A bill to encourage drug-free and safe schools.

Summary: Safe Schools Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require a local educational agency (LEA) that receives ESEA funds to expel a student determined to be in possession of an illegal drug or illegal drug paraphernalia on school property or in a vehicle operated by an LEA employee or agent.Renames as the Safe Schools Act of 2001 ESEA provisions currently known as the Gun-Free Schools Act of 1994.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Schools Act of 2001''.

SEC. 2. SAFE SCHOOLS.

    (a) Amendments to the Gun-Free Schools Act of 1994.--Part F of 
title XIV of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 8921 et seq.) is amended--
            (1) in section 14601 (20 U.S.C. 8921)--
                    (A) in subsection (a)--
                            (i) by striking ``Gun-Free'' and inserting 
                        ``Safe''; and
                            (ii) by striking ``1994'' and inserting 
                        ``2001'';
                    (B) in subsection (b)(1), by inserting after 
                ``determined'' the following: ``to be in possession of 
                felonious quantities of an illegal drug, on school 
                property under the jurisdiction of, or in a vehicle 
                operated by an employee or agent of, a local 
                educational agency in that State, or''; and
                    (C) in subsection (b)(4)--
                            (i) by striking ``Definitions.--For the 
                        purpose of this section, the'' and inserting 
                        the following: ``Definitions.--For purposes of 
                        this section:
            ``(1) Weapon.--The''; and
                            (ii) by adding at the end the following:
            ``(2) Illegal drug.--The term `illegal drug' means a 
        controlled substance, as defined in section 102(6) of the 
        Controlled Substances Act (21 U.S.C. 802(6)), the possession of 
        which is unlawful under such Act (21 U.S.C. 801 et seq.) or 
        under the Controlled Substances Import and Export Act (21 
        U.S.C. 951 et seq.), but does not include a controlled 
        substance used pursuant to a valid prescription or as 
        authorized by law.
            ``(3) Illegal drug paraphernalia.--The term `illegal drug 
        paraphernalia' means drug paraphernalia, as defined in section 
        422(d) of the Controlled Substances Act (21 U.S.C. 863(d)), 
        except that the first sentence of that section shall be applied 
        by inserting `or under the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.)' before the period.
            ``(4) Felonious quantities of an illegal drug.--The term 
        `felonious quantities of an illegal drug' means any quantity of 
        an illegal drug--
                    ``(A) possession of which (quantity) would, under 
                Federal, State, or local law, either constitute a 
                felony or indicate an intent to distribute; or
                    ``(B) that is possessed with an intent to 
                distribute.'';
                    (D) in subsection (d)(2)(C), by inserting ``illegal 
                drugs or'' before ``weapons''; and
                    (E) by striking subsection (f);
            (2) in section 14602(a) (20 U.S.C. 8922(a))--
                    (A) by inserting after ``who'' the following: ``is 
                in possession of an illegal drug, or illegal drug 
                paraphernalia, on school property under the 
                jurisdiction of, or in a vehicle operated by an 
                employee or agent of, such agency, or who''; and
                    (B) by striking ``served by'' and inserting ``under 
                the jurisdiction of''; and
            (3) in section 14603 (20 U.S.C. 8923)--
                    (A) in paragraph (1)--
                            (i) by striking ``policy of the Department 
                        in effect on the date of enactment of the 
                        Improving America's Schools Act of 1994'' and 
                        inserting ``policy in effect on the date of 
                        enactment of the Safe Schools Act of 2001''; 
                        and
                            (ii) by adding ``and'' at the end;
                    (B) in paragraph (2)--
                            (i) by striking ``engaging'' and inserting 
                        ``possessing illegal drugs, or illegal drug 
                        paraphernalia, on school property, or in 
                        vehicles operated by employees or agents of, 
                        schools or local educational agencies, or 
                        engaging''; and
                            (ii) by striking ``; and'' and inserting a 
                        period; and
                    (C) by striking paragraph (3).
    (b) Compliance Date; Reporting.--
            (1) Compliance date.--A State shall have 2 years from the 
        date of enactment of this Act to comply with the requirements 
        established under the amendments made by subsection (a).
            (2) Reports.--
                    (A) On approaches for discipline.--Not later than 2 
                years after the date of enactment of this Act, the 
                Secretary of Education shall submit to Congress a 
                report analyzing the strengths and weaknesses of 
                approaches regarding the disciplining of children with 
                disabilities.
                    (B) On compliance.--Not later than 3 years after 
                the date of enactment of this Act, the Secretary of 
                Education shall submit to Congress a report on any 
                State that is not in compliance with the requirements 
                of this part.