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PAG LIN
1 1 Section 1. NEW SECTION. 280.21B EXPULSION &endash; WEAPONS IN
1 2 SCHOOL.
1 3 The board of directors of a school district and the
1 4 authorities in charge of a nonpublic school shall expel from
1 5 school for a period of not less than one year a student who is
1 6 determined to have brought a weapon to a school under the
1 7 jurisdiction of the board or the authorities. However, the
1 8 superintendent or chief administering officer of a school or
1 9 school district may modify expulsion requirements on a case-
1 10 by-case basis. This section shall not be construed to prevent
1 11 the board of directors of a school district or the authorities
1 12 in charge of a nonpublic school that have expelled a student
1 13 from the student's regular school setting from providing
1 14 educational services to the student in an alternative setting.
1 15 If both this section and section 282.4 apply, this section
1 16 takes precedence over section 282.4. For purposes of this
1 17 section, "weapon" means a firearm as defined in 18 U.S.C. }
1 18 921. This section shall be construed in a manner consistent
1 19 with the federal Individuals with Disabilities Education Act,
1 20 20 U.S.C. } 1400 et seq.
1 21 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
1 22 immediate importance, takes effect upon enactment.
1 23 EXPLANATION
1 24 This bill conforms Iowa law to federal law regarding the
1 25 expulsion of students who bring weapons to school. The
1 26 federal Gun-Free Schools Act of 1994 requires states receiving
1 27 federal funds under the Act to have in effect a law requiring
1 28 local educational agencies to expel from school for a period
1 29 of not less than one year a student who brings a weapon, as
1 30 defined in federal law, to school. The bill does not prevent
1 31 a school board or the authorities in charge of a nonpublic
1 32 school from providing educational services to the expelled
1 33 student in an alternative setting.
1 34 BACKGROUND STATEMENT
1 35 SUBMITTED BY THE AGENCY
2 1 The federal Improving America's Schools Act of 1994 which
2 2 reauthorizes the federal Elementary and Secondary Education
2 3 Act for the next five years requires that states, as a
2 4 condition of receiving federal funds under this Act, must have
2 5 in effect a state law requiring local education agencies to
2 6 expel for at least one year a student who brings a weapon to
2 7 school. Some exceptions are allowed on a local basis. This
2 8 bill would fulfill this requirement. The state of Iowa
2 9 receives $52,895,610 under current provisions of the federal
2 10 Elementary and Secondary Education Act.
2 11 LSB 1164DP 76
2 12 kh/jj/8
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