I

106TH CONGRESS

1ST SESSION H. R. 1735

To establish a grant program to enable local educational agencies to develop

and implement a random drug testing program for students in grades

7 through 12.

IN THE HOUSE OF REPRESENTATIVES

MAY 6, 1999

Mr. PETERSON of Pennsylvania (for himself and Mr. BARTON of Texas) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To establish a grant program to enable local educational

agencies to develop and implement a random drug testing

program for students in grades 7 through 12.

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 to Fight Drugs Act of 1999’’.

6 SEC. 2. GRANT AUTHORIZATION.

7 (a) STATE GRANTS.—

8 (1) IN GENERAL.—The Secretary is authorized

9 to provide grants to specially qualified agencies and
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1 to State educational agencies for use by local edu2 cational agencies in the State to develop and imple3 ment a random drug testing program for students in

4 grades 7 through 12.

5 (2) STATE APPLICATION.—Any State edu6 cational agency desiring to receive a grant under

7 this Act for any fiscal year shall submit an applica8 tion to the Secretary at such time and in such man9 ner as the Secretary may require.

10 (b) LOCAL SUBGRANTS.—

11 (1) IN GENERAL.—Each State educational

12 agency that receives a grant award under this Act

13 shall award not less than 99.75 of such amount to

14 provide subgrants to local educational agencies.

15 (2) LOCAL APPLICATION.—Each local edu16 cational agency desiring to receive a grant under

17 this Act for any fiscal year, other than a specially

18 qualified agency, shall submit an application to the

19 State at such time and in such manner as the State

20 may require.

21 SEC. 3. ALLOCATION.

22 (a) IN GENERAL.—

23 (1) STATE ALLOCATION.—After reserving

24 amounts for administrative costs in accordance with

25 subsection (b)(1), from the total amount appro-
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1 priated under section 7 in any fiscal year, the Sec2 retary shall allocate to each State educational agen3 cy an amount that bears the same ratio to such total

4 amount as the number of students enrolled in grades

5 7 through 12 in such State in the preceding fiscal

6 year bears to the total number of such students for

7 all States for that fiscal year.

8 (2) LOCAL ALLOCATION.—After reserving

9 amounts for administrative costs in accordance with

10 subsection (b)(2), of the amount made available to

11 the State under this Act in any fiscal year, the State

12 shall allocate to each local educational agency an

13 amount that bears the same ratio to such remaining

14 amount as the number of students enrolled in grades

15 7 through 12 in such agency bears to the total num16 ber of such students in all local educational agencies

17 in the State for that fiscal year.

18 (b) ADMINISTRATIVE COSTS .—

19 (1) SECRETARY.—The Secretary may reserve

20 the lesser of $200,000 or 0.10 percent of the total

21 amount appropriated to carry out this Act in each

22 fiscal year for the costs of administration.

23 (2) STATE EDUCATIONAL AGENCIES.—Each

24 State educational agency may reserve not more than

25 0.25 percent of any grant funds received under this
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1 Act in each fiscal year for the costs of administra2 tion.

3 (3) LOCAL EDUCATIONAL AGENCIES.—Each

4 local educational agency may reserve not more than

5 5 percent of any grant funds received under this Act

6 in each fiscal year for the costs of administration.

7 (c) DIRECT GRANTS TO SPECIALLY QUALIFIED

8 AGENCIES.—

9 (1) IN GENERAL.—If a State does not qualify

10 or apply for funds reserved for allocation under sub11 section (a)(1) by the application deadline established

12 by the Secretary, any specially qualified agency in

13 such State desiring to receive a grant under this Act

14 shall apply to the Secretary to receive a portion of

15 the amount allocated to the State.

16 (2) AWARD BASIS.—The Secretary may use the

17 average amount allocated by the States to local edu18 cational agencies under subsection (a)(2) as a basis

19 for awarding grants under this subsection.

20 (3) REALLOCATION.—Any funds remaining in a

21 fiscal year after the application of this subsection

22 shall be redistributed to States which have a re23 ceived a grant award under this Act for such fiscal

24 year.
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1 SEC. 4. REQUIREMENTS AND OPTIONAL ACTIVITIES.

2 (a) IN GENERAL.—Each local educational agency

3 that receives a grant under this Act, other than a specially

4 qualified agency, shall certify to the State educational

5 agency and each specially qualified agency shall certify to

6 the Secretary that—

7 (1) funds received under this Act shall be used

8 in accordance with subsection (b);

9 (2) the agency shall develop a plan to imple10 ment a random drug testing program;

11 (3) before implementation, any random drug

12 testing plan or subsequent amendment to such plan

13 shall be considered a public document and made

14 available to the public for review, not later than 30

15 days after such plan or amendment is available; and

16 (4) the agency shall provide, either directly or

17 through private contributions, non-Federal matching

18 funds equal to not less than 50 percent of the

19 amount of the grant to carry out this Act.

20 (b) USES OF FUNDS.—

21 (1) REQUIRED USES OF FUNDS.—A local edu22 cational agency that receives a grant under this Act

23 shall, either directly or through contract with outside

24 sources, provide for a random drug test of each stu25 dent in grades 7 through 12 not less than once each

26 year. Such test shall, at a minimum, include a drug
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1 screening for marijuana, amphetamines,

2 phencyclidine (PCP), opiates, and cocaine.

3 (2) OPTIONAL USES OF FUNDS.—After a local

4 educational agency has complied with the require5 ments of paragraph (1), the agency may use any re6 maining funds available for the following:

7 (A) LAW ENFORCEMENT ASSISTANCE.—To

8 contract with local law enforcement agencies to

9 assist in drug detection in schools, including the

10 use of drug sniffing dogs.

11 (B) ADDITIONAL TESTS.—To test students

12 more than once during a school year.

13 SEC. 5. GENERAL REQUIREMENTS.

14 (a) REPORTING OF TEST RESULTS.—Each local edu15 cational agency that receives funds under this Act shall

16 inform parents in detail about the random testing pro17 gram and ensure that—

18 (1) at the beginning of each school year, par19 ents are notified of their right to withdraw their

20 child from participation in the random drug testing

21 program; and

22 (2) parents receive, on a timely basis, the posi23 tive results of any drug test of a child who partici24 pates in the program.
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1 (b) CONFIDENTIALITY.—Each local educational

2 agency shall develop and enforce standards designed to

3 protect the confidentiality of all student drug test results.

4 (c) MEDICAL REVIEW OFFICER.—

5 (1) IN GENERAL.—Each local educational agen6 cy that receives a grant under this Act shall provide,

7 either directly or through contract, for a medical re8 view officer.

9 (2) DUTIES.—Each medical review officer shall

10 be designated to receive all student drug test results.

11 (A) FIRST POSITIVE RESULT.—In the case

12 of the first positive test result of a student, the

13 medical review officer shall be responsible to in14 form only parents of the results by making

15 every attempt feasible to meet with the parents

16 of such student and inform the parents of the

17 results and resources and services of rehabilita18 tion and education available in the community.

19 (B) CONSECUTIVE POSITIVE RESULTS.—In

20 the case of a student who has 2 or more con21 secutive positive test results, the medical review

22 officer shall be responsible to inform parents

23 and school officials who may determine the ap24 propriate action for the student based on school

25 policy.
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1 SEC. 6. DEFINITIONS.

2 For purposes of this Act—

3 (1) the term ‘‘medical review officer’’ means a

4 licensed physician (medical doctor or doctor of oste5 opathy) responsible for receiving laboratory results

6 generated by a local educational agency’s random

7 drug testing program who has knowledge of sub8 stance abuse disorders and has appropriate medical

9 training to interpret and evaluate a student’s con10 firmed positive test result together with the stu11 dent’s medical history and any other relevant bio12 medical information;

13 (2) the term ‘‘parent’’ includes a legal guardian

14 or other person standing in loco parentis;

15 (3) the term ‘‘Secretary’’ means the Secretary

16 of Education;

17 (4) the term ‘‘specially qualified agency’’ means

18 a local educational agency, located in a State that

19 did not receive a grant under this Act in a fiscal

20 year, that applies directly to the Secretary for a

21 grant in accordance with section 3(c) for such year;

22 and

23 (5) the term ‘‘State’’ means each of the 50

24 States, the District of Columbia, the Commonwealth

25 of Puerto Rico, the United States Virgin Islands,

26 American Samoa, and Guam.
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums

3 as may be necessary to carry out this Act for each of fiscal

4 years 2000 through 2004.

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