LOCAL CONTROL OVER VIOLENCE.

SEC. 314. LOCAL CONTROL OVER VIOLENCE. (a) Amendments.— (1) In general.— Paragraph (3) of section 615(e) of the Act (20 U.S.C. 1415(e)(3)) is amended— (A) by striking “During” and inserting “(A) Except as provided in subparagraph (B), during”; and (B) by adding at the end the following new subparagraph: “(B) (i) Except as provided in clause (iii), if the proceedings conducted pursuant to this section involve a child with a disability who is determined to have brought a weapon to school under the jurisdiction of such agency, then the child may be placed in an interim alternative educational setting, in accordance with State law, for not more than 45 days. “(ii) The interim alternative educational setting described in clause (i) shall be decided by the individuals described in section 602(a)(20). “(iii) If a parent or guardian of a child described in clause (i) requests a due process hearing pursuant to paragraph (2) of subsection (b), then the child shall remain in the alternative educational setting described in such clause during the pendency of any proceedings conducted pursuant to this section, unless the parents and the local educational agency agree otherwise. “(iv) For the purpose of this section, the term ‘weapon’ means a firearm as such term is defined in section 921 of title 18, United States Code.”. (2) Effective date.— Paragraph (1) and the amendments made by paragraph (1) shall be effective during the period108 STAT. 3937 beginning on the date of enactment of this Act and ending on the date of enactment of an Act (enacted after the date of the enactment of this Act) that reauthorizes the Individuals with Disabilities Education Act. (b) Limitation.— Nothing in the Individuals with Disabilities Education Act shall supersede the provisions of section 14601 of the Elementary and Secondary Education Act if a child’s behavior is unrelated to such child’s disability, except that this section shall be interpreted in a manner that is consistent with the Department’s final guidance concerning State and local responsibilities under the Gun-Free Schools Act of 1994.