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 by an act or omission of a teacher if that claim is filed on or after the effective date of the No Child Left Behind Act of 2001 without regard to whether the harm that is the subject of the claim or the conduct that caused the harm oc- curred before such effective date. (Pub. L. 89–10, title VIII, § 8558, formerly title II, § 2368, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1670; renumbered title IX, § 9548, renumbered title VIII, § 8558, 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 REFERENCES IN TEXT For the effective date of the No Child Left Behind Act of 2001, referred to in subsec. (b), see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title. CODIFICATION Section was classified to section 6738 of this title prior to renumbering by Pub. L. 114–95. SUBPART 4—GUN POSSESSION Editorial Notes CODIFICATION Pub. L. 114–95, title IV, § 4001(a)(2)(A)–(C), title VIII, § 8001(a), (b)(1), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089, re- designated subpart 3 (§ 7151) of part A of subchapter IV of this chapter as subpart 4 of part F of this subchapter. § 7961. 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 deter- mined 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 writ- ing. (2) Construction Nothing in this subpart shall be construed to prevent a State from allowing a local edu- cational 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 con- strued in a manner consistent with the Individ- uals with Disabilities Education Act [20 U.S.C. 1400 et seq.]. (d) Report to State Each local educational agency requesting as- sistance 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 re- questing such assistance— (1) an assurance that such local educational agency is in compliance with the State law re- quired by subsection (b); and (2) a description of the circumstances sur- rounding any expulsions imposed under the State law required by subsection (b), includ- ing— (A) the name of the school concerned; Page 1657 TITLE 20—EDUCATION § 7972 1 See References in Text note below. 1 See References in Text note below. (B) the number of students expelled from such school; and (C) the type of firearms concerned. (e) Reporting Each State shall report the information de- scribed 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 ap- proved and authorized by the local educational agency. (g) Exception Nothing in this section shall apply to a fire- arm that is lawfully stored inside a locked vehi- cle on school property, or if it is for activities approved and authorized by the local edu- cational agency and the local educational agen- cy adopts appropriate safeguards to ensure stu- dent safety. (h) Policy regarding criminal justice system re- ferral (1) In general No funds shall be made available under any subchapter of this chapter to any local edu- cational agency unless such agency has a pol- icy 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. (Pub. L. 89–10, title VIII, § 8561, formerly title IV, § 4141, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1762; renumbered title IX, § 9551, renumbered title VIII, § 8561, Pub. L. 114–95, title IV, § 4001(a)(2)(A), (B), (D), title VIII, § 8001(a)(8), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (c), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. CODIFICATION Section was classified to section 7151 of this title prior to renumbering by Pub. L. 114–95. SUBPART 5—ENVIRONMENTAL TOBACCO SMOKE Editorial Notes CODIFICATION Pub. L. 114–95, title IV, § 4001(a)(4)(A)–(C)(i), title VIII, § 8001(a), (b)(1), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089, redesignated part C (§ 7181 et seq.) of subchapter IV of this chapter as subpart 5 of part F of this subchapter. Similar provisions relating to environmental tobacco smoke are contained in part B (§ 6081 et seq.) of sub- chapter X of chapter 68 of this title. § 7971. Short title This subpart 1 may be cited as the ‘‘Pro-Chil- dren Act of 2001’’. (Pub. L. 89–10, title VIII, § 8571, formerly title IV, § 4301, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1773; renumbered title IX, § 9561, renumbered title VIII, § 8571, Pub. L. 114–95, title IV, § 4001(a)(4)(A), (B), (C)(ii), title VIII, § 8001(a)(9), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.) Editorial Notes REFERENCES IN TEXT This subpart, referred to in text, was in the original ‘‘this part’’, and was translated as reading ‘‘this sub- part’’, to reflect the probable intent of Congress. Pub. L. 114–95 redesignated part C of title IV of Pub. L. 89–10 as subpart 5 of part F of title VIII of Pub. L. 89–10, which is classified to this subpart. CODIFICATION Section was classified to section 7181 of this title prior to renumbering by Pub. L. 114–95. § 7972. Definitions As used in this subpart: 1 (1) Children The term ‘‘children’’ means individuals who have not attained the age of 18. (2) Children’s services The term ‘‘children’s services’’ means the provision on a routine or regular basis of health, day care, education, or library serv- ices— (A) that are funded, after January 8, 2002, directly by the Federal Government or through State or local governments, by Fed- eral grant, loan, loan guarantee, or contract programs— (i) administered by either the Secretary of Health and Human Services or the Sec- retary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq.]); or (ii) administered by the Secretary of Ag- riculture in the case of a clinic (as defined in part 246.2 of title 7, Code of Federal Reg- ulations (or any corresponding similar reg- ulation or ruling)) under section 17(b)(6) of the Child Nutrition Act of 1966 [42 U.S.C. 1786(b)(6)]; or (B) that are provided in indoor facilities that are constructed, operated, or main- tained with such Federal funds, as deter- mined by the appropriate head of a Federal agency in any enforcement action carried out under this subpart,1 except that nothing in clause (ii) of subpara- graph (A) is intended to include facilities (other than clinics) where coupons are re- deemed under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.]. (3) Indoor facility The term ‘‘indoor facility’’ means a building that is enclosed.