SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1995 SESSION

  • | print version

HB 2140 Gun-free schools and expulsion of students for certain infractions.

Introduced by: William S. Moore, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Gun-free schools and expulsion of students for certain infractions. Requires, in compliance with the federal Improving America's School Act of 1994 (Part F--”Gun-Free Schools Act of 1994”), that school boards expel from school attendance for one school year, or 365 calendar days as required in federal regulations, any student who is determined by the school board, to have brought a firearm onto school property or to a school-sponsored activity. Based on the facts of the particular case, school boards may determine that special circumstances exist and another disciplinary action or term of expulsion is appropriate. Students with disabilities must be accorded the rights provided by the Individuals with Disabilities Education Act of 1991, 20 USC § 1400 et seq., such as least restrictive environment, free and appropriate education, and I.E.P. hearing for change in placement. The Board of Education, designated as the state education agency to carry out the provisions of the federal Improving America's Schools Act of 1994, must report annually to the United States Secretary of Education on the expulsion of students with disabilities. Each school board must revise its standards of student conduct to conform with this provision within three months of its effective date. The federally required certification of compliance and data on the expulsions imposed by this measure must be provided to the Virginia Department of Education by every school board applying for funds apportioned to Virginia through the federal law. Consistent with other federal and state law, the terms “destructive device” and “firearm” are defined and certain exemptions, such as possession of a firearm as part of the curriculum or a school program, are set forth.

This bill was recommended by the Joint Subcommittee Studying the Prevention of School Crime and Violence.


FULL TEXT

HISTORY