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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Classroom Safety Act of 2001''.

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),''.
Classroom Safety Act of 2001 - Amends the Individuals with Disabilities Education Act (IDEA) to authorize school personnel to discipline (including expel or suspend), in the same manner in which such personnel may discipline a child without a disability, any child with a disability who commits specified school-related weapon or drug offenses. (Thus provides an exception to current IDEA procedural safeguards that require placement in an alternative educational setting.)Authorizes such personnel to modify the disciplinary action on a case-by-case basis. Permits assertion of a defense that the offense was committed unintentionally or innocently.Allows the local educational agency (LEA) responsible for providing educational services to a child with a disability who is expelled or suspended under this Act to choose to continue to provide educational services to such child; but specifies that an LEA that so chooses to continue to provide services: (1) is not required by IDEA to provide such child with a free appropriate public education, or any particular level of service; and (2) has discretion as to the location where it provides the services.