 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
                   SUBCHAPTER XIV--GENERAL PROVISIONS
 
                         Part F--Gun Possession
 
Sec. 8921. Gun-free requirements


(a) Short title

    This section may be cited as the ``Gun-Free Schools Act of 1994''.

(b) Requirements

                           (1) In general

        Except as provided in paragraph (3), each State receiving 
    Federal funds under this chapter shall have in effect a State law 
    requiring local educational agencies to expel from school for a 
    period of not less than one year a student who is determined to have 
    brought a weapon to a school under the jurisdiction of local 
    educational agencies in that State, except that such State law shall 
    allow the chief administering officer of such local educational 
    agency to modify such expulsion requirement for a student on a case-
    by-case basis.

                          (2) Construction

        Nothing in this subchapter 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) Special rule

        (A) Any State that has a law in effect prior to October 20, 
    1994, which is in conflict with the not less than one year expulsion 
    requirement described in paragraph (1) shall have the period of time 
    described in subparagraph (B) to comply with such requirement.
        (B) The period of time shall be the period beginning on October 
    20, 1994, and ending one year after such date.

                       (4) ``Weapon'' defined

        For the purpose of this section, the term ``weapon'' means a 
    firearm as such term is defined in section 921 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 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) 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 weapons concerned.

(e) Reporting

    Each State shall report the information described in subsection (c) 
of this section to the Secretary on an annual basis.

(f) Report to Congress

    Two years after October 20, 1994, the Secretary shall report to 
Congress if any State is not in compliance with the requirements of this 
subchapter.

(Pub. L. 89-10, title XIV, Sec. 14601, as added Pub. L. 103-382, title 
I, Sec. 101, Oct. 20, 1994, 108 Stat. 3907.)

                       References in Text

    The Individuals with Disabilities Education Act, referred to in 
subsec. (c), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175, 
as amended, which is classified generally to chapter 33 (Sec. 1400 et 
seq.) of this title. For complete classification of this Act to the 
Code, see section 1400 of this title and Tables.


      Applicability of Individuals With Disabilities Education Act

    Section 314(b) of Pub. L. 103-382 provided that: ``Nothing in the 
Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.] 
shall supersede the provisions of section 14601 of the Elementary and 
Secondary Education Act [of 1965] [20 U.S.C. 8921] if a child's behavior 
is unrelated to such child's disability, except that this section 
[amending section 1415 of this title and enacting provisions set out as 
a note under section 1415 of this title] shall be interpreted in a 
manner that is consistent with the Department's final guidance 
concerning State and local responsibilities under the Gun-Free Schools 
Act of 1994 [20 U.S.C. 8921].''
