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Gun-Free Schools Act of 1994
The Gun-Free Schools Act of 1994 (GFSA) was part of the Improving America's Schools Act of 1994 (IASA). The Gun-Free Schools Act of 1994 also amends the Elementary and Secondary Education Act of 1965.
In 1994, Congress introduced the Gun-Free Schools Act of 1994, which encouraged each state receiving federal funds for education to follow suit and introduce their own laws, now known as zero tolerance laws. President Bill Clinton signed the Gun-Free Schools Act of 1994 into law on March 31, 1994. The Gun-Free Schools Act of 1994 requires each state receiving federal funds to have a state law in effect requiring local educational agencies to expel, for at least one year, any student who is determined to have brought a weapon to school. The one-year expulsion is mandatory, except when a chief administering officer of such local education agency may modify it on a case-by-case basis. In addition, schools are directed to develop policies requiring referral to the criminal justice or juvenile delinquency system for any student who brings a firearm or weapon to school.
Criticisms
The Gun-Free Schools Act of 1994 and the state laws passed in pursuance thereof "zero tolerance" laws, must afford the maximum amount of procedural due process to the student who are expelled for bringing a weapon to school. The Gun-Free Schools Act of 1994 makes no mention or provision for procedural due process, except to make a provision for adherence to the Individual with Disabilities Education Act. States lack uniformity in the procedural process prior to the one-year expulsion. Some states, such as West Virginia, offer formal procedural due process procedures, while others, such as Utah, offer limited procedural due process. Procedural due process further requires that orderly and legally defensible procedural steps be employed in depriving students. The U.S. Supreme Court determined in Goss v. Lopez that students facing suspensions of up to 10 days or less were entitled to oral or written notice of charges, an explanation of evidence to be used against them and an opportunity to present their side of the issue. Another concern expressed was that it would fail to reach private schools that do not receive federal support and would therefore fail to achieve its goal.
Comparison
These laws have the potential of imposing strict and harsh punishment upon school children that are not dangerous and will only suffer detrimental results from a full year expulsion. In addition, these laws do not prevent school violence. The shield for students offered by the Gun-Free Schools Act of 1994 stops the moment the line between school property and public property is crossed. And in fact, there is no "shield" offered by the Gun-Free Schools Act of 1994, as the Act does nothing to prevent a student or person who is committed to perpetuating a violent attack from bringing a weapon to a school with which to commit said violent attack. The act is not preventive but merely punitive. To violate the act, the weapon must be brought on to the schools grounds. In contrast, the Gun-Free School Zones Act of 1990 stripped away the 2nd Amendment rights of millions of law-abiding Americans who lived next to schools, instead of just the students.
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- Jewish Community Centers
- K-12 Schools
- Language Studies
- Libraries
- Organizations
- Preschools
- Professional Development
- Prom Services
- School Assemblies
- School Districts
- School Field Trips
- School Health
- School Supplies
- School Travel
- School Vendors
- Schools Worldwide
- Special Education
- Special Needs
- Study Abroad
- Teaching Abroad
- Volunteer Programs
- Youth Sports
- For Schools
- Academic Standards
- Assembly Programs
- Blue Ribbon Schools Program
- Educational Accreditation
- Educational Television Channels
- Education in the United States
- History of Education in the United States
- Reading Education in the U.S.
- School Grades
- School Meal Programs
- School Types
- School Uniforms
- Special Education in the United States
- Systems of Formal Education
- U.S. Education Legislation
- For Teachers
- Academic Dishonesty
- Childcare State Licensing Requirements
- Classroom Management
- Education Subjects
- Educational Videos
- Interdisciplinary Teaching
- Job and Interview Tips
- Lesson Plans | Grades
- Professional Development
- State Curriculum Standards
- Substitute Teaching
- Teacher Salary
- Teacher Training Programs
- Teaching Methods
- Training and Certification
- For Students
- Academic Competitions
- Admissions Testing
- At-Risk Students
- Career Planning
- College Admissions
- Drivers License
- Educational Programs
- Educational Television
- Educational Videos
- High School Dropouts
- Higher Education
- School Health
- Senior Proms
- Sex Education
- Standardized Testing
- Student Financial Aid
- Student Television Stations
- Summer Learning Loss