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Ashcroft Provision to Bar Weapons From Schools Passed by Full Congress

Senator’s Anti-Violence Amendment Passes as Part of ‘Ed-Flex’ WASHINGTON – Legislation to strengthen community schools is a big step toward offering a world class education to every child, according to U.S. Senator John Ashcroft. A leading supporter of the Education Flexibility Partnership Act, Ashcroft also is the author of a provision that strengthens federal law to bar firearms from school grounds.

The education bill, with Ashcroft’s school safety provision, received final approval today from the Senate and House of Representatives and now is headed for the President’s desk. The Ashcroft provision on school safety gives to schools more authority to deal with students who possess weapons on school property.

Ashcroft said: “When federal law keeps teachers from getting teen-agers with weapons out of our schools, we have a mass tragedy waiting to happen. My provision changes the law and helps protect kids from gun violence at school.” In his remarks, Ashcroft expressed deep sadness at the tragic high school shooting in Littleton, Colorado on Tuesday.

The Ashcroft-authored provision, approved by the Senate on a 78-21 vote, strengthens federal law on discipline procedures for students covered by federal disability law. The new provision allows a school to place a child with a disability in an interim alternative educational setting (outside the regular classroom) if the child carries a weapon or possesses a weapon at school, on school grounds, or at a school function. This action closes a loophole in the Individuals with Disabilities Education Act (IDEA) law; at present, the law permits disciplinary action if the child carries a weapon to school. Current law does not cover possession on school premises.

“There is a situation in a Missouri school district right now involving two students,” Ashcroft said. “Student A carried a weapon into the school and gave it to Student B, who put it in his locker. The school put both students in alternative settings, out of the regular classroom. But the school is concerned that Student B will be able to argue that he should not be punished because he did not carry the weapon into school.” The district has asked not to be identified in order to protect its legal position.

Ashcroft pointed out the need for additional anti-violence legislation, citing a situation in a Missouri school district where a disabled student made numerous threats against students and staff, but could not be removed from the classroom because of federal law. School officials were able to act only after the student shot and wounded another student off school grounds. This district also asked that it not be identified in order to protect its legal position.

Under the legislation passed today, all states will receive the power to waive federal mandates attached to certain federal education programs. The highly-regarded “ed flex” program is available already on a trial basis in 12 states. Waivers under the demonstration program have reduced the federal paperwork burden on schools and given states and school districts expanded power to direct federal funds to areas where they are needed most.