H. R. 6—388
‘‘(C) The Secretary upon receipt of the copy of the petition
shall file in the court the record of the proceedings on which
the Secretary based this action, as provided in section 2112
of title 28, United States Code.
‘‘(3) FINDINGS OF FACT.—(A) The findings of fact by the
Secretary, if supported by substantial evidence, shall be conclu-
sive, but the court, for good cause shown, may remand the
case to the Secretary to take further evidence and the Secretary
may then make new or modified findings of fact and may
modify the Secretary’s previous action, and shall file in the
court the record of the further proceedings.
‘‘(B) Such new or modified findings of fact shall likewise
be conclusive if supported by substantial evidence.
‘‘(4) JURISDICTION.—(A) Upon the filing of such petition,
the court shall have jurisdiction to affirm the action of the
Secretary or to set such action aside, in whole or in part.
‘‘(B) The judgment of the court shall be subject to review
by the Supreme Court of the United States upon certiorari
or certification as provided in section 1254 of title 28, United
States Code.
‘‘(b) DETERMINATION.—Any determination by the Secretary
under this section shall continue in effect until the Secretary deter-
mines, in consultation with such agency or consortium and rep-
resentatives of the affected private school children, teachers, or
other educational personnel that there will no longer be any failure
or inability on the part of such agency or consortium to meet
the applicable requirements of section 14503 or any other provision
of this Act.
‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When the Secretary
arranges for services pursuant to this section, the Secretary shall,
after consultation with the appropriate public and private school
officials, pay the cost of such services, including the administrative
costs of arranging for those services, from the appropriate allocation
or allocations under this Act.
‘‘(d) PRIOR DETERMINATION.—Any by-pass determination by the
Secretary under this Act as in effect on the day preceding the
date of enactment of the Improving America’s Schools Act of 1994
shall remain in effect to the extent the Secretary determines that
such determination is consistent with the purpose of this section.
‘‘SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP
OR INSTRUCTION.
‘‘Nothing contained in this Act shall be construed to authorize
the making of any payment under this Act for religious worship
or instruction.
‘‘SEC. 14508. APPLICABILITY TO HOME SCHOOLS.
‘‘Nothing in this Act shall be construed to affect home schools.
‘‘SEC. 14509. GENERAL 
PROVISION 
REGARDING 
NONRECIPIENT
NONPUBLIC SCHOOLS.
‘‘Nothing in this Act shall be construed to permit, allow, encour-
age, or authorize any Federal control over any aspect of any private,
religious, or home school, whether or not a home school is treated
as a private school or home school under State law. This section
shall not be construed to bar private, religious, or home schools
from participation in programs or services under this Act.
H. R. 6—389
‘‘SEC. 14510. SCHOOL PRAYER.
‘‘Any State or local educational agency that is adjudged by
a Federal court of competent jurisdiction to have willfully violated
a Federal court order mandating that such local educational agency
remedy a violation of the constitutional right of any student with
respect to prayer in public schools, in addition to any other judicial
remedies, shall be ineligible to receive Federal funds under this
Act until such time as the local educational agency complies with
such order. Funds that are withheld under this section shall not
be reimbursed for the period during which the local educational
agency was in willful noncompliance.
‘‘SEC. 14511. GENERAL PROHIBITIONS.
‘‘(a) PROHIBITION.—None of the funds authorized under this
Act shall be used—
‘‘(1) to develop or distribute materials, or operate programs
or courses of instruction directed at youth that are designed
to promote or encourage, sexual activity, whether homosexual
or heterosexual;
‘‘(2) to distribute or to aid in the distribution by any
organization of legally obscene materials to minors on school
grounds;
‘‘(3) to provide sex education or HIV prevention education
in schools unless such instruction is age appropriate and
includes the health benefits of abstinence; or
‘‘(4) to operate a program of condom distribution in schools.
‘‘(b) LOCAL CONTROL.—Nothing in this section shall be con-
strued to—
‘‘(1) authorize an officer or employee of the Federal Govern-
ment to mandate, direct, review, or control a State, local edu-
cational agency, or schools’ instructional content, curriculum,
and related activities;
‘‘(2) limit the application of the General Education Provi-
sions Act;
‘‘(3) require the distribution of scientifically or medically
false or inaccurate materials or to prohibit the distribution
of scientifically or medically true or accurate materials; or
‘‘(4) create any legally enforceable right.
‘‘SEC. 14512. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND
CONTROL.
‘‘Nothing in this Act shall be construed to authorize an officer
or employee of the Federal Government to mandate, direct, or
control a State, local educational agency, or school’s curriculum,
program of instruction, or allocation of State or local resources,
or mandate a State or any subdivision thereof to spend any funds
or incur any costs not paid for under this Act.
‘‘SEC. 14513. REPORT.
‘‘The Secretary shall report to the Congress not later than
180 days after the date of enactment of the Improving America’s
Schools Act of 1994 regarding how the Secretary shall ensure that
audits conducted by Department employees of activities assisted
under this Act comply with changes to this Act made by the Improv-
ing America’s Schools Act of 1994, particularly with respect to
permitting children with similar educational needs to be served
in the same educational settings, where appropriate.
H. R. 6—390
‘‘SEC. 14514. REQUIRED PARTICIPATION PROHIBITED.
‘‘Notwithstanding any other provision of law, no State shall
be required to participate in any program under the Goals 2000:
Educate America Act, or to have content standards or student
performance standards approved or certified under such Act, in
order to receive assistance under this Act.
‘‘PART F—GUN POSSESSION
‘‘SEC. 14601. GUN-FREE REQUIREMENTS.
‘‘(a) SHORT TITLE.—This section may be cited as the ‘Gun-
Free Schools Act of 1994’.
‘‘(b) REQUIREMENTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (3),
each State receiving Federal funds under this Act shall have
in effect a State law requiring local educational agencies to
expel from school for a period of not less than one year a
student who is determined to have brought a weapon to a
school under the jurisdiction of local educational agencies in
that State, except that such State law shall allow the chief
administering officer of such local educational agency to modify
such expulsion requirement for a student on a case-by-case
basis.
‘‘(2) CONSTRUCTION.—Nothing in this title shall be con-
strued to prevent a State from allowing a local educational
agency that has expelled a student from such a student’s regu-
lar school setting from providing educational services to such
student in an alternative setting.
‘‘(3) SPECIAL RULE.—(A) Any State that has a law in effect
prior to the date of enactment of the Improving America’s
Schools Act of 1994 which is in conflict with the not less
than one year expulsion requirement described in paragraph
(1) shall have the period of time described in subparagraph
(B) to comply with such requirement.
‘‘(B) The period of time shall be the period beginning on
the date of enactment of the Improving America’s Schools Act
and ending one year after such date.
‘‘(4) DEFINITION.—For the purpose of this section, the term
‘weapon’ means a firearm as such term is defined in section
921 of title 18, United States Code.
‘‘(c) SPECIAL RULE.—The provisions of this section shall be
construed in a manner consistent with the Individuals with Disabil-
ities Education Act.
‘‘(d) REPORT TO STATE.—Each local educational agency request-
ing assistance from the State educational agency that is to be
provided from funds made available to the State under this Act
shall provide to the State, in the application requesting such
assistance—
‘‘(1) an assurance that such local educational agency is
in compliance with the State law required by subsection (b);
and
‘‘(2) a description of the circumstances surrounding any
expulsions imposed under the State law required by subsection
(b), including—
‘‘(A) the name of the school concerned;
‘‘(B) the number of students expelled from such school;
and
H. R. 6—391
‘‘(C) the type of weapons concerned.
‘‘(e) REPORTING.—Each State shall report the information
described in subsection (c) to the Secretary on an annual basis.
‘‘(f) REPORT TO CONGRESS.—Two years after the date of enact-
ment of the Improving America’s Schools Act of 1994, the Secretary
shall report to Congress if any State is not in compliance with
the requirements of this title.
‘‘SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFER-
RAL.
‘‘(a) IN GENERAL.—No funds shall be made available under
this Act to any local educational agency unless such agency has
a policy requiring referral to the criminal justice or juvenile delin-
quency system of any student who brings a firearm or weapon
to a school served by such agency.
‘‘(b) DEFINITIONS.—For the purpose of this section, the terms
‘firearm’ and ‘school’ have the same meaning given to such terms
by section 921(a) of title 18, United States Code.
‘‘SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.
‘‘The Secretary shall—
‘‘(1) widely disseminate the policy of the Department in
effect on the date of enactment of the Improving America’s
Schools Act of 1994 with respect to disciplining children with
disabilities;
‘‘(2) collect data on the incidence of children with disabil-
ities (as such term is defined in section 602(a)(1) of the Individ-
uals With Disabilities Education Act) engaging in life threaten-
ing behavior or bringing weapons to schools; and
‘‘(3) submit a report to Congress not later than January
31, 1995, analyzing the strengths and problems with the current
approaches regarding disciplining children with disabilities.
‘‘PART G—EVALUATIONS
‘‘SEC. 14701. EVALUATIONS.
‘‘(a) EVALUATIONS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary is authorized to reserve not more than 0.50
percent of the amount appropriated to carry out each program
authorized under this Act—
‘‘(A) to carry out comprehensive evaluations of categor-
ical programs and demonstration projects, and studies of
program effectiveness, under this Act, and the administra-
tive impact of such programs on schools and local edu-
cational agencies in accordance with subsection (b);
‘‘(B) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs under
this Act and related Federal preschool, elementary and
secondary programs under other Federal law; and
‘‘(C) to strengthen the usefulness of grant recipient
evaluations for continuous program progress through
improving the quality, timeliness, efficiency, and utilization
of program information on program performance.
‘‘(2) SPECIAL RULE.—(A) Paragraph (1) shall not apply to
any program under title I.
‘‘(B) If funds are made available under any program
assisted under this Act (other than a program under title