article: SECTION 1. SHORT TITLE. This Act may be cited as the ``School Security Improvement Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) independent studies have shown that the safety and discipline of students in public school systems are ranked as the top 2 concerns of the public with respect to matters relating to the administration of public school systems; (2) administrators of public school systems must be given the resources necessary to ensure that the students and the personnel of such systems are provided educational and working environments that are safe and orderly; and (3) if the misconduct of a student who is a child with a disability is not a manifestation of a disability of the student, the student should be subject to the same disciplinary measures that are provided in the rules or code of conduct of an educational entity for a student who is a child without a disability, including a disciplinary measure such as a cessation of educational services. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to permit educational entities to use fair disciplinary measures against all students, including children with disabilities; and (2) to require educational entities-- (A) to include in the educational record of a student who is a child with a disability or a student who is a child without a disability a statement of disciplinary measures taken against the student; and (B) to transmit the statement with the educational record of the student to other educational entities if the student transfers from an elementary school or secondary school (as the terms are defined in section 602(c)) to another such school. SEC. 4. DISCIPLINE OF STUDENTS WHO ARE CHILDREN WITH DISABILITIES. (a) Maintenance of Disciplinary Records.--Section 612 of the Individuals with Disabilities Education Act (20 U.S.C. 1412) is amended by adding at the end the following: ``(8) The State has in effect a State law that requires State educational agencies, local educational agencies, and intermediate educational units-- ``(A) to include in the educational record of a child with a disability or a child without a disability a statement of any disciplinary measure taken against the child that results in an out-of-school suspension of more than 10 days or an expulsion from school; and ``(B) in a case in which the child with a disability or the child without a disability is transferred from an elementary school or secondary school (as the terms are defined in section 602(c), or section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), whichever are applicable) to another such school (in the State or in another State), to transmit the statement with the educational record to other educational entities involved with such a transfer. The statement described in subparagraph (A) for a child with a disability or a child without a disability may include a description of any behavior engaged in by the child that required a disciplinary measure, a description of the disciplinary measure taken against the child, and any other information that is relevant to the safety of the child and the individuals involved with the child.''. (b) Disciplinary Measures.-- (1) Use of disciplinary measures when the behavior of a child is not a manifestation of the disability of the child.-- Part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) is amended by inserting after section 615 the following: ``SEC. 615A. USE OF DISCIPLINARY MEASURES WHEN THE BEHAVIOR OF A CHILD IS NOT A MANIFESTATION OF THE DISABILITY OF THE CHILD. ``(a) In General.--A State educational agency, a local educational agency, or an intermediate educational unit may use a long-term disciplinary measure to address the behavior of a child with a disability that is a violation of the rules or code of conduct of such an educational entity, if-- ``(1) the behavior was not a manifestation of the disability of the child; and ``(2) the long-term disciplinary measure applies to the child with a disability to the same extent the long-term disciplinary measure applies to a child without a disability who engages in the same behavior. ``(b) Provision of Educational Services.--In the case of a child with a disability who engages in behavior that violates the rules or code of conduct of an educational entity described in subsection (a), the child shall continue to receive educational services in accordance with this Act, unless-- ``(1) the behavior of the child was not a manifestation of the disability of the child; and ``(2) the policy of the educational entity is to cease educational services to any child determined to be engaged in such behavior. ``(c) Construction.--Nothing in this section shall be construed to limit the rights provided for children with disabilities under section 615. ``(d) Definition.--In this section, the term `long-term disciplinary measure' means a disciplinary action that is carried out by an educational entity described in subsection (a) for a period of more than 10 school days.''. (2) Alternative Educational Placement for Threatening Behavior.--Section 615(e)(3)(B)(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(e)(3)(B)(i)) is amended by striking ``jurisdiction of such agency,'' and inserting ``jurisdiction of such agency or is determined by a hearing officer to have been engaged in behavior in such school that posed a threat to the safety of individuals involved with the child,''. (c) Definitions.--Section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401) is amended by adding at the end the following: ``(c) In sections 612(8) and 615A, the term `child without a disability' means an individual-- ``(1) who is enrolled in an elementary school or secondary school (as the terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); and ``(2) who is not a child with a disability.''. SEC. 5. SENSE OF THE SENATE. (a) Findings.--Congress finds that-- (1) when Congress enacted the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), Congress made a commitment to provide funding for the State grant program under the Act at a level of 40 percent of the national average per- pupil expenditure; and (2) since the enactment of such Act, Congress has only funded the State grant program at 7 percent of the national average per-pupil expenditure. (b) Sense of the Senate.--It is the sense of the Senate that Congress should follow through on its original funding commitment and provide funding for the State grant program under the Individuals with Disabilities Education Act at the level of 40 percent of the national average per-pupil expenditure.
summary: School Security Improvement Act of 1997 - Amends the Individuals with Disabilities Education Act (IDEA) to require educational entities to include, in the educational records of students who are children with disabilities and students who are children without disabilities, documentation with regard to disciplinary measures taken against them. Permits the use of long-term disciplinary measures against students who are children with disabilities. Requires continuing provision of educational services to children with disabilities who engage in behavior that violates an educational entity's rules or code of conduct, unless such behavior is not a manifestation of their disabilities, and it is the entity's policy to cease educational services to any child engaged in such behavior. Expresses the sense of the Senate that the Congress should follow through on its original commitment and provide funding for the IDEA State grant program at the level of 40 percent of the national average per-pupil expenditure.