I

106TH CONGRESS

1ST SESSION H. R. 1642

To require local educational agencies to develop and implement a random

drug testing and counseling program for students in grades 9 through 12.

IN THE HOUSE OF REPRESENTATIVES

APRIL 29, 1999

Mr. ROGAN introduced the following bill; which was referred to the Committee

on Education and the Workforce

A BILL

To require local educational agencies to develop and implement a random drug testing and counseling program

for students in grades 9 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 ‘‘Parental Consent Drug

5 Testing and Counseling Act’’.

6 SEC. 2. GRANT AUTHORIZATION.

7 (a) STATE GRANTS.—The Secretary is authorized to

8 provide grants to State educational agencies to provide

9 subgrants that enable each local educational agency in the

10 State to develop and implement a random drug testing
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1 and counseling program authorized by parents for stu2 dents in grades 9 through 12 that shall be conducted on

3 school premises.

4 (b) STATE APPLICATION.—Any State educational

5 agency that wishes to receive a grant under this part for

6 any fiscal year shall submit an application to the Secretary

7 at such time and in such manner as the Secretary may

8 require.

9 (c) LOCAL SUBGRANTS.—

10 (1) IN GENERAL.—Each State educational

11 agency that receives a grant award under this Act

12 shall award not less than 99.75 of such amount to

13 provide subgrants to local educational agencies.

14 (2) LOCAL APPLICATION.—Each Local edu15 cational agency that wishes to receive a subgrant

16 under this part for any fiscal year shall submit an

17 application to the State educational agency at such

18 time and in such manner as the State educational

19 agency may require.

20 SEC. 3. ALLOCATION.

21 (a) IN GENERAL.—

22 (1) STATE ALLOCATION.—The Secretary shall

23 allocate the amount available to carry out this Act

24 and not reserved under subsection (b)(1) to each of

25 the States as follows:
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1 (A) Fifty percent shall be allocated among

2 such States on the basis of their relative popu3 lations of students in grades 9 through 12, as

4 determined by the Secretary on the basis of the

5 most recent satisfactory data.

6 (B) Fifty percent shall be allocated among

7 such States in accordance with the relative

8 amounts such States received under part A of

9 title I of the Elementary and Secondary Edu10 cation Act of 1965 for the preceding fiscal year.

11 (2) LOCAL ALLOCATION.—The State shall allo12 cate the remaining amount available to carry out

13 this Act and not reserved under subsection (b) to

14 each of the local educational agencies in such State

15 as follows:

16 (A) 50 percent shall be allocated among

17 such local educational agencies on the basis of

18 their relative populations of students in grades

19 9 through 12, as determined by the Secretary

20 on the basis of the most recent satisfactory

21 data.

22 (B) 50 percent shall be allocated among

23 such local educational agencies in accordance

24 with the relative amounts such jurisdictions re25 ceived under part A of title I of the Elementary
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1 and Secondary Education Act of 1965 for the

2 preceding fiscal year.

3 (3) REALLOCATION.—If any State does not

4 apply for an allotment under paragraph (1) or a

5 local educational agency does not apply for an allot6 ment under paragraph (2) for any fiscal year, the

7 Secretary or the State, as appropriate, shall reallo8 cate such amount to the remaining jurisdictions in

9 accordance with paragraph (1) or (2), as appro10 priate.

11 (b) ADMINISTRATIVE COSTS.—

12 (1) SECRETARY.—The Secretary may reserve

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

14 amount appropriated to carry out this Act in each

15 fiscal year for the costs of administration.

16 (2) STATE EDUCATIONAL AGENCIES.—Each

17 State educational agency may reserve not more than

18 0.25 percent of any grant funds received under this

19 Act in each fiscal year for the costs of administra20 tion.

21 (3) LOCAL EDUCATIONAL AGENCIES.—Each

22 local educational agency may reserve not more than

23 4 percent of any grant funds received under this Act

24 in each fiscal year for the costs of administration.
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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 shall certify to the

4 State educational agency that—

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

6 in accordance with subsection (b);

7 (2) the agency shall develop a plan to imple8 ment a drug testing and counseling program; and

9 (3) before implementation, any drug testing and

10 counseling plan or subsequent amendment to such

11 plan shall be considered a public document and

12 made available to the public for review, not later

13 than 30 days after such plan or amendment is avail14 able.

15 (b) USES OF FUNDS.—A local educational agency

16 that receives a grant under this Act shall utilize such

17 funds to provide, either directly or through contract with

18 outside sources, the following:

19 (1) 50 percent of funds allocated under section

20 3 shall be used to perform drug testing for each stu21 dent in grades 9 through 12 for which the agency

22 has received parental permission, not less than once

23 each year. Such testing shall, at a minimum, include

24 a drug screening for marijuana, amphetamines,

25 phencyclidine (PCP), opiates, and cocaine.
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1 (2) 50 percent of funds allocated under section

2 3 shall be used to provide counseling services to any

3 high school student who receives a positive test re4 sult with such services continuing during the school

5 year until a parent withdraws permission for such

6 counseling.

7 (c) TESTING REQUIREMENTS.—A local educational

8 agency that receives a grant under this Act shall imple9 ment policies regarding drug testing as follows:

10 (1) In the case of any student who receives a

11 positive drug test result for the first time during

12 that school year, an additional drug test shall be ad13 ministered.

14 (2) In the case of any student who receives a

15 second positive drug test result, additional drug

16 tests will be provided every 4 to 6 weeks until the

17 parents of the student withdraw permission for drug

18 testing.

19 SEC. 5. GENERAL REQUIREMENTS.

20 (a) REPORTING OF TEST RESULTS.—Each local edu21 cational agency that receives funds under this Act shall

22 inform parents in detail regarding the random testing pro23 gram and the counseling program to ensure that—

24 (1) at the beginning of each school year parents

25 are notified of the option to enroll their child in the
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1 random drug testing program and informed of the

2 counseling program and services offered through the

3 program; and

4 (2) parents are notified, on a timely basis,

5 regarding—

6 (A) the positive results of any drug test of

7 their child who participates in the program; and

8 (B) the refusal of their child to take a

9 drug test or participate in the counseling pro10 gram, if applicable.

11 (b) CONFIDENTIALITY.—The local educational agen12 cy shall develop and enforce standards designed to protect

13 the confidentiality of all student test results with the re14 sults of such tests released only to the parents of a stu15 dent. No other public or private entity may receive or have

16 access to drug testing results. No law enforcement agency

17 shall have access to drug testing results. States shall de18 velop policies dealing with violations of confidentiality.

19 SEC. 6. DEFINITIONS.

20 For purposes of this Act—

21 (1) the term ‘‘parent’’ includes a legal guardian

22 or other person standing in loco parentis;

23 (2) the term ‘‘Secretary’’ means the Secretary

24 of Education; and
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1 (3) the term ‘‘State’’ means each of the 50

2 States, the District of Columbia, the Commonwealth

3 of Puerto Rico, the United States Virgin Islands,

4 American Samoa, and Guam.

5 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated

7 $1,000,000,000 to carry out this Act for each of fiscal

8 years 1999 through 2003.

9 SEC. 8. AMENDMENT TO ESEA.

10 (a) AMENDMENT.—Part E of title XIV of the Ele11 mentary and Secondary Education Act of 1965 is amend12 ed by adding at the end the following:

13 ‘‘SEC. 14515. RANDOM DRUG TESTING AND COUNSELING.

14 ‘‘Any local educational agency that receives funds

15 under this Act shall implement a drug testing and coun16 seling program that meets the requirements of the ‘Em17 powering Parents to Fight Drugs Act of 1998.’ ’’.

18 (b) EFFECTIVE DATE.—A local educational agency

19 shall implement a drug testing and counseling program

20 referred to in section 14515 of the Elementary and Sec21 ondary Education Act of 1965 not later than the school

22 year beginning 1 year after the date of the enactment of

23 this Act.

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