From Bipartisan Safer Communities Act Stronger Connections Grant Program Frequently Asked Questions: “May Stronger Connections funds be used to arm teachers or other individuals, or to provide training in the use of weapons?”
No. Section 13401 of the BSCA amended Section 8526 of the ESEA to prohibit the use of ESEA funds, including those under Stronger Connections, to provide to any person a dangerous weapon or training in the use of a dangerous weapon. A “dangerous weapon” as defined in section 930(g)(2) of title 18 of the United States Code is a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocketknife with a blade of less than 2 1/2 inches in length. Accordingly, funds may not be used, for example, to purchase a firearm or to train teachers to use a firearm.
Congressional Research Service: New ESEA Prohibition Related to Dangerous Weapons
Section 8526 of the ESEA includes general prohibitions on the use of ESEA funds for specified purposes. The BSCA adds a new prohibition to Section 8526 that states that no ESEA funds may be used to provide anyone with a dangerous weapon or to provide anyone with training in the use of a dangerous weapon. The term dangerous weapon has the meaning given to the term in 18 U.S.C. §930(g)(2):
The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length.
Vermont Agency of Education Issues Memorandum on “ESEA Title IV-A: Prohibition on Use of Funds for Weapons or Weapons Training”
Background
Title IV, Part A (Title IV-A) is an important program that will help our students achieve academic recovery and begin the school year successfully. Recently, one aspect of Title IV-A allowability that has received attention is the use of Title IV-A funds to pay for weapons and weapons training. The Title IV-A program State coordinators have received information from the United States Department of Education resolving this question. Please forward this communication to those in your district who are responsible for making funding decisions about school safety or any other relevant funding decisions.
Prohibition of Use of ESEA Funds for Weapons or Weapons Training
The Office of Safe and Supportive Schools at the United States Department of Education shared information regarding S. 2938, the Bipartisan Safer Communities Act, signed into law by President Biden on June 25, 2022. Section 13401 of the Act amends section 8526 of the Elementary and Secondary Education Act of 1965 (ESEA) to add a prohibition that no funds under the ESEA may be used for the provision to any person of a dangerous weapon, as defined in section 930(g)(2) of title 18, United States Code, or training in the use of a dangerous weapon. A dangerous weapon is defined in section 930(g)(2) as a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocketknife with a blade of less than 2 1/2 inches in length. The prohibition went into effect immediately on June 25, 2022, and applies to all ESEA funds, existing and future awards under all ESEA programs, including Title IV-A. If you have any questions, please contact Heidi Parker at heidi.parker@vermont.gov.
Texas Education Agency: Title IV, Part A Frequently Asked Questions
Q: Has an Errata been posted explaining a new prohibition of ESEA program funds being used for possession and/or training with dangerous weapons?
A: Yes. An Errata was published on August 26, 2022, for the 2022-2023 ESSA Consolidated Federal Grant Application with details.
Prohibition of ESEA Program Funds Used for Possession of and/or Training with Dangerous Weapons: The LEA assures that no funds under the ESEA will be used for the provision to any person of a dangerous weapon, as defined in section 930(g)(2) of title 18, United States Code, or training in the use of a dangerous weapon. [Section 8526 of the Elementary and Secondary Education Act of 1965 (ESEA) as amended by the Bipartisan Safer Communities Act, Section 2938, Division A-Mental Health and Firearms Provisions, Title IIIOther Matters, Subtitle D-Amendment on ESEA Funding, Section 13401]
A dangerous weapon is defined in section 930(g)(2) as a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocketknife with a blade of less than 2 1/2 inches in length.
Please note, the prohibition went into effect immediately on June 25, 2022, and applies to all ESEA funds, existing and future awards under all ESEA programs.
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