What does the Gun-Free Schools Act require of States?
The GFSA requires that each State receiving Federal funds under the ESEA must, by October 20, 1995, (1) have in effect a State law requiring LEA’s to expel from school for not less than 1 year a student who is determined to have brought a weapon to school; (2) have in effect a State law allowing the LEA’s chief administering officer to modify the expulsion requirement on a case-by-case basis; and (3) report to the Secretary on an annual basis concerning information submitted by LEA’s to State Educational Agencies (SEAs). SEA’s must also ensure that no ESEA funds are made available to an LEA that does not have a referral policy consistent with Section 14602. 1-year Expulsion Requirement Each State’s law must require LEA’s to comply with a 1-year expulsion requirement; that is, subject to the exception discussed below, any student who brings a weapon to school must be expelled for not less than 1 year. Case-by-Case Exception Each State’s law must allow the chief administering officer of