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U.S. Code as of:
01/19/04
Section 7151. Gun-free requirements
(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
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(1) an assurance that such local educational agency is in
compliance with the State law required by subsection (b) of this
section; and
(2) a description of the circumstances surrounding any
expulsions imposed under the State law required by subsection (b)
of this section, 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) of this section to the Secretary on an annual basis.
(f) Definition
For the purpose of subsection (d) of this section, 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.
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