District of Columbia - Firearms/Weapons on School Campuses: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Statute
Summary: 

State law complies with minimum requirements of the federal Gun-Free Schools Act (GFSA) and adds student supports and protections.

D.C. Code 38–231. Expulsion of students who bring weapons into public schools.

Absent extenuating circumstances, as determined on a case-by-case basis by the Superintendent of Schools, and consistent with the Individuals With Disabilities Education Act, approved October 30, 1990 (104 Stat. 1141; 20 U.S.C. 1400 et seq.), any student who brings a weapon into a District of Columbia Public School shall be expelled for not less than one year.


D.C. Code 38–38–234. Definitions.

(a)  For the purposes of this subchapter, the term “weapon” means a firearm and includes:

  • (1)  Any weapon, including a starter gun, which will or is designed to or may be readily converted to expel a projectile by the action of an explosive:
  • (2)  The frame or receiver of any weapon described in this subsection;
  • (3)  Any firearm muffler or firearm silencer; or
  • (4)  Any destructive device; the term “destructive device” means:
    • (A)  Any explosive, incendiary, or poison gas;
    • (B)  Bomb;
    • (C)  Grenade;
    • (D)  Rocket having a propellant charge of more than 4 ounces;
    • (E)  Missile having an explosive or incendiary charge of more than a 1/4 ounce;
    • (F)  Mine; or
    • (G)  Any similar device.

D.C. Code 38–233. Alternative educational programs.

The Board of Education shall provide to any student who is expelled from school in accordance with this subchapter an alternative educational program at the D.C. Street Academy, at another existing alternative educational program, or at any alternative educational program that may be established in the future. Not later than 90 days after the effective date of this subchapter:
(1)  The Mayor and the Board of Education shall submit a report to the Council delineating a comprehensive plan for providing alternative educational services to a student who has been expelled from a District of Columbia Public School setting.
(2)  The comprehensive plan shall include a description of the alternative education services to be provided to an expelled student, each location where the alternative education services shall be provided, and the estimated annual cost of providing the alternative education services.


D.C. Code 38–232. Reference to criminal justice or juvenile delinquency system.

Pursuant to the Gun-Free Schools Act of 1994, approved October 20, 1994 (108 Stat. 3908; 20 U.S.C. 8921 et seq.) [repealed, see now 20 U.S.C. §7151] the Superintendent of Schools shall refer to the criminal justice or juvenile delinquency system, simultaneous with expulsion, any student who is expelled for bringing a weapon into a District of Columbia Public School.

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