I
107TH CONGRESS
1ST SESSION
H. R. 651
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 14, 2001
Mr. GRAVES 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Safe Classrooms Act
of 2001’’.
SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABIL-
ITIES EDUCATION ACT.
(a) PLACEMENT
IN ALTERNATIVE EDUCATIONAL
SETTING.—Section 615(k) of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1415(k)) is amended—
(1) by redesignating paragraph (10) as para-
graph (11); and
(2) by inserting after paragraph (9) the fol-
lowing:
‘‘(10) DISCIPLINE WITH REGARD TO CERTAIN
DANGEROUS BEHAVIOR.—
‘‘(A) 
AUTHORITY
OF
SCHOOL
PER-
SONNEL.—Notwithstanding any other provision
of this Act, school personnel may discipline (in-
cluding expel or suspend) a child with a dis-
ability 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,
‘‘(ii) knowingly possesses or uses ille-
gal drugs or sells or solicits the sale of a
controlled substance 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
‘‘(iii) commits an aggravated assault
or battery (as defined under State or local
law) at a school, on school premises, 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, con-
sistent with State and local law. 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 pre-
vent a child with a disability who is disciplined
pursuant to the authority provided under clause
(i) or (ii) of subparagraph (A) from asserting a
defense that the carrying or possession of the
weapon, or that the possession or use of the il-
legal drugs (or sale or solicitation of the con-
trolled substance), as the case may be, was un-
intentional or innocent.
‘‘(C) FREE
APPROPRIATE
PUBLIC
EDU-
CATION.—
‘‘(i) CEASING
TO
PROVIDE
EDU-
CATION.—Notwithstanding any other pro-
vision of Federal law, a child expelled or
suspended under subparagraph (A) shall
not be entitled to continue educational
services, including a free appropriate pub-
lic education, required under Federal law
during the term of such expulsion or sus-
pension, if the State in which the local
educational agency responsible for pro-
viding educational services to such child
does not require a child without a dis-
ability to receive educational services after
being expelled or suspended.
‘‘(ii) PROVIDING
EDUCATION.—Not-
withstanding clause (i), the local edu-
cational agency responsible for providing
educational services to a child with a dis-
ability who is expelled or suspended under
subparagraph (A) may choose to continue
to provide educational services or mental
health services to such child. If the local
educational agency so chooses to continue
to provide the services—
‘‘(I) nothing in any other provi-
sion of law shall require the local edu-
cational agency to provide such child
with any particular level of service;
and
‘‘(II) the location where the local
educational agency provides the serv-
ices shall be left to the discretion of
the local educational agency.
‘‘(D) RELATIONSHIP TO OTHER REQUIRE-
MENTS.—
‘‘(i) PLAN REQUIREMENTS.—No agen-
cy 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 pro-
vided 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 in-