Parental Consent Drug Testing and Counseling Act

Summary: Authorizes parents to determine whether their children participate in such programs.
Sets forth requirements for State and local allocations and administrative costs.
Requires LEAs receiving grants to make certain certifications to SEAs.
Sets forth required and optional uses of grant funds.
Requires LEAs receiving such grant funds to inform parents about: (1) the random drug testing program, in detail; (2) their option to enroll their child in such program; (3) the counseling program and the services it offers; (4) any positive results of a drug test of their child who participates in the program; and (5) the refusal of their child to take a drug test or participate in the counseling program, if applicable. Requires such LEAs to provide for confidentiality of drug test results.
Authorizes appropriations.
Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require any LEA that receives ESEA funds to implement a drug testing and counseling program that meets the requirements of this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Parental Consent Drug Testing and 
Counseling Act''.

SEC. 2. GRANT AUTHORIZATION.

    (a) State Grants.--The Secretary is authorized to provide grants to 
State educational agencies to provide subgrants that enable each local 
educational agency in the State to develop and implement a random drug 
testing and counseling program authorized by parents for students in 
grades 9 through 12 that shall be conducted on school premises.
    (b) State Application.--Any State educational agency that wishes to 
receive a grant under this part for any fiscal year shall submit an 
application to the Secretary at such time and in such manner as the 
Secretary may require.
    (c) Local Subgrants.--
            (1) In general.--Each State educational agency that 
        receives a grant award under this Act shall award not less than 
        99.75 of such amount to provide subgrants to local educational 
        agencies.
            (2) Local application.--Each Local educational agency that 
        wishes to receive a subgrant under this part for any fiscal 
        year shall submit an application to the State educational 
        agency at such time and in such manner as the State educational 
        agency may require.

SEC. 3. ALLOCATION.

    (a) In General.--
            (1) State allocation.--The Secretary shall allocate the 
        amount available to carry out this Act and not reserved under 
        subsection (b)(1) to each of the States as follows:
                    (A) Fifty percent shall be allocated among such 
                States on the basis of their relative populations of 
                students in grades 9 through 12, as determined by the 
                Secretary on the basis of the most recent satisfactory 
                data.
                    (B) Fifty percent shall be allocated among such 
                States in accordance with the relative amounts such 
                States received under part A of title I of the 
                Elementary and Secondary Education Act of 1965 for the 
                preceding fiscal year.
            (2) Local allocation.--The State shall allocate the 
        remaining amount available to carry out this Act and not 
        reserved under subsection (b) to each of the local educational 
        agencies in such State as follows:
                    (A) 50 percent shall be allocated among such local 
                educational agencies on the basis of their relative 
                populations of students in grades 9 through 12, as 
                determined by the Secretary on the basis of the most 
                recent satisfactory data.
                    (B) 50 percent shall be allocated among such local 
                educational agencies in accordance with the relative 
                amounts such jurisdictions received under part A of 
                title I of the Elementary and Secondary Education Act 
                of 1965 for the preceding fiscal year.
            (3) Reallocation.--If any State does not apply for an 
        allotment under paragraph (1) or a local educational agency 
        does not apply for an allotment under paragraph (2) for any 
        fiscal year, the Secretary or the State, as appropriate, shall 
        reallocate such amount to the remaining jurisdictions in 
        accordance with paragraph (1) or (2), as appropriate.
    (b) Administrative Costs.--
            (1) Secretary.--The Secretary may reserve the lesser of 
        $200,000 or 0.10 percent of the total amount appropriated to 
        carry out this Act in each fiscal year for the costs of 
        administration.
            (2) State educational agencies.--Each State educational 
        agency may reserve not more than 0.25 percent of any grant 
        funds received under this Act in each fiscal year for the costs 
        of administration.
            (3) Local educational agencies.--Each local educational 
        agency may reserve not more than 4 percent of any grant funds 
        received under this Act in each fiscal year for the costs of 
        administration.

SEC. 4. REQUIREMENTS AND OPTIONAL ACTIVITIES.

    (a) In General.--Each local educational agency that receives a 
grant under this Act shall certify to the State educational agency 
that--
            (1) funds received under this Act shall be used in 
        accordance with subsection (b);
            (2) the agency shall develop a plan to implement a drug 
        testing and counseling program; and
            (3) before implementation, any drug testing and counseling 
        plan or subsequent amendment to such plan shall be considered a 
        public document and made available to the public for review, 
        not later than 30 days after such plan or amendment is 
        available.
    (b) Uses of Funds.--A local educational agency that receives a 
grant under this Act shall utilize such funds to provide, either 
directly or through contract with outside sources, the following:
            (1) 50 percent of funds allocated under section 3 shall be 
        used to perform drug testing for each student in grades 9 
        through 12 for which the agency has received parental 
        permission, not less than once each year. Such testing shall, 
        at a minimum, include a drug screening for marijuana, 
        amphetamines, phencyclidine (PCP), opiates, and cocaine.
            (2) 50 percent of funds allocated under section 3 shall be 
        used to provide counseling services to any high school student 
        who receives a positive test result with such services 
        continuing during the school year until a parent withdraws 
        permission for such counseling.
    (c) Testing Requirements.--A local educational agency that receives 
a grant under this Act shall implement policies regarding drug testing 
as follows:
            (1) In the case of any student who receives a positive drug 
        test result for the first time during that school year, an 
        additional drug test shall be administered.
            (2) In the case of any student who receives a second 
        positive drug test result, additional drug tests will be 
        provided every 4 to 6 weeks until the parents of the student 
        withdraw permission for drug testing.

SEC. 5. GENERAL REQUIREMENTS.

    (a) Reporting of Test Results.--Each local educational agency that 
receives funds under this Act shall inform parents in detail regarding 
the random testing program and the counseling program to ensure that--
            (1) at the beginning of each school year parents are 
        notified of the option to enroll their child in the random drug 
        testing program and informed of the counseling program and 
        services offered through the program; and
            (2) parents are notified, on a timely basis, regarding--
                    (A) the positive results of any drug test of their 
                child who participates in the program; and
                    (B) the refusal of their child to take a drug test 
                or participate in the counseling program, if 
                applicable.
    (b) Confidentiality.--The local educational agency shall develop 
and enforce standards designed to protect the confidentiality of all 
student test results with the results of such tests released only to 
the parents of a student. No other public or private entity may receive 
or have access to drug testing results. No law enforcement agency shall 
have access to drug testing results. States shall develop policies 
dealing with violations of confidentiality.

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``parent'' includes a legal guardian or other 
        person standing in loco parentis;
            (2) the term ``Secretary'' means the Secretary of 
        Education; and
            (3) the term ``State'' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, and Guam.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $1,000,000,000 to carry out 
this Act for each of fiscal years 1999 through 2003.

SEC. 8. AMENDMENT TO ESEA.

    (a) Amendment.--Part E of title XIV of the Elementary and Secondary 
Education Act of 1965 is amended by adding at the end the following:

``SEC. 14515. RANDOM DRUG TESTING AND COUNSELING.

    ``Any local educational agency that receives funds under this Act 
shall implement a drug testing and counseling program that meets the 
requirements of the `Empowering Parents to Fight Drugs Act of 1998.'''.
    (b) Effective Date.--A local educational agency shall implement a 
drug testing and counseling program referred to in section 14515 of the 
Elementary and Secondary Education Act of 1965 not later than the 
school year beginning 1 year after the date of the enactment of this 
Act.