text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Classroom Safety Act of 2000''.
  
  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),''.
target: 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.
feat_title: Classroom Safety Act of 2000