---
kind: "section"
citation: "20 U.S.C. § 7961"
title: "20"
title_heading: "Education"
number: "7961"
heading: "Gun-free requirements"
release: "119-102"
url: "https://uscodex.org/usc/20/7961"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter VIII — General Provisions"
  - "Part F — Uniform Provisions"
  - "Subpart 4 — gun possession"
---

# §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](/usc/20/7801.md?p=48) receiving Federal [funds](/usc/20/4702.md?p=3) under any subchapter of this chapter shall have in effect a [State](/usc/20/7801.md?p=48) law requiring [local educational agencies](/usc/20/7801.md?p=30-A) to expel from [school](#f) for a period of not less than 1 year a student who is determined to have brought a [firearm](#b-3) to a [school](#f), or to have possessed a [firearm](#b-3) at a [school](#f), under the jurisdiction of [local educational agencies](/usc/20/7801.md?p=30-A) in that [State](/usc/20/7801.md?p=48), except that such [State](/usc/20/7801.md?p=48) law shall allow the chief administering [officer](/usc/20/1094.md?p=i-5) of a [local educational agency](/usc/20/7801.md?p=30-A) 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](/usc/20/7801.md?p=48) from allowing a [local educational agency](/usc/20/7801.md?p=30-A) that has expelled a student from such a student’s regular [school](#f) 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](/usc/18/921.md?p=a).
- (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](/usc/20/1400.md) et seq.].
- (d) **Report to State—** Each [local educational agency](/usc/20/7801.md?p=30-A) requesting assistance from the [State educational agency](/usc/20/7801.md?p=49) that is to be provided from [funds](/usc/20/4702.md?p=3) made available to the [State](/usc/20/7801.md?p=48) under any subchapter of this chapter shall provide to the [State](/usc/20/7801.md?p=48), in the application requesting such assistance—
  - (1) an assurance that such [local educational agency](/usc/20/7801.md?p=30-A) is in compliance with the [State](/usc/20/7801.md?p=48) law required by [subsection (b)](#b); and
  - (2) a description of the circumstances surrounding any expulsions imposed under the [State](/usc/20/7801.md?p=48) law required by [subsection (b)](#b), including—
    - (A) the name of the [school](#f) concerned;
    - (B) the number of students expelled from such [school](#f); and
    - (C) the type of [firearms](#b-3) concerned.
- (e) **Reporting—** Each [State](/usc/20/7801.md?p=48) shall report the information described in [subsection (d)](#d) to the [Secretary](/usc/20/7801.md?p=46) on an annual basis.
- (f) **Definition—** For the purpose of [subsection (d)](#d), the term “school” means any setting that is under the control and supervision of the [local educational agency](/usc/20/7801.md?p=30-A) for the purpose of student activities approved and authorized by the [local educational agency](/usc/20/7801.md?p=30-A).
- (g) **Exception—** Nothing in this section shall apply to a [firearm](#b-3) that is lawfully stored inside a locked vehicle on [school](#f) property, or if it is for activities approved and authorized by the [local educational agency](/usc/20/7801.md?p=30-A) and the [local educational agency](/usc/20/7801.md?p=30-A) adopts appropriate safeguards to ensure student safety.
- (h) **Policy regarding criminal justice system referral—**
  - (1) **In general—** No [funds](/usc/20/4702.md?p=3) shall be made available under any subchapter of this chapter to any [local educational agency](/usc/20/7801.md?p=30-A) unless such agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a [firearm](#b-3) or weapon to a [school](#h-2) 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](/usc/18/921.md?p=a).

## Source credit

(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.)

## Notes

### Editorial Notes

### 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, 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.