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

(a) Short title. This subpart may be called the “Gun-Free Schools Act.”

(b) Requirements. (1) A State receiving Federal funds under any subchapter of this chapter must have a law requiring a local educational agency to expel for at least 1 year a student found to have brought a firearm to, or possessed a firearm at, a school under the agency's jurisdiction. The law must let the agency's chief administrator change the expulsion for that student case by case, but only in writing. (2) This subpart does not stop a State from allowing an agency to provide educational services in an alternative setting to a student expelled from the regular school setting. (3) Here, “firearm” has the meaning given in section 921(a) of title 18. This section does not define the term itself.

(c) Special rule. This section must be interpreted consistently with the Individuals with Disabilities Education Act.

(d) Report to State. A local educational agency seeking State educational-agency assistance paid from funds made available to the State under this chapter must include in its application: (1) assurance that it follows the State law required by subsection (b); and (2) a description of each expulsion under that law, including (A) the school's name, (B) the number of expelled students, and (C) the types of firearms involved.

(e) Reporting. Each State must report the information described in subsection (d) to the Secretary every year.

(f) Definition. For subsection (d), “school” means any setting controlled and supervised by the local educational agency for student activities that the agency approves and authorizes. This section does not define “school” for other purposes.

(g) Exception. This section does not apply to a firearm lawfully stored inside a locked vehicle on school property, or to a firearm used for activities approved and authorized by the agency when the agency adopts appropriate safeguards for student safety.

(h) Criminal-justice referral policy. (1) No funds under this chapter may go to a local educational agency unless it 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 the agency. (2) For this subsection, “school” has the meaning given in section 921(a) of title 18. This section does not define the term itself.