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

Appendix B ? GFSA Data Collection Instrument

 

ELEMENTARY AND SECONDARY EDUCATION ACT (ESEA), as amended by the IMPROVING AMERICA?S SCHOOLS ACT OF 1994 (IASA), TITLE XIV, PART F

 

GUN-FREE SCHOOLS ACT REPORT

 

FORM APPROVED
OMB #1810-0602

Expiration Date: 4/30/00

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. The valid OMB control number for this information collection is 1810-0602. The time required to complete this information collection is estimated to average 8 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate or suggestions for improving this form, please write to: U.S. Department of Education, Washington, DC 20202-4651. If you have comments or concerns regarding the status of your individual submission of this form, write directly to: Safe and Drug-Free Schools Program, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, DC 20202-6123.

RESPONDENT INFORMATION

State Name:

Name of Agency Responding:

Name and Title of Individual Completing this Report:


Mailing Address:


Telephone and Fax Number of Individual Completing this Report:

Phone: ( _ _ _ ) _ _ _ - _ _ _ _

Fax: ( _ _ _ ) _ _ _ - _ _ _ _

 

GUN-FREE SCHOOLS ACT REPORT

INTRODUCTION

The Gun-Free Schools Act (GFSA), Part F of Title XIV of the Elementary and Secondary Education Act (ESEA) of 1965 requires that each State have in effect a State law requiring local educational agencies (LEAs) to expel from school for a period of not less than one year a student found to have brought a weapon to school. In addition, under the GFSA, LEAs receiving ESEA funds must adopt a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm to school.

Each State?s law also must allow the chief administering officer of the LEA to modify the expulsion requirement on a case-by-case basis. The GFSA also states that nothing in the GFSA shall be construed to prevent a State from allowing a local educational agency that has expelled a student from such student?s regular school setting from providing educational services to that student in an alternative setting.

The GFSA also requires States to provide annual reports to the Secretary of Education concerning implementation of the Act?s requirements. The Secretary is required to report to Congress if any State is not in compliance with the GFSA.

PLEASE USE THE ATTACHED FORM TO PROVIDE INFORMATION ON IMPLEMENTATION OF THE GFSA.

GENERAL DIRECTIONS FOR COMPLETING THE REPORT

  1. The time period covered by this report is the 1997-98 school year.

  2. Please complete this entire form. If questions are left blank, we will not be able to interpret the results and will have to follow up with a phone call. If a response to a question is "0" or "none," be sure to enter "0" or "none." If information is not available or not applicable, please indicate by using the following abbreviations:

    MD = Missing DataNA = Not Available

  3. Please retain a copy of the completed form for your files so that you will have a copy on hand to refer to if we have questions about your responses.

  4. Please complete the attached form and mail no later than December 1, 1998 to:

    Westat
    1650 Research Boulevard, Room RA 1216
    Rockville, MD 20850

If questions arise about completing any of the items on the attached form, please do not hesitate to contact the Safe and Drug-Free Schools Program at (202) 260-3954 for clarification.

 

ABBREVIATIONS AND DEFINITIONS
LEALocal educational agency
GFSAGun-Free Schools Act
IDEAIndividuals with Disabilities Education Act
ESEAElementary and Secondary Education Act
Elementary school A school classified as elementary by state and local practice and composed of any span of grades not above Grade 6. Combined elementary/junior high schools are considered junior high schools and combined elementary and secondary schools (e.g., K-12 buildings) are classified as high schools for this report.
Junior high school A separately organized and administered school intermediate between elementary and senior high schools, which might also be called a middle school, usually includes Grades 7, 8, and 9; Grade 7 and 8; or Grades 6, 7, and 8. Combined elementary/junior high schools are considered junior high schools for this report; junior/senior high school combinations are defined as senior high schools.
Senior high school A school offering the final years of school work necessary for graduation, usually including Grades 10, 11, and 12; or Grades 9, 10, 11, and 12. Combined junior and senior high schools are classified as high schools for this form; combined elementary and secondary schools (e.g., K-12 buildings) are classified as high schools.
Other firearms Firearms other than handguns, rifles or shotguns as defined in 18 USC 921. According to Section 921, the following are included within the definition:
  • any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of any explosive;
  • the frame or receiver of any weapon described above;
  • any firearm muffler or firearm silencer;
  • any destructive device, which includes:
    1. any explosive, incendiary, or poison gas
      1. bomb;
      2. grenade,
      3. rocket having a propellant charge of more than four ounces,
      4. missile having an explosive or incendiary charge of more than one-quarter ounce,
      5. mine, or
      6. similar device
    2. any weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter

    3. any combination or parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples, and from which a destructive device may be readily assembled.

FIREARMS EXPULSIONS

  1. Please indicate the number of students expelled in your State under your State?s law that requires a one-year expulsion for a student who brings a firearm to school. [Do not include in your response to this question students who have brought a firearm to school but who have not been expelled, whether because of disability, an intervening court order, delays in the process, or any other reason.]

School Level

Handguns

Rifles/Shotguns

Other Firearms

Total

Elementary School

        

Junior High School

        

Senior High School

        

Total

        

  1. How many of the expulsions reported in item #1 were shortened to a term of less than one year by the chief administering officer of an LEA under the case-by-case modification provisions of Section 14601(b)(1) of the GFSA? [Do not include in your response to this question modifications under the case-by-case exception provision of Section 14601(b)(1) other than those that shorten the term of the expulsion to less than one year.]

Number of Shortened
Expulsions:

 

  1. How many of the modifications reported in item #2 were for students who are not students with disabilities as defined in Section 602(a)(1) of the IDEA?

Number of shortened
expulsions in #2, NOT
disabled:

 

[The GFSA explicitly states that the Act must be construed in a manner consistent with the Individuals with Disabilities Education Act (IDEA). Compliance with the GFSA can be achieved consistent with the IDEA as long as discipline of such students is determined on a case-by-case basis under the GFSA provision that permits modification of the expulsion requirement on a case-by-case basis. A student with a disability who brings a firearm to school may be removed from school for ten school days or less, and in accordance with State law, placed in an interim alternative educational setting that is determined by the student?s individualized education program team, for up to 45 calendar days. If the student?s parents initiate due process proceedings under the IDEA, the student must remain in that interim alternative educational setting during authorized review proceedings, unless the parents and school district can agree on a different placement. Before an expulsion can occur, the IDEA requires a determination by a group of persons knowledgeable about the student on whether the bringing of a firearm to school was a manifestation of the student?s disability. A student with a disability may be expelled only if this group of persons determines that the bringing of a firearm to school was not a manifestation of the student?s disability, and the school follows applicable IDEA procedural safeguards before the expulsion occurs. Under IDEA, students with disabilities who are expelled in accordance with these conditions must continue to receive educational services during the expulsion period. Under Section 602 (a)(1) of the IDEA, the term "children with disabilities" is defined as:

    children --

  1. with mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments, including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and

  2. who, by reason thereof, need special education and related services.]

  1. How many of the expulsions reported in item #1 resulted in a referral of the expelled student to an alternative school or program?

Number of expelled students in #1
referred to an alternative placement:

 

LEA COMPLIANCE

  1. List the name and address of each LEA that has not provided an assurance that it is in compliance with the State law that requires that a student who brings a firearm to school be expelled for one year. (If all LEAs have provided the necessary assurance, please indicate "none" in response to this item.)

    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________

    (Attach a separate sheet if more space is required to list LEAs.)

  2. List the name and address of each LEA that has not provided an assurance that it is in compliance with the requirement in Section 14602 that an LEA receiving ESEA funds have in place a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm to a school. (If all LEAs have provided the necessary assurance, please indicate "none" in response to this item.)

    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________

    (Attach a separate sheet if more space is required to list LEAs.)


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