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Federal Regulations and Guidance

Under the Elementary and Secondary Education Act (ESEA), school must not only follow state statute but also are obligated to enforce the following federal laws:

 

Gun Free School Act (GFSA)

The Gun-Free Schools Act (GFSA) is federal legislation that requires that each state or outlying area receiving federal funds under the Elementary and Secondary Education Act (ESEA) have a law that requires all local educational agencies (LEAs) in the state or outlying area to expel from school for at least one year any student found bringing a firearm to school or possessing a firearm at school. Their laws must also authorize the LEA chief administering officer to modify, in writing, any such expulsion on a case-by-case basis. In addition, the GFSA states that the law must be construed so as to be consistent with the Individuals with Disabilities Education Act (IDEA).


Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

 

Title IV. Part A: Safe and Drug Free Schools and Community Act

The purpose of this part is to support programs that prevent violence in and around schools; that prevent the illegal use of alcohol, tobacco, and drugs; that involve parents and communities; and that are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning environment that supports student academic achievement

Title IV: SDFSC Coordinators Handbook

Protection of Pupils Rights Act

The Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. § 1232h; 34 CFR Part 98) applies to programs that receive funding from the U.S. Department of Education (ED). PPRA is intended to protect the rights of parents and students in two ways (1) to ensure that schools and contractors make instructional materials available for inspection by parents if those materials will be used in connection with an ED-funded survey, analysis, or evaluation in which their children participate; and (2) It seeks to ensure that schools and contractors obtain written parental consent before minor students are required to participate in any ED-funded survey, analysis, or evaluation that reveals information concerning political affiliations; mental and psychological problems potentially embarrassing to the student and his/her family; sex behavior and attitudes; illegal, anti-social, self-incriminating and demeaning behavior; critical appraisals of other individuals with whom respondents have close family relationships; legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).