a deadly weapon' shall include assaults with items not generally considered to be deadly weapons if such items are used in a manner which is intended to cause potentially life-threatening injuries.''. (b) Effective Date.--The amendments made by subsection (a) apply with respect to a disciplinary proceeding commenced on or after the date of the enactment of this Act. <all>