20 U.S.C. § 7961: Gun-free requirements

Summary

Requires states that get federal education money to have a law making local school districts expel any student who brings or has a firearm at school for at least 1 year. The school chief can change that expulsion for a student in a written, case-by-case decision. Schools may still give expelled students education in a different setting. The rule must be followed in a way that agrees with the Individuals with Disabilities Education Act. When a local district asks the state for federal help, it must promise it follows the state law and must describe any expulsions, naming the school, how many students were expelled, and what types of firearms were involved. States must send that information to the Secretary each year. The rule does not apply to a gun lawfully kept in a locked vehicle on school property or to guns used in district-approved activities with safety rules. Definitions: "firearm" uses the meaning in 18 U.S.C. 921(a); "school" for reporting means any place run by the district for approved student activities; "school" for criminal-referral has the same meaning as in 18 U.S.C. 921(a).

Title 20, §7961

Education, Source: USLM XML via OLRC

(a)Short title

This subpart may be cited as the “Gun-Free Schools Act”.

(b)Requirements

(1)In general

Each State receiving Federal funds under any subchapter of this chapter shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than 1 year a student who is determined to have brought a firearm to a school, or to have possessed a firearm at a school, under the jurisdiction of local educational agencies in that State, except that such State law shall allow the chief administering officer of a local educational agency to modify such expulsion requirement for a student on a case-by-case basis if such modification is in writing.

(2)Construction

Nothing in this subpart shall be construed to prevent a State from allowing a local educational agency that has expelled a student from such a student’s regular school setting from providing educational services to such student in an alternative setting.

(3)Definition

For the purpose of this section, the term “firearm” has the same meaning given such term in section 921(a) of title 18.

(c)Special rule

The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.].

(d)Report to State

Each local educational agency requesting assistance from the State educational agency that is to be provided from funds made available to the State under any subchapter of this chapter shall provide to the State, in the application requesting such assistance—

(1)an assurance that such local educational agency is in compliance with the State law required by subsection (b); and

(2)a description of the circumstances surrounding any expulsions imposed under the State law required by subsection (b), including—

(A)the name of the school concerned;

(B)the number of students expelled from such school; and

(C)the type of firearms concerned.

(e)Reporting

Each State shall report the information described in subsection (d) to the Secretary on an annual basis.

(f)Definition

For the purpose of subsection (d), the term “school” means any setting that is under the control and supervision of the local educational agency for the purpose of student activities approved and authorized by the local educational agency.

(g)Exception

Nothing in this section shall apply to a firearm that is lawfully stored inside a locked vehicle on school property, or if it is for activities approved and authorized by the local educational agency and the local educational agency adopts appropriate safeguards to ensure student safety.

(h)Policy regarding criminal justice system referral

(1)In general

No funds shall be made available under any subchapter of this chapter to any local educational agency unless such agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon to a school served by such agency.

(2)Definition

For the purpose of this subsection, the term “school” has the same meaning given to such term by section 921(a) of title 18.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in subsec. (c), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. Codification Section was classified to section 7151 of this title prior to renumbering by Pub. L. 114–95.

§7961 Gun-free Requirements

Summary

Title 20, §7961

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata