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

Federal law — U.S. Code and appendices · legal_authorities

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

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Source location: Title 20, Chapter 70, § 7961; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921/a&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1400 — Short title; findings; purposes

**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”. **(b) Omitted** **(c) Findings** Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. (2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because— (A) the children did not receive appropriate educational services; (B) the children were excluded entirely from the public school system and from being educated with their peers; (C) undiagnosed disabilities prevented the children from having a successful educational experience; or (D) a lack of adequate resources within the public school system forced families to find services outside the public school system. (3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities. (4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities. (5) Almost 30 years of research and experience has

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7151 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated to carry out this subpart $1,650,000,000 for fiscal year 2017 and $1,600,000,000 for each of fiscal years 2018 through 2020. **(b) Forward funding** [Section 1223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1223&num=0&edition=prelim) shall apply to this subpart.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7165 — Transferred

### Statutory Notes #### Codification Section 7151, Pub. L. 89–10, title IV, § 4141, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1762, which related to gun-free requirements, was renumbered section 8561 of Pub. L. 89–10 by Pub. L. 114–95, title IV, § 4001(a)(2)(D), title VIII, § 8001(a)(8), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089, and transferred to [section 7961 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7961&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1400 — Short title; findings; purposes

Page 927 TITLE 20—EDUCATION § 1400 Section 1393e, Pub. L. 88–210, title I, § 196, as added Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88 Stat. 609, set forth application requirements for grants and contracts for bilingual vocational training pro- grams. Section 1393f, Pub. L. 88–210, title I, § 197, as added Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88 Stat. 609; amended Pub. L. 94–482, title V, § 501(j)(2), Oct. 12, 1976, 90 Stat. 2237, set forth criteria for approval by Commissioner of applications for grants and contracts for bilingual vocational training programs. CHAPTER 33—EDUCATION OF INDIVIDUALS WITH DISABILITIES SUBCHAPTER I—GENERAL PROVISIONS Sec. 1400. Short title; findings; purposes. 1401. Definitions. 1402. Office of Special Education Programs. 1403. Abrogation of State sovereign immunity. 1404. Acquisition of equipment; construction or al- teration of facilities. 1405. Employment of individuals with disabilities. 1406. Requirements for prescribing regulations. 1407. State administration. 1408. Paperwork reduction. 1409. Freely associated States. SUBCHAPTER II—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES 1411. Authorization; allotment; use of funds; au- thorization of appropriations. 1412. State eligibility. 1413. Local educational agency eligibility. 1414. Evaluations, eligibility determinations, indi- vidualized education programs, and edu- cational placements. 1415. Procedural safeguards. 1416. Monitoring, technical assistance, and en- forcement. 1417. Administration. 1418. Program information. 1419. Preschool grants. SUBCHAPTER III—INFANTS AND TODDLERS WITH DISABILITIES 1431. Findings and policy. 1432. Definitions. 1433. General authority. 1434. Eligib

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1400

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Federal law — U.S. Code and appendices · legal_authorities

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

Page 1656 TITLE 20—EDUCATION § 7948 (b) Amount of liability (1) In general (A) Liability Each defendant who is a teacher shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsi- bility of that defendant (determined in ac- cordance with paragraph (2)) for the harm to the claimant with respect to which that de- fendant is liable. (B) Separate judgment The court shall render a separate judg- ment against each defendant in an amount determined pursuant to subparagraph (A). (2) Percentage of responsibility For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact shall determine the percentage of respon- sibility of each person responsible for the claimant’s harm, whether or not such person is a party to the action. (c) Rule of construction Nothing in this section shall be construed to preempt or supersede any Federal or State law that further limits the application of joint li- ability in a civil action described in subsection (a), beyond the limitations established in this section. (Pub. L. 89–10, title VIII, § 8557, formerly title II, § 2367, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1670; renumbered title IX, § 9547, renumbered title VIII, § 8557, Pub. L. 114–95, title II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.) Editorial Notes CODIFICATION Section was classified to section 6737 of this title prior to renumbering by Pub. L. 114–95. § 7948. Effective date (a) In general This subpart shall take effect 90 days after January 8, 2002. (b) Application This subpart applies to any claim for harm caused

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7961

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