< Back to H.R. 4395 (103rd Congress, 1993–1994)

Text of the To amend the Individuals with Disabilities Education Act to provide that the requirement regarding the continued educational placement of children ...

...placement of children with disabilities in public schools during the pendency of certain proceedings shall not

This bill was introduced on May 11, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 11, 1994 (Introduced).

Source: GPO

HR 4395 IH

103d CONGRESS

2d Session

H. R. 4395

To 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.

IN THE HOUSE OF REPRESENTATIVES

May 11, 1994

Ms. SCHENK introduced the following bill; which was referred to the Committee on Education and Labor


A BILL

To 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.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. NONAPPLICABILITY OF REQUIREMENT REGARDING CONTINUED EDUCATIONAL PLACEMENT OF CHILDREN WITH DISABILITIES DURING DISCIPLINARY PROCEEDINGS FOR POSSESSION OF FIREARMS.

    (a) IN GENERAL- Section 615(e)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(e)(3)) is amended--

      (1) by striking ‘(3) During the pendency’ and inserting ‘(3)(A) Except as provided in subparagraph (B), during the pendency’; and

      (2) by adding at the end the following new subparagraphs:

    ‘(B) 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.

    ‘(C) Nothing in this section shall be construed to relieve a State or local educational agency of an obligation under the Act to provide an education to individuals with disabilities.’.

    (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.