Page:United States Statutes at Large Volume 108 Part 5.djvu/417

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PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3907 "SEC. 14514. REQUIRED PARTICIPATION PROHIBITED. 20 USC 8904. "Notwithstanding any other provision of law, no State shall be required to participate in any program under the Groals 2000: Educate America Act, or to have content standards or student performance standards approved or certified under such Act, in order to receive assistance under this Act. "PART F—GUN POSSESSION "SEC. 14601. GUN -FREE REQUIREMENTS. Gun-Free "(a) SHORT TITLE. —This section may be cited as the 'Gun- 1994 Free Schools Act of 1994'. 20 USC 8921. "(b) REQUIREMENTS.— "(1) IN GENERAI.,. —Except as provided in paragraph (3), each State receiving Federal funds under this Act 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 title 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 the date of enactment of the Improving America's Schools Act of 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 the date of enactment of the Improving America's Schools Act and ending one year after such date, "(4) DEFINITION. —For the purpose of this section, the term 'weapon' means a firearm as such term is defined in section 921 of title 18, United States Code. "(c) SPECIAL RULE. —The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act. "(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 Act 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 79-194 0—95 —14: QL 3 Part 5