I 

108TH CONGRESS 

2D SESSION H. R. 3720

To authorize the Secretary of Education to make grants to local educational 

agencies and private schools to establish drug-free school demonstration 

programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 21, 2004

Mr. PETERSON of Pennsylvania (for himself, Mr. OSBORNE, and Mr. SOUDER) 

introduced the following bill; which was referred to the Committee on 

Education and the Workforce 

A BILL

To authorize the Secretary of Education to make grants 

to local educational agencies and private schools to establish drug-free school demonstration programs, and for 

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Empowering Parents 

5 and Teachers for a Drug-Free Education Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 
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1 (1) Fifty-four percent of high school seniors in 

2 2001 had used an illicit drug in their lifetime. 

3 (2) Forty-two percent of 12th graders, 37 per4 cent of 10th graders, and 20 percent of 8th graders 

5 in 2001 had used an illicit drug in the past year. 

6 (3) Eighty percent of 12th graders, 70 percent 

7 of 10th graders, and 51 percent of 8th graders in 

8 2001 had used alcohol in their lifetime. 

9 (4) Sixty-four percent of 12th graders, 48 per10 cent of 10th graders, and 23 percent of 8th graders 

11 in 2001 had been intoxicated. 

12 (5) Use of 3,4-methylenedioxy methamphet13 amine (commonly referred to as ‘‘MDMA’’ or ‘‘ec14 stasy’’) by 12th graders increased from 6 percent in 

15 1998 to 11.7 percent in 2001. 

16 (6) Schoolchildren who use and abuse addictive 

17 illicit drugs or alcohol increase the risk to the health 

18 and safety of all students and impact the learning 

19 environment of the school because—

20 (A) use of illicit drugs or alcohol can lead 

21 to serious health effects, the development of 

22 life-threatening diseases, and even death; 

23 (B) use of illicit drugs like marijuana or 

24 ecstasy kills brain cells in the learning centers 
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1 of the brain, directly impacting a student’s abil2 ity to learn in school; 

3 (C) chemicals left in the central nervous 

4 system after using marijuana cause the brain to 

5 be irritated and uncontrollable, resulting in dis6 ruptive behavior in the classroom; 

7 (D) students who smoke cigarettes or use 

8 other illicit drugs have been shown to have less 

9 desire to learn, resulting in lower grade point 

10 averages when compared to other students; and 

11 (E) students who use illicit drugs or alco12 hol have a higher rate of breaking school rules. 

13 SEC. 3. DRUG-FREE SCHOOL DEMONSTRATION PROGRAMS. 

14 (a) DEMONSTRATION PROGRAMS.—Part A of title IV 

15 of the Elementary and Secondary Education Act of 1965 

16 (20 U.S.C. 7101 et seq.; also known as the ‘‘Safe and 

17 Drug-Free Schools and Communities Act’’) is amended—

18 (1) by redesignating subpart 4 as subpart 5; 

19 and 

20 (2) by inserting after subpart 3 the following: 
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1 ‘‘Subpart 4—Drug-Free School Demonstration 

2 Programs 

3 ‘‘SEC. 4145. DRUG-FREE SCHOOL DEMONSTRATION PRO4 GRAMS. 

5 ‘‘(a) GRANTS.—The Secretary may make grants to 

6 local educational agencies and private schools to establish 

7 drug-free school demonstration programs described in sub8 section (b). 

9 ‘‘(b) REQUIREMENTS.—A grant may be made under 

10 subsection (a) only if the local educational agency or pri11 vate school involved agrees to use the funds received under 

12 the grant to establish a drug-free school demonstration 

13 program that—

14 ‘‘(1) includes, consistent with the fourth amend15 ment to the Constitution of the United States, ran16 dom drug testing of students; 

17 ‘‘(2) requires that any such testing be con18 ducted using only drug tests approved by the Food 

19 and Drug Administration; 

20 ‘‘(3) requires that any analysis of such testing 

21 be conducted by a drug-testing laboratory certified 

22 by the Substance Abuse and Mental Health Services 

23 Administration, or approved by the College of Amer24 ican Pathologists, for forensic drug testing; 

25 ‘‘(4) requires a review of each positive test re26 sult by a medical review officer; 
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1 ‘‘(5) prohibits any disclosure to law enforce2 ment officials of the results of the random drug test3 ing; 

4 ‘‘(6) requires that drug-testing records be kept 

5 strictly confidential in accordance with subsection 

6 (c); 

7 ‘‘(7) requires, upon the submission of a report 

8 by a medical review officer under subsection (c)(3) 

9 relating to a preliminary positive test result, the de10 struction of all records relating to the result if the 

11 medical review officer does not confirm the result; 

12 ‘‘(8) requires the destruction of all records re13 lating to drug or alcohol testing of a student when 

14 the student graduates or otherwise leaves the local 

15 educational agency or private school involved; 

16 ‘‘(9) ensures that the parents of the students to 

17 be tested are informed in detail about the random 

18 drug-testing program; 

19 ‘‘(10) provides parents the right to withdraw 

20 their child from participation in the random drug21 testing program, and ensures that parents receive 

22 notification of such right at the beginning of every 

23 school year; 

24 ‘‘(11) includes a clear, written policy on school 

25 behavior that—
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1 ‘‘(A) prohibits students from attending 

2 school or school activities under the influence of 

3 illegal drugs or alcohol; 

4 ‘‘(B) prohibits the use or possession of ille5 gal drugs in school; and 

6 ‘‘(C) sets forth the consequences of vio7 lating the prohibitions described in subpara8 graphs (A) and (B); 

9 ‘‘(12) provides drug and alcohol abuse preven10 tion training for a total of not less than 2 hours for 

11 each student and staff member of the local edu12 cational agency or private school involved; 

13 ‘‘(13) provides student access to a student as14 sistance program, including confidential assessment, 

15 referral, and short-term problem resolution; and 

16 ‘‘(14) provides continuing alcohol, tobacco, and 

17 drug abuse prevention education. 

18 ‘‘(c) PRIVACY PROTECTION.—Each drug-free school 

19 demonstration program established with assistance made 

20 available under this section shall—

21 ‘‘(1) include, as reasonably necessary and ap22 propriate, practices and procedures to ensure the 

23 confidentiality of student drug test results and of 

24 any participation by a student in a treatment or re25 habilitation program; 
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1 ‘‘(2) prohibit the mandatory disclosure of med2 ical information by a student unless the student 

3 tests positive for drugs; and 

4 ‘‘(3) require a medical review officer reviewing 

5 student drug test results to report the final results 

6 of such tests in writing and in a manner designed 

7 to ensure the confidentiality of the results. 

8 ‘‘(d) TECHNICAL ASSISTANCE.—To the extent or in 

9 the amounts provided in advance in appropriations Acts, 

10 the Secretary may enter into contracts with public and 

11 private entities to provide assistance related to carrying 

12 out the drug-free school demonstration programs estab13 lished pursuant to this section. 

14 ‘‘(e) APPLICATIONS.—To seek a grant under this sec15 tion, a local educational agency or private school shall sub16 mit an application to the Secretary at such time, in such 

17 manner, and containing such information as the Secretary 

18 may require. 

19 ‘‘(f) DEFINITIONS.—For purposes of this section: 

20 ‘‘(1) The term ‘medical review officer’—

21 ‘‘(A) means a licensed physician with 

22 knowledge of substance abuse disorders; and 

23 ‘‘(B) does not include any—

24 ‘‘(i) employee of the school involved; 

25 or 
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1 ‘‘(ii) employee or agent of, or any per2 son having a financial interest in, the lab3 oratory for which the drug test results are 

4 being reviewed. 

5 ‘‘(2) The term ‘student’ means any individual 

6 enrolled on school records as eligible to attend, or 

7 actually attending, school for educational purposes 

8 in any of grades 8 through 12.’’. 

9 (b) REPORT.—Not later than 18 months after the 

10 date of the enactment of this Act, the Secretary of Edu11 cation shall submit to the Congress a report on the results 

12 of the drug-free school demonstration programs estab13 lished with assistance under this section. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 4003 of the Elementary and Secondary Education Act of 

16 1965 (20 U.S.C. 7103) is amended—

17 (1) in paragraph (1), by striking ‘‘and’’ at the 

18 end; 

19 (2) in paragraph (2), by striking the period at 

20 the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(3) $25,000,000 for fiscal year 2005, and for 

23 each of fiscal years 2006 and 2007, for drug-free 

24 school demonstration programs under subpart 4.’’. 
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1 (d) CONFORMING AMENDMENT.—The table of con2 tents at section 2 of the Elementary and Secondary Edu3 cation Act of 1965 is amended—

4 (1) by redesignating the item relating to sub5 part 4 of part A of title IV as the item relating to 

6 subpart 5 of part A of title IV; and 

7 (2) by inserting after the item relating to sec8 tion 4141 the following:

‘‘SUBPART 4—DRUG-FREE SCHOOL DEMONSTRATION PROGRAMS

‘‘4145. Drug-free school demonstration programs.’’.

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