II

103D CONGRESS

1ST SESSION S. 1446

To help schools achieve the sixth goal of the National Education Goals,

which provides that by the year 2000, every school in America will

be free of drugs and violence and will offer a disciplined environment

conducive to learning, by supporting school and communitywide efforts

to make schools and neighborhoods safe and drug free.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 9 (legislative day, SEPTEMBER 7), 1993

Mr. WOFFORD introduced the following bill; which was read twice and referred

to the Committee on Labor, and Human Resources

A BILL

To help schools achieve the sixth goal of the National Education Goals, which provides that by the year 2000,

every school in America will be free of drugs and violence

and will offer a disciplined environment conducive to

learning, by supporting school and communitywide efforts to make schools and neighborhoods safe and drug

free.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SAFE AND DRUG-FREE SCHOOLS AND COMMU2 NITIES.

3 Title V of the Elementary and Secondary Education

4 Act of 1965 (20 U.S.C. 3171 et seq.) is amended to read

5 as follows:

6 ‘‘TITLE V—SAFE AND DRUG-FREE

7 SCHOOLS AND COMMUNITIES

8 ‘‘SEC. 5001. FINDINGS.

9 ‘‘The Congress finds that—

10 ‘‘(1) The sixth goal of the National Education

11 Goals provides that by the year 2000, all schools in

12 America will be free of drugs and violence and offer

13 a disciplined environment that is conducive to learn14 ing.

15 ‘‘(2) The widespread use of alcohol and other

16 drugs among the Nation’s secondary school stu17 dents, and increasingly by students in elementary

18 schools as well, constitutes a grave threat to such

19 students’ physical and mental well-being, and signifi20 cantly impedes the learning process. For example,

21 data show that students who drink tend to receive

22 lower grades and are more likely to miss school be23 cause of illness than students who do not drink.

24 ‘‘(3) Our Nation’s schools and communities are

25 increasingly plagued by violence and crime. Approxi26 mately 3,000,000 thefts and violent crimes occur in
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1 or near our Nation’s schools every year, the equiva2 lent of more than 16,000 incidents per school day.

3 Approximately 1 of every 5 high school students now

4 carries a firearm, knife, or club on a regular basis.

5 ‘‘(4) The tragic consequences of violence and

6 the illegal use of alcohol and other drugs by students

7 are felt not only by students and such students’ fam8 ilies, but by such students’ communities and the Na9 tion, which can ill afford to lose such students’

10 skills, talents, and vitality.

11 ‘‘(5) Alcohol and tobacco (nicotine) are the

12 most widely used drugs among young people today.

13 Both of these drugs can, and do, have adverse con14 sequences for users, their families, communities,

15 schools, and colleges. Drug prevention programs for

16 youth that address only controlled drugs send an er17 roneous message that alcohol and tobacco do not

18 present significant problems, or that society is will19 ing to overlook their use. To be credible, messages

20 opposing illegal drug use by youth should address all

21 drugs.

22 ‘‘(6) Drug and violence prevention programs

23 are essential components of a comprehensive strat24 egy to promote school safety and to reduce the de25 mand for and use of drugs throughout the Nation.
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1 Schools and local organizations in communities

2 throughout the Nation have a special responsibility

3 to work together to combat the growing epidemic of

4 violence and illegal drug use and should measure the

5 success of their programs against clearly defined

6 goals and objectives.

7 ‘‘(7) Students must take greater responsibility

8 for their own well-being, health, and safety if schools

9 and communities are to achieve their goals of provid10 ing a safe, disciplined, and drug-free learning envi11 ronment.

12 ‘‘SEC. 5002. PURPOSE.

13 ‘‘The purpose of this title is to support programs to

14 meet the sixth goal of the National Educational Goals by

15 preventing violence in and around schools and by strength16 ening programs that prevent the illegal use of alcohol and

17 other drugs, involve parents, and are coordinated with re18 lated Federal, State, and community efforts and re19 sources, through the provision of Federal assistance to—

20 ‘‘(1) States for grants to local and intermediate

21 educational agencies and consortia to establish, oper22 ate, and improve local programs of school drug and

23 violence prevention, early intervention, rehabilitation

24 referral, and education in elementary and secondary
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1 schools (including intermediate and junior high

2 schools);

3 ‘‘(2) States for grants to, and contracts with,

4 community-based organizations and other public and

5 private nonprofit agencies and organizations for pro6 grams of drug and violence prevention, early inter7 vention, rehabilitation referral, and education;

8 ‘‘(3) States for development, training, technical

9 assistance, and coordination activities;

10 ‘‘(4) institutions of higher education to estab11 lish, operate, expand, and improve programs of

12 school drug and violence prevention, education, and

13 rehabilitation referral for students enrolled in col14 leges and universities;

15 ‘‘(5) a national center to provide training and

16 technical assistance to institutions providing post17 secondary education in developing and implementing

18 model programs and strategies to prevent violence

19 and illegal drug use by students at such institutions;

20 and

21 ‘‘(6) public and private nonprofit organizations

22 to conduct training, demonstrations, research, and

23 evaluation, and to provide supplementary services

24 for the prevention of drug use and violence among

25 students and youth.
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1 ‘‘SEC. 5003. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated—

3 ‘‘(1) such sums as may be necessary for each

4 of fiscal years 1995 through 1999 for State grants

5 under part A;

6 ‘‘(2) such sums as may be necessary for each

7 of fiscal years 1995 through 1999 for postsecondary

8 programs under part B; and

9 ‘‘(3) such sums as may be necessary for each

10 of fiscal years 1995 through 1999 for national pro11 grams under part C.

12 ‘‘PART A—STATE GRANTS FOR DRUG AND

13 VIOLENCE PREVENTION PROGRAMS

14 ‘‘SEC. 5101. RESERVATIONS AND ALLOTMENTS.

15 ‘‘(a) RESERVATIONS.—From the amount appro16 priated for each fiscal year pursuant to the authority of

17 section 5003(1), the Secretary—

‘‘(1) shall reserve not more than 1 18 ⁄2 of 1 per19 cent of such amount for grants under this part to

20 Guam, American Samoa, the Virgin Islands, the

21 Commonwealth of the Northern Mariana Islands,

22 and Palau (until the effective date of the Compact

23 of Free Association with the Government of Palau),

24 to be allotted in accordance with the Secretary’s de25 termination of their respective needs;
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1 ‘‘(2) shall reserve not more than 1 percent of

2 such amount for the Secretary of the Interior to

3 carry out programs under this part for Indian youth;

4 and

5 ‘‘(3) may reserve not more than $1,000,000 for

6 the national impact evaluation required by section

7 5108(a).

8 ‘‘(b) STATE ALLOTMENTS.—

9 ‘‘(1) IN GENERAL.—Except as provided under

10 paragraph (2), the Secretary shall, for each fiscal

11 year, allocate among the States—

12 ‘‘(A) one-half of the remainder not re13 served under subsection (a) according to the

14 ratio between the school-aged population of

15 each State and the school-aged population of all

16 the States; and

17 ‘‘(B) one-half of such remainder according

18 to the ratio between the amount each State re19 ceived under chapter 1 of title I of this Act for

20 the preceding year (or, for fiscal year 1995

21 only, sections 1005 and 1006 of this Act as in

22 effect on the day before enactment of the Im23 proving America’s Schools Act of 1993) and the

24 sum of such amounts received by all the States.
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1 ‘‘(2) MINIMUM.—For any fiscal year, no State

2 shall be allotted under this subsection an amount

that is less than 1 3 ⁄2 of 1 percent of the total amount

4 allotted to all the States under this subsection.

5 ‘‘(3) REALLOTMENT.—The Secretary may

6 reallot any amount of any allotment to a State if the

7 Secretary determines that the State will be unable to

8 use such amount within 2 years of such allotment.

9 Such reallotments may be made on whatever basis

10 the Secretary determines would best serve the pur11 poses of this title.

12 ‘‘(4) DEFINITION.—For the purpose of this

13 subsection, the term ‘State’ means each of the 50

14 States, the District of Columbia, and the Common15 wealth of Puerto Rico.

16 ‘‘SEC. 5102. STATE DRUG AND VIOLENCE PREVENTION CO17 ORDINATING COUNCIL.

18 ‘‘(a) ESTABLISHMENT OF COUNCIL.—No State may

19 receive its allotment under section 5101 unless its chief

20 executive officer establishes a State Drug and Violence

21 Prevention Coordinating Council (hereafter in this part re22 ferred to as the ‘Council’) (or designates an existing body

23 to perform the functions of such a Council) to advise him

24 or her and the chief State school officer on the develop-
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1 ment and implementation of the State’s application under

2 section 5103.

3 ‘‘(b) MEMBERSHIP.—

4 ‘‘(1) IN GENERAL.—The chief executive officer,

5 the chief State school officer, the head of the State

6 alcohol and drug abuse agency, the heads of the

7 State health and mental health agencies, and the

8 head of the State criminal justice planning agency,

9 or their designees, shall be members of the Council.

10 ‘‘(2) ADDITIONAL MEMBERS.—The chief execu11 tive officer shall also appoint representatives of other

12 appropriate State agencies or offices as members of

13 the Council.

14 ‘‘(c) FUNCTIONS OF COUNCIL.—The Council estab15 lished or designated under this section shall—

16 ‘‘(1) review and comment on the development of

17 the State’s application under section 5103, including

18 the chief executive officer’s and State educational

19 agency’s comprehensive plans under subsections (b)

20 and (c) of section 5103;

21 ‘‘(2) disseminate information about drug and

22 violence prevention initiatives within the State, in23 cluding programs funded under sections 5104 and

24 5105;
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1 ‘‘(3) advise the chief executive officer and the

2 State educational agency on how to coordinate the

3 State’s activities under this part with other available

4 resources; and

5 ‘‘(4) advise the chief executive officer and the

6 State educational agency on the planning and imple7 mentation of program evaluation activities and make

8 recommendations on how to improve the State’s pro9 gram, including the formulation of measurable goals.

10 ‘‘SEC. 5103. STATE APPLICATIONS.

11 ‘‘(a) IN GENERAL.—In order to receive its allotment

12 under section 5101 for any fiscal year, a State shall sub13 mit to the Secretary, at such time as the Secretary may

14 require, an application that—

15 ‘‘(1)(A)(i) is integrated into the State’s plan, ei16 ther approved or being developed, under title III of

17 the Goals 2000: Educate America Act, and satisfies

18 the requirements of this section that are not already

19 addressed by that plan; and

20 ‘‘(ii) is submitted, if necessary, as an amend21 ment to the State’s plan under title III of the Goals

22 2000: Education America Act; or

23 ‘‘(B) if the State does not have an approved

24 plan under title III of the Goals 2000: Educate

25 America Act and is not developing such a plan, is
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1 integrated with other State plans under this Act and

2 satisfies the requirements of this section;

3 ‘‘(2) contains the results of the State’s needs

4 assessment for drug and violence prevention pro5 grams, which shall be based on the results of ongo6 ing State evaluation activities, including data on the

7 prevalence of drug use and violence by youth in

8 schools and communities;

9 ‘‘(3) contains a list of the members, and the in10 terests or organizations such members represent, of

11 the State Drug and Violence Prevention Coordinat12 ing Council;

13 ‘‘(4) contains a description of the procedures

14 the State educational agency will use to review appli15 cations from local educational agencies under section

16 5106;

17 ‘‘(5) contains an assurance that the State will

18 cooperate with, and assist, the Secretary in conduct19 ing a national impact evaluation of programs re20 quired by section 5108(a); and

21 ‘‘(6) includes any other information the Sec22 retary may require.

23 ‘‘(b) GOVERNOR’S FUNDS.—A State’s application

24 under this section shall also contain a comprehensive plan
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1 for the use of funds under section 5104(a) by the chief

2 executive officer that includes—

3 ‘‘(1) a statement of the chief executive officer’s

4 measurable goals and objectives for drug and vio5 lence prevention and a description of the procedures

6 to be used for assessing and publicly reporting

7 progress toward meeting those goals and objectives;

8 ‘‘(2) a description of how the chief executive of9 ficer will coordinate his or her activities under this

10 part with the State educational agency and other

11 State agencies and organizations involved with drug

12 and violence prevention efforts;

13 ‘‘(3) a description of how funds reserved under

14 section 5104(a) will be used so as not to duplicate

15 the efforts of the State educational agency and local

16 educational agencies with regard to the provision of

17 school-based prevention efforts and services and how

18 those funds will be used to serve populations not

19 normally served by the State educational agency,

20 such as school dropouts and youth in detention cen21 ters;

22 ‘‘(4) a description of how the chief executive of23 ficer will award funds under section 5104(a) and a

24 plan for monitoring the performance of, and provid-
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1 ing technical assistance to, recipients of such funds;

2 and

3 ‘‘(5) a description of how funds will be used to

4 support communitywide comprehensive drug and vio5 lence prevention planning.

6 ‘‘(c) STATE EDUCATIONAL AGENCY FUNDS.—A

7 State’s application under this section shall also contain a

8 comprehensive plan for the use of funds under section

9 5105(a) by the State educational agency that includes—

10 ‘‘(1) a statement of the State educational agen11 cy’s measurable goals and objectives for drug and vi12 olence prevention and a description of the proce13 dures such agency will use for assessing and publicly

14 reporting progress toward meeting those goals and

15 objectives;

16 ‘‘(2) a plan for monitoring the implementation

17 of, and providing technical assistance regarding, the

18 drug and violence prevention programs conducted by

19 local educational agencies in accordance with section

20 5107;

21 ‘‘(3) a description of how the State educational

22 agency will use funds such agency reserves under

23 section 5105(b);

24 ‘‘(4) a description of how the State educational

25 agency will coordinate such agency’s activities under
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1 this part with the chief executive officer’s drug and

2 violence prevention programs under this part and

3 with the prevention efforts of other State agencies;

4 and

5 ‘‘(5) an explanation of the criteria the State

6 educational agency will use to identify which local

7 educational agencies receive supplemental funds

8 under section 5105(d)(2)(A)(ii) and how the supple9 mental funds will be allocated among those local

10 educational agencies.

11 ‘‘(d) PEER REVIEW.—The Secretary shall use a peer

12 review process in reviewing State applications under this

13 section.

14 ‘‘(e) INTERIM APPLICATION.—Notwithstanding any

15 other provisions of this section, a State may submit for

16 fiscal year 1995 a 1-year interim application and plan for

17 the use of funds under this part that are consistent with

18 the requirements of this section and contain such informa19 tion as the Secretary may specify in regulations. The pur20 pose of such interim application and plan shall be to afford

21 the State the opportunity to fully develop and review the

22 State’s application and comprehensive plan otherwise re23 quired by this section. A State may not receive a grant

24 under this part for a fiscal year subsequent to fiscal year
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1 1995 unless the Secretary has approved the State’s appli2 cation and comprehensive plan.

3 ‘‘SEC. 5104. GOVERNOR’S PROGRAMS.

4 ‘‘(a) USE OF FUNDS.—

5 ‘‘(1) IN GENERAL.—An amount equal to 20

6 percent of the total amount allocated to a State

7 under section 5101 for each fiscal year shall be used

8 by the chief executive officer of such State for drug

9 and violence prevention programs and activities in

10 accordance with this section.

11 ‘‘(2) ADMINISTRATION.—A chief executive offi12 cer may use not more than 5 percent of the amount

13 reserved under subsection (a)(1) for the administra14 tive costs incurred in carrying out the duties of such

15 officer under this section, including the cost of the

16 State Drug and Violence Prevention Coordinating

17 Council under section 5102(a).

18 ‘‘(b) PROGRAMS AUTHORIZED.—

19 ‘‘(1) IN GENERAL.—A chief executive officer

20 shall use funds reserved under subsection (a)(1) for

21 awarding grants to or entering into contracts with

22 parent groups, community action and job training

23 agencies, community-based organizations, and other

24 public entities and private nonprofit organizations.

25 Such grants or contracts shall support programs and
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1 activities described in subsection (c) for children and

2 youth who are not normally served by State or local

3 educational agencies, for populations that need spe4 cial services or additional resources (such as pre5 schoolers, youth in juvenile detention facilities, run6 away or homeless children and youth, and dropouts),

7 or both.

8 ‘‘(2) PEER REVIEW.—Grants or contracts

9 awarded under this subsection shall be subject to a

10 peer review process.

11 ‘‘(c) AUTHORIZED ACTIVITIES.—Grants and con12 tracts under subsection (b) shall be used for programs and

13 activities such as—

14 ‘‘(1) disseminating information about drug and

15 violence prevention;

16 ‘‘(2) training parents, law enforcement officials,

17 judicial officials, social service providers, health serv18 ice providers and community leaders about drug and

19 violence prevention, education, early intervention,

20 counseling, or rehabilitation referral;

21 ‘‘(3) developing and implementing comprehen22 sive, community-based drug and violence prevention

23 programs that link community resources with

24 schools and integrate services involving education,

25 vocational and job skills training, law enforcement,
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1 health, mental health, and other appropriate serv2 ices;

3 ‘‘(4) planning and implementing drug and vio4 lence prevention activities that coordinate the efforts

5 of State agencies with those of the State educational

6 agency and its local educational agencies;

7 ‘‘(5) activities to protect students traveling to

8 and from school;

9 ‘‘(6) developing and implementing strategies to

10 prevent illegal gang activity;

11 ‘‘(7) coordinating and conducting community12 wide violence and safety assessments and surveys;

13 and

14 ‘‘(8) evaluating programs and activities under

15 this section.

16 ‘‘SEC. 5105. STATE AND LOCAL EDUCATIONAL AGENCY PRO17 GRAMS.

18 ‘‘(a) USE OF FUNDS.—An amount equal to 80 per19 cent of the total amount allocated to a State under section

20 5101 for each fiscal year shall be used by the State edu21 cational agency and its local educational agencies for drug

22 and violence prevention activities in accordance with this

23 section.

24 ‘‘(b) STATE LEVEL PROGRAMS.—
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1 ‘‘(1) IN GENERAL.—A State educational agency

2 shall use not more than 5 percent of the amount re3 served under subsection (a) for activities such as—

4 ‘‘(A) training and technical assistance con5 cerning drug and violence prevention for local

6 and intermediate educational agencies, includ7 ing teachers, administrators, coaches and ath8 letic directors, other educational personnel, par9 ents, students, community leaders, health serv10 ice providers, local law enforcement officials,

11 and judicial officials;

12 ‘‘(B) the development, identification, dis13 semination and evaluation of the most readily

14 available, accurate, and up-to-date curriculum

15 materials, for consideration by local educational

16 agencies;

17 ‘‘(C) demonstration projects in drug and

18 violence prevention;

19 ‘‘(D) financial assistance to enhance re20 sources available for drug and violence preven21 tion in areas serving large numbers of economi22 cally disadvantaged children or sparsely popu23 lated areas, or to meet other special needs con24 sistent with the purposes of this part; and
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1 ‘‘(E) evaluation activities required by this

2 part.

3 ‘‘(2) SPECIAL RULE.—A State educational

4 agency may carry out activities under this subsection

5 directly, or through grants or contracts.

6 ‘‘(c) STATE ADMINISTRATION.—A State educational

7 agency may use not more than 5 percent of the amount

8 reserved under subsection (a) for the administrative costs

9 of carrying out such agency’s responsibilities under this

10 part.

11 ‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—

12 ‘‘(1) IN GENERAL.—A State educational agency

13 shall distribute not less than 90 percent of the

14 amount reserved under subsection (a) for each fiscal

15 year to local educational agencies in accordance with

16 this subsection.

17 ‘‘(2) DISTRIBUTION.—(A) Of the amount dis18 tributed under paragraph (1), a State educational

19 agency shall distribute—

20 ‘‘(i) 70 percent of such amount to local

21 educational agencies, based on the relative en22 rollments in public and private nonprofit

23 schools within the boundaries of such local edu24 cational agencies; and
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1 ‘‘(ii) 30 percent of such amount to local

2 educational agencies that the State educational

3 agency determines have the greatest need for

4 additional funds to carry out drug and violence

5 prevention programs authorized by this part.

6 ‘‘(B)(i) A State educational agency shall dis7 tribute funds under subparagraph (A)(ii) to not

8 more than 10 percent of its local educational agen9 cies, or 5 such agencies, whichever is greater.

10 ‘‘(ii) In determining which local educational

11 agencies have the greatest need for additional funds,

12 the State educational agency shall consider factors

13 such as—

14 ‘‘(I) high rates of alcohol or other drug use

15 among youth;

16 ‘‘(II) high rates of victimization of youth

17 by violence and crime;

18 ‘‘(III) high rates of arrests and convictions

19 of youth for violent or drug- or alcohol-related

20 crime;

21 ‘‘(IV) the extent of illegal gang activity;

22 ‘‘(V) high rates of referrals of youths to

23 drug and alcohol abuse treatment and rehabili24 tation programs;
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1 ‘‘(VI) high rates of referrals of youths to

2 juvenile court; and

3 ‘‘(VII) high rates of expulsions and sus4 pensions of students from schools.

5 ‘‘(e) REALLOCATION OF FUNDS.—If a local edu6 cational agency chooses not to apply to receive the amount

7 allocated to such agency under subsection (d), or if its ap8 plication under section 5106 is disapproved by the State

9 educational agency, the State educational agency shall re10 allocate such amount to 1 or more of the local educational

11 agencies determined by the State educational agency

12 under subsection (d)(2)(B)(ii) to have the greatest need

13 for additional funds.

14 ‘‘SEC. 5106. LOCAL APPLICATIONS.

15 ‘‘(a) APPLICATION REQUIRED.—

16 ‘‘(1) IN GENERAL.—In order to be eligible to

17 receive a distribution under section 5105(d) for any

18 fiscal year, a local educational agency shall submit,

19 at such time as the State educational agency shall

20 require, an application to the State educational

21 agency for approval. Such an application shall be

22 amended, as necessary, to reflect changes in the

23 local educational agency’s program.

24 ‘‘(2) CONSULTATION.—(A) A local educational

25 agency shall develop its application under paragraph
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1 (1) in consultation with a local or substate regional

2 advisory council that includes, to the extent possible,

3 representatives of local government, business, par4 ents, students, teachers, appropriate State agencies,

5 private schools, the medical profession, law enforce6 ment, community-based organizations, and other

7 groups with interest and expertise in drug and vio8 lence prevention.

9 ‘‘(B) In addition to assisting the local edu10 cational agency to develop its application under this

11 section, the advisory council established or des12 ignated under subparagraph (A) shall, on an ongo13 ing basis—

14 ‘‘(i) disseminate information about drug

15 and violence prevention programs, projects, and

16 activities conducted within the boundaries of

17 the local educational agency;

18 ‘‘(ii) advise the local educational agency on

19 how best to coordinate its activities under this

20 part with—

21 ‘‘(I) other related programs, projects,

22 and activities; and

23 ‘‘(II) the agencies that administer

24 such programs, projects, and activities;

25 and
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1 ‘‘(iii) review program evaluations and other

2 relevant material and make recommendations to

3 the local educational agency on how to improve

4 such agency’s drug and violence prevention pro5 grams.

6 ‘‘(b) CONTENTS OF APPLICATIONS.—An application

7 under this section shall contain—

8 ‘‘(1) a needs assessment of the current alcohol,

9 tobacco, and other drug problems as well as the vio10 lence, safety, and discipline problems among stu11 dents who attend the schools of the applicant (in12 cluding private school students who participate in

13 the applicant’s drug and violence prevention pro14 gram) that is based on ongoing local assessment or

15 evaluation activities;

16 ‘‘(2) a detailed explanation of the local edu17 cational agency’s comprehensive plan for drug and

18 violence prevention, which shall include a description

19 of—

20 ‘‘(A) how that plan is consistent with, and

21 promotes the goals in, the State’s application

22 under section 5103 and the local educational

23 agency’s plan, either approved or being devel24 oped, under title III of the Goals 2000: Educate

25 America Act;
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1 ‘‘(B) the local educational agency’s meas2 urable goals for drug and violence prevention,

3 and a description of how such agency will as4 sess and publicly report progress toward attain5 ing these goals;

6 ‘‘(C) if the local educational agency intends

7 to use funds under this part to implement an

8 expanded drug and violence prevention program

9 under section 5107(c), an explanation of how

10 the local educational agency is already meeting

11 the requirements of a basic drug and violence

12 prevention program under section 5107(b), re13 gardless of the source of funds used;

14 ‘‘(D) how the local educational agency will

15 use its regular allocation under section

16 5105(d)(2)(A)(i) and its supplemental alloca17 tion, if any, under section 5105(d)(2)(A)(ii);

18 ‘‘(E) how the local educational agency will

19 coordinate its programs and projects with com20 munitywide efforts to achieve its goals for drug

21 and violence prevention; and

22 ‘‘(F) how the local educational agency will

23 coordinate its programs and projects with other

24 Federal, State, and local programs for drug-
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1 abuse prevention, including health programs;

2 and

3 ‘‘(3) such other information and assurances as

4 the State educational agency may reasonably re5 quire.

6 ‘‘(c) REVIEW OF APPLICATION.—

7 ‘‘(1) IN GENERAL.—A State educational agency

8 shall use a peer review process in reviewing local

9 educational agency applications under this section.

10 ‘‘(2) CONSIDERATIONS.—(A) In determining

11 whether to approve the application of a local edu12 cational agency under this section, a State edu13 cational agency shall consider the quality of the local

14 educational agency’s comprehensive plan under sub15 section (b)(2) and the extent to which such plan is

16 consistent with, and supports, the State’s application

17 under section 5103 and the State’s plan under the

18 Goals 2000: Educate America Act.

19 ‘‘(B) A State educational agency shall not per20 mit a local educational agency to use funds under

21 this part to implement an expanded drug and vio22 lence prevention program under section 5107(c) un23 less the State educational agency determines that

24 the local educational agency is already meeting (re25 gardless of the source of funds) the requirements of
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1 a basic drug and violence prevention program under

2 section 5107(b).

3 ‘‘(C) A State educational agency may dis4 approve a local educational agency application under

5 this section in whole or in part and may withhold,

6 limit, or place restrictions on the use of funds allot7 ted to such a local educational agency in a manner

8 the State educational agency determines will best

9 promote the purposes of this part or the State’s plan

10 under the Goals 2000: Educate America Act.

11 ‘‘SEC. 5107. LOCAL DRUG AND VIOLENCE PREVENTION PRO12 GRAMS.

13 ‘‘(a) USE OF FUNDS.—Except as permitted under

14 subsection (c), a local educational agency shall use funds

15 received under this part to adopt and implement a basic

16 drug and violence prevention program described under

17 subsection (b).

18 ‘‘(b) BASIC PROGRAM.—

19 ‘‘(1) IN GENERAL.—A basic drug and violence

20 prevention program under this part shall—

21 ‘‘(A) be designed, for all students and em22 ployees, to—

23 ‘‘(i) prevent the illegal use, possession,

24 and distribution of alcohol, tobacco, and

25 other drugs;
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1 ‘‘(ii) prevent violence and promote

2 school safety; and

3 ‘‘(iii) create a disciplined environment

4 conducive to learning;

5 ‘‘(B) include mandatory standards of con6 duct for students and employees, which clearly

7 describe the sanctions that will be imposed for

8 violations of the standards and which are dis9 tributed to all students, parents, and employees;

10 ‘‘(C) include, with respect to drug preven11 tion—

12 ‘‘(i) age-appropriate, developmentally

13 based education and prevention programs

14 for all students, from the early childhood

15 level through grade 12, that address the

16 legal, social, and health consequences of

17 the use of illegal drugs, promote a sense of

18 individual responsibility, and provide infor19 mation about effective techniques for re20 sisting peer pressure to use illegal drugs;

21 ‘‘(ii) professional development pro22 grams for school personnel who provide the

23 education and prevention programs re24 quired by clause (i);
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1 ‘‘(iii) activities to promote the involve2 ment of parents and coordination with

3 community groups and agencies, including

4 the distribution of information about the

5 local educational agency’s needs assess6 ments, goals, and programs under clause

7 (i); and

8 ‘‘(iv) the distribution of information

9 to all students and employees about re10 sources for drug and alcohol counseling,

11 rehabilitation, and reentry programs that

12 are available in the community; and

13 ‘‘(D) include, with respect to violence pre14 vention—

15 ‘‘(i) age-appropriate, developmentally

16 based education and prevention programs

17 for all students, from the early childhood

18 level through grade 12, that address the

19 legal, personal, and social consequences of

20 violent and disruptive behavior, including

21 sexual harassment, and that include activi22 ties designed to help students develop a

23 sense of individual responsibility and re24 spect for the rights of others, and to re25 solve conflicts without violence;
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1 ‘‘(ii) professional development pro2 grams for school personnel who provide the

3 education and prevention programs re4 quired by clause (i);

5 ‘‘(iii) activities to promote the involve6 ment of parents and coordination with

7 community groups and agencies, including

8 the distribution of information about the

9 local educational agency’s needs assess10 ment, goals and programs under clause (i);

11 and

12 ‘‘(iv) the distribution of information

13 to all students and employees about re14 sources for counseling, reentry, and con15 flict resolution that are available in the

16 community.

17 ‘‘(2) IMPLEMENTATION.—In implementing its

18 basic drug and violence prevention program under

19 this subsection or its expanded program under sub20 section (c), a local educational agency may use not

21 more than 33 percent of the funds such agency re22 ceives under this part for any fiscal year for—

23 ‘‘(A) minor remodeling to promote security

24 and reduce the risk of violence, such as remov-
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1 ing lockers, installing better lights, and upgrad2 ing locks; and

3 ‘‘(B) acquiring and installing metal detec4 tors and hiring security personnel.

5 ‘‘(c) EXPANDED PROGRAM.—

6 ‘‘(1) IN GENERAL.—A local educational agency

7 that demonstrates to the satisfaction of the State

8 educational agency that such agency has adopted

9 and implemented a basic drug and violence preven10 tion program described under subsection (b) may

11 use funds received under this part to supplement

12 such agency’s basic program, to carry out 1 or more

13 of the activities described in paragraph (2), or both.

14 ‘‘(2) ACTIVITIES.—A local educational agency

15 described in paragraph (1) may use funds received

16 under this part for—

17 ‘‘(A) programs of drug prevention, health

18 education, early intervention, counseling,

19 mentoring, or rehabilitation referral, which em20 phasize students’ sense of individual responsibil21 ity and may include—

22 ‘‘(i) the dissemination of information

23 about drug prevention;

24 ‘‘(ii) the training of school personnel,

25 parents, students, law enforcement offi-
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1 cials, judicial officials, health service pro2 viders, and community leaders in preven3 tion, education, early intervention, counsel4 ing, or rehabilitation referral; and

5 ‘‘(iii) the implementation of strategies,

6 including strategies to integrate the deliv7 ery of services from a variety of providers,

8 to combat illegal alcohol and other drug

9 use, such as—

10 ‘‘(I) family counseling;

11 ‘‘(II) early intervention activities

12 that prevent family dysfunction, en13 hance school performance, and boost

14 attachment to school and family; and

15 ‘‘(III) activities, such as commu16 nity service projects, that are designed

17 to increase students’ sense of commu18 nity;

19 ‘‘(B) violence prevention programs for

20 school-aged youth, which emphasize students’

21 sense of individual responsibility and may in22 clude—

23 ‘‘(i) the dissemination of information

24 about school safety and discipline;
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1 ‘‘(ii) the training of school personnel,

2 parents, law enforcement officials, judicial

3 officials, and community leaders in design4 ing and implementing strategies to prevent

5 school violence;

6 ‘‘(iii) the implementation of strategies,

7 such as conflict resolution and peer medi8 ation and the use of mentoring programs,

9 to combat school violence and other forms

10 of disruptive behavior, such as sexual har11 assment; and

12 ‘‘(iv) comprehensive, communitywide

13 strategies to prevent or reduce illegal gang

14 activity;

15 ‘‘(C) the promotion of before- and after16 school recreational, instructional, cultural, and

17 artistic programs in supervised community set18 tings; and

19 ‘‘(D) the evaluation of any of the activities

20 authorized by this subsection.

21 ‘‘SEC. 5108. EVALUATION AND REPORTING.

22 ‘‘(a) NATIONAL IMPACT EVALUATION.—The Sec23 retary, in consultation with the Secretary of Health and

24 Human Services, the Director of the Office of National

25 Drug Control Policy, and the Attorney General, shall con-
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1 duct an independent biennial evaluation of the national

2 impact of programs under this part and submit a report

3 of the findings of such evaluation to the President and

4 the Congress.

5 ‘‘(b) STATE REPORT.—

6 ‘‘(1) IN GENERAL.—By October 1, 1997, and

7 every 3 years thereafter, the chief executive officer

8 of the State, in cooperation with the State edu9 cational agency, shall submit to the Secretary a re10 port—

11 ‘‘(A) on the implementation and outcomes

12 of State programs under section 5104 and sec13 tion 5105(b) and local programs under section

14 5105(d), as well as an assessment of their effec15 tiveness; and

16 ‘‘(B) on the State’s progress toward at17 taining the State’s goals for drug and violence

18 prevention under subsections (b)(1) and (c)(1)

19 of section 5103.

20 ‘‘(2) REQUIREMENTS.—The report required by

21 this subsection shall be—

22 ‘‘(A) in the form specified by the Sec23 retary;

24 ‘‘(B) based on the State’s ongoing evalua25 tion activities, and shall include data on the
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1 prevalence of drug use and violence by youth in

2 schools and communities; and

3 ‘‘(C) made readily available to the public.

4 ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each

5 local educational agency receiving funds under this part

6 shall submit to the State educational agency whatever in7 formation, and at whatever intervals, the State requires

8 to complete the State report required by subsection (b),

9 including information on the prevalence of drug use and

10 violence by youth in the schools and the community. Such

11 information shall be made readily available to the public.

12 ‘‘PART B—POSTSECONDARY DRUG AND

13 VIOLENCE PREVENTION PROGRAMS

14 ‘‘SEC. 5201. GRANTS TO INSTITUTIONS OF HIGHER EDU15 CATION.

16 ‘‘(a) IN GENERAL.—From funds appropriated pursu17 ant to the authority of section 5003(2), the Secretary is

18 authorized to make grants to, or enter into contracts with,

19 institutions of higher education, or consortia of such insti20 tutions, for drug and violence prevention programs under

21 this section. Awards under this section shall support the

22 development, implementation, validation, and dissemina23 tion of model programs and strategies to promote the safe24 ty of students attending institutions of higher education
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1 by preventing violent behavior and the illegal use of alco2 hol and other drugs by such students.

3 ‘‘(b) APPLICATIONS.—An institution of higher edu4 cation, or consortium of such institutions, that desires to

5 receive an award under this section shall submit an appli6 cation to the Secretary at such time, in such manner, and

7 containing such information as the Secretary may reason8 ably require. The Secretary shall use a peer review process

9 for reviewing applications for funds under this section.

10 ‘‘(c) EQUITABLE PARTICIPATION.—The Secretary

11 shall make every reasonable effort to ensure the equitable

12 participation of private and public institutions of higher

13 education (including community and junior colleges), insti14 tutions of limited enrollment, and institutions in different

15 geographic regions.

16 ‘‘SEC. 5202. NATIONAL CENTER.

17 ‘‘From funds appropriated pursuant to the authority

18 of section 5003(2), the Secretary is authorized to support,

19 through a grant to, or a contract with, an institution of

20 higher education, a public or private nonprofit organiza21 tion, or a for-profit organization, a national center to pro22 vide training and technical assistance to institutions pro23 viding postsecondary education, including for-profit insti24 tutions, in developing, implementing, evaluating, validat25 ing, replicating, and disseminating model programs and
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1 strategies to prevent violence and the use of illegal drugs

2 by students at such institutions.

3 ‘‘PART C—NATIONAL PROGRAMS

4 ‘‘SEC. 5301. FEDERAL ACTIVITIES.

5 ‘‘(a) PROGRAM AUTHORIZED.—From funds appro6 priated pursuant to the authority of section 5003(3), the

7 Secretary of Education, in consultation with the Secretary

8 of Health and Human Services, the Director of the Office

9 of National Drug Control Policy, and the Attorney Gen10 eral, shall carry out programs to prevent the illegal use

11 of drugs and violence among, and promote safety and dis12 cipline for, students at all educational levels, including

13 prekindergarten through postsecondary. The Secretary

14 shall carry out such programs directly, or through grants,

15 contracts, or cooperative agreements with public and pri16 vate nonprofit organizations and individuals, or through

17 agreements with other Federal agencies, and shall coordi18 nate such programs with other appropriate Federal activi19 ties. Such programs may include—

20 ‘‘(1) the development and demonstration of in21 novative strategies for training school personnel,

22 parents, and members of the community, including

23 the demonstration of model preservice training pro24 grams for prospective school personnel;
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1 ‘‘(2) demonstrations and rigorous evaluations of

2 innovative approaches to drug and violence preven3 tion;

4 ‘‘(3) drug and violence prevention research that

5 is coordinated with other Federal agencies and is di6 rected toward improving programs and activities

7 under this title;

8 ‘‘(4) program evaluations that address issues

9 not addressed under section 5108(a);

10 ‘‘(5) direct services to schools and school sys11 tems afflicted with especially severe drug and vio12 lence problems;

13 ‘‘(6) activities in communities designated as

14 empowerment zones or enterprise communities that

15 will connect schools to communitywide efforts to re16 duce drug and violence problems;

17 ‘‘(7) developing and disseminating drug and

18 violence prevention materials, including model cur19 ricula; and

20 ‘‘(8) other activities that meet unmet national

21 needs related to the purposes of this title.

22 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

23 review process in reviewing applications for funds under

24 this section.
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1 ‘‘PART D—GENERAL PROVISIONS

2 ‘‘SEC. 5401. DEFINITIONS.

3 ‘‘For the purposes of this title, the following terms

4 have the following meanings:

5 ‘‘(1) DRUG AND VIOLENCE PREVENTION.—The

6 term ‘drug and violence prevention’ means—

7 ‘‘(A) with respect to drugs, prevention,

8 early intervention, rehabilitation referral, or

9 education related to the illegal use of alcohol

10 and tobacco (nicotine) and the use of controlled,

11 illegal, addictive, or harmful substances, includ12 ing inhalants and anabolic steroids; and

13 ‘‘(B) with respect to violence, the pro14 motion of school safety, such that students and

15 school personnel are free from violent and dis16 ruptive acts, including sexual harassment, on

17 school premises, going to and from school, and

18 at school-sponsored activities, through the cre19 ation and maintenance of a school environment

20 that is free of weapons and fosters individual

21 responsibility and respect for the rights of oth22 ers.

23 ‘‘(2) NONPROFIT.—The term ‘nonprofit’, as ap24 plied to a school, agency, organization, or institution

25 means a school, agency, organization, or institution

26 owned and operated by 1 or more nonprofit corpora-
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1 tions or associations, no part of the net earnings of

2 which inures, or may lawfully inure, to the benefit

3 of any private shareholder or individual.

4 ‘‘(3) SCHOOL-AGED POPULATION.—The term

5 ‘school-aged population’ means the population age 5

6 through 17, as determined by the Secretary on the

7 basis of the most recent satisfactory data available

8 from the Department of Commerce.

9 ‘‘(4) SCHOOL PERSONNEL.—The term ‘school

10 personnel’ includes teachers, administrators, guid11 ance counselors, social workers, psychologists,

12 nurses, librarians, and other support staff who are

13 employed by a school or who perform services for the

14 school on a contractual basis.

15 ‘‘SEC. 5402. MATERIALS.

16 ‘‘(a) WRONG AND HARMFUL MESSAGE.—Drug pre17 vention programs supported under this title shall convey

18 a clear and consistent message that the illegal use of alco19 hol and other drugs is wrong and harmful.

20 ‘‘(b) CURRICULUM.—The Secretary shall not pre21 scribe the use of specific curricula for programs supported

22 under this title, but may evaluate the effectiveness of such

23 curricula and other strategies in drug and violence preven24 tion.
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1 ‘‘SEC. 5403. PROHIBITED USES OF FUNDS.

2 ‘‘No funds under this title may be used for—

3 ‘‘(1) construction (except for minor remodeling

4 needed to accomplish the purposes of this part);

5 ‘‘(2) drug treatment or rehabilitation; and

6 ‘‘(3) psychiatric, psychological, or other medical

7 treatment or rehabilitation, other than school-based

8 counseling for students or school personnel who are

9 victims or witnesses of school-related crime.’’.

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