Tom Harkin

Mr. HARKIN

Mr. HARKIN. Just as it does now. The unanimous consent request, again, because I really want to protect my rights, and I just want to make sure my rights are fully and adequately protected, I ask the Senator if perhaps it could be reduced to writing or something just so I can take a look at it. I am going to be here for a while talking anyway.

Mr. HARKIN. Parliamentary inquiry.

Mr. HARKIN. What amendment are we on now?

Mr. HARKIN. Would the Senator yield for a colloquy or engage in any kind of questions and answers?

Mr. HARKIN. I don't know that I heard the Senator. If he could speak a little slower, I would appreciate it. I understand that you said recently. I do not know if you have given me----

Mr. HARKIN. The figures you gave were for calendar year 1999.

Mr. HARKIN. What you said is that for 1999, this school year; I do not know if the Senator means the school year of 1999 or January until now.

Mr. HARKIN. Four of the nine were special ed. Two were expelled because it was determined not to be a manifestation. What happened to the other two?

Mr. HARKIN. I say to the Senator, you say that this one child was put in an interim setting for 45 days. Now this child is back in the classroom. Can the Senator tell me, did the principal or did the school officials ask for a hearing to keep the child in the alternative setting for an additional 45 days, which they are allowed to do under the new law? Did they do that?

Mr. HARKIN. If the school officials say it is OK.

Mr. HARKIN. I respond to the Senator from Missouri that services always have to be provided. Educational, medical, mental health, those kinds of services do have to be provided. But if it was not a manifestation of a disability, of course, the kid can be expelled from school.

Mr. HARKIN. That is in the law.

Mr. HARKIN. If the Senator will yield?

Mr. HARKIN. I say to the Senator from Missouri, as long as it takes to reach some parameters on this, the fact is, the principal's hands are not tied right now in getting kids out of school immediately. Will the Senator agree with that or not? No?

Mr. HARKIN. Getting them out of the school immediately if they bring a gun to school.

Mr. HARKIN. Forty-five days.

Mr. HARKIN. No, it doesn't; no, no, it doesn't; no, it doesn't. No.

Mr. HARKIN. But they can keep them out of the school for 45 days.

Mr. HARKIN. Wherever they brought the gun to school, they can keep them out of that school for 45 days. The law is pretty clear. I don't know what we are debating here.

Mr. HARKIN. Let's take it one step at a time, I say to my friend. I am trying to get to this one point. Are the principal's hands tied if a kid brings a gun to school--I don't care if they are disabled or not. In getting that kid immediately out of school for up to 45 days, I think the law is clear, they can do that; they don't have to show anything.

Mr. HARKIN. Again, I am just saying----

Mr. HARKIN. Again, I say to my friend----

Mr. HARKIN. I want to take it step by step.

Mr. HARKIN. Step by step. The first step is getting the kid out of school because there is a clear danger. You want to get him out of there. I want to make it clear, we all understand that a principal can get that kid out of school. They can call the police station right now and say: Come and get this kid; he has a gun. They can take him down to the police station. The police can do it. They have that right now. Even if the kid is severely disabled, one can say, please come and pick him up and take him to the police station now. Their hands are not tied. I want to take the first step in getting the kid with a gun out of the school. I just hope that my friend will agree that the principal can do that.

Mr. HARKIN. Yes.