A r c h i v e d  I n f o r m a t i o n

108 STAT.
3907

Appendix A ? The Gun-Free Schools Act

Public Law 103-882 ? Oct. 20, 1994

"PART F ? GUN POSSESSION

Gun-Free Schools
Act of 1994
20 USC 8921.

"Sec. 14601. GUN-FREE REQUIREMENTS

"(a) Short Title. ? This section may be cited as the ?Gun-Free Schools Act of 1994?.

"(b) Requirements. ?

"(1) In General. ? Except as provided in paragraph (3), each State receiving Federal funds under this Act shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than one year a student who is determined to have brought a weapon to a school under the jurisdiction of local educational agencies in that State, except that such State law shall allow the chief administering officer of such local educational agency to modify such expulsion requirement for a student on a case-by-case basis.

"(2) Construction. ? Nothing in this title 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) Special Rule. ? (A) Any State that has a law in effect prior to the date of enactment of the Improving America?s Schools Act of 1994 which is in conflict with the not less than one year expulsion requirement described in paragraph (1) shall have the period of time described in subparagraph (B) to comply with such requirement.

"(B) The period of time shall be the period beginning on the date of enactment of the Improving America?s Schools Act and ending one year after such date.

"(4) Definition. ? 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.

"(c) Special Rule. ? The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act.

"(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 this Act shall provide to the States, 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 form such school; and

"(C) the type of weapons concerned.

"(e) Reporting. ? Each State shall report the information described in subsection (c) to the Secretary on an annual basis.

"(f) Report to Congress. ? Two years after the date of enactment of the Improving America?s Schools Act of 1994, the Secretary shall report to Congress if any State is not in compliance with the requirements of this title.

"SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.

"(a) In General. ? No funds shall be made available under this Act 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 school served by such agency.

"(b) Definitions. ? For the purpose of this section, the terms ?firearm? and ?school? have the same meaning given to such terms by section 921(a) of title 18, United States Code.

"SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA

"The Secretary shall ?

"(1) widely disseminate the policy of the Department in effect on the date of enactment of the Improving America?s Schools Act of 1994 with respect to disciplining children with disabilities;

"(2) collect data on the incidence of children with disabilities (as such term is defined in section 602(a)(1) of the Individuals With Disabilities Education Act) engaging in life threatening behavior or bringing weapons to schools; and

"(3) submit a report to Congress not later than January 31, 1995, analyzing the strengths and problems with the current approaches regarding disciplining children with disabilities.


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