II

106TH CONGRESS

1ST SESSION S. 1823

To revise and extend the Safe and Drug-Free Schools and Communities

Act of 1994.

IN THE SENATE OF THE UNITED STATES

OCTOBER 28, 1999

Mr. DEWINE (for himself, Mrs. MURRAY, Mr. ABRAHAM, and Mr. DODD) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To revise and extend the Safe and Drug-Free Schools and

Communities Act of 1994.

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 ‘‘Safe and Drug-Free

5 Schools and Communities Reauthorization Act’’.

6 SEC. 2. AMENDMENT TO THE ELEMENTARY AND SEC7 ONDARY EDUCATION ACT OF 1965.

8 Title IV of the Elementary and Secondary Education

9 Act of 1965 (20 U.S.C. 7101 et seq.) is amended to read

10 as follows:
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1 ‘‘TITLE IV—SAFE AND DRUG2 FREE SCHOOLS AND COMMU3 NITIES

4 ‘‘SEC. 4001. SHORT TITLE.

5 ‘‘This title may be cited as the ‘Safe and Drug-Free

6 Schools and Communities Act of 1994’.

7 ‘‘SEC. 4002. FINDINGS.

8 ‘‘Congress makes the following findings:

9 ‘‘(1) Every student should attend a school in a

10 drug- and violence-free learning environment.

11 ‘‘(2) The widespread illegal use of alcohol and

12 drugs among the Nation’s secondary school stu13 dents, and increasingly by students in elementary

14 schools as well, constitutes a grave threat to such

15 students’ physical and mental well-being, and signifi16 cantly impedes the learning process. For example,

17 data show that students who drink tend to receive

18 lower grades and are more likely to miss school be19 cause of illness than students who do not drink.

20 ‘‘(3) Drug and violence prevention programs

21 are essential components of a comprehensive strat22 egy to promote school safety, youth development,

23 positive school outcomes, and to reduce the demand

24 for and illegal use of alcohol, tobacco and drugs

25 throughout the Nation. Schools, local organizations,
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1 parents, students, and communities throughout the

2 Nation have a special responsibility to work together

3 to combat the continuing epidemic of violence and il4 legal drug use and should measure the success of

5 their programs against clearly defined goals and ob6 jectives.

7 ‘‘(4) Drug and violence prevention programs

8 are most effective when implemented within a re9 search-based, drug and violence prevention frame10 work of proven effectiveness.

11 ‘‘(5) Research clearly shows that community

12 contexts contribute to substance abuse and violence.

13 ‘‘(6) Substance abuse and violence are intri14 cately related and must be dealt with in a holistic

15 manner.

16 ‘‘(7) Research has documented that parental

17 behavior and environment directly influence a child’s

18 inclination to use alcohol, tobacco or drugs.

19 ‘‘SEC. 4003. PURPOSE.

20 ‘‘The purpose of this title is to support programs that

21 prevent violence in and around schools and prevent the

22 illegal use of alcohol, tobacco, and drugs, involve parents,

23 and are coordinated with related Federal, State, school,

24 and community efforts and resources, through the provi25 sion of Federal assistance to—
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1 ‘‘(1) States for grants to local educational agen2 cies and educational service agencies and consortia

3 of such agencies to establish, operate, and improve

4 local programs of school drug and violence preven5 tion, early intervention, rehabilitation referral, and

6 education in elementary and secondary schools (in7 cluding intermediate and junior high schools);

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

9 community-based organizations and other public and

10 private nonprofit agencies and organizations for pro11 grams of drug and violence prevention including

12 community mobilization, early intervention, rehabili13 tation referral, and education;

14 ‘‘(3) States for grants to local educational agen15 cies and educational service agencies and consortia

16 for the development and implementation of policies

17 that set clear and appropriate standards regarding

18 the illegal use of alcohol, tobacco and drugs, and for

19 violent behavior.

20 ‘‘(4) States for development, training, technical

21 assistance, and coordination activities;

22 ‘‘(5) public and private nonprofit organizations

23 to provide technical assistance, conduct training,

24 demonstrations, and evaluation, and to provide sup25 plementary services and community mobilization ac-
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1 tivities for the prevention of drug use and violence

2 among students and youth; and

3 ‘‘(6) institutions of higher education to estab4 lish, operate, expand, and improve programs of

5 school drug and violence prevention, education, and

6 rehabilitation referral for students enrolled in col7 leges and universities.

8 ‘‘SEC. 4004. FUNDING.

9 ‘‘There are authorized to be appropriated—

10 ‘‘(1) $700,000,000 for fiscal year 2001, and

11 such sums as may be necessary for each of the 4

12 succeeding fiscal years, for State grants under sub13 part 1 of part A;

14 ‘‘(2) $100,000,000 for fiscal year 2001, and

15 such sums as may be necessary for each of the 4

16 succeeding fiscal years, for national programs under

17 subpart 2 of part A; and

18 ‘‘(3) $75,000,000 for fiscal year 2001, and such

19 sums as may be necessary for each of the 4 suc20 ceeding fiscal years, for the National Coordinator

21 Initiative under section 4122.
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1 ‘‘PART A—STATE GRANTS FOR DRUG AND

2 VIOLENCE PREVENTION PROGRAMS

3 ‘‘Subpart 1—State Grants for Drug and Violence

4 Prevention Programs

5 ‘‘SEC. 4011. RESERVATIONS AND ALLOTMENTS.

6 ‘‘(a) RESERVATIONS.—From the amount made avail7 able under section 4004(1) to carry out this subpart for

8 each fiscal year, the Secretary—

9 ‘‘(1) shall reserve 1 percent of such amount for

10 grants under this subpart to Guam, American

11 Samoa, the Virgin Islands, and the Commonwealth

12 of the Northern Mariana Islands, to be allotted in

13 accordance with the Secretary’s determination of

14 their respective needs;

15 ‘‘(2) shall reserve 1 percent of such amount for

16 the Secretary of the Interior to carry out programs

17 under this part for Indian youth;

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

19 the national impact evaluation required by section

20 4117(a); and

21 ‘‘(4) shall reserve 0.2 percent of such amount

22 for programs for Native Hawaiians under section

23 4118.

24 ‘‘(b) STATE ALLOTMENTS.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), the Secretary shall, for each fiscal year,

3 allocate among the States—

4 ‘‘(A) one-half of the remainder not re5 served under subsection (a) according to the

6 ratio between the school-aged population of

7 each State and the school-aged population of all

8 the States; and

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

10 to the ratio between the amount each State re11 ceived under part A of title I for the preceding

12 year and the sum of such amounts received by

13 all the States.

14 ‘‘(2) MINIMUM.—For any fiscal year, no State

15 shall be allotted under this subsection an amount

16 that is less than one-half of 1 percent of the total

17 amount allotted to all the States under this sub18 section.

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

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

21 Secretary determines that the State will be unable to

22 use such amount within 2 years of such allotment.

23 Such reallotments shall be made on the same basis

24 as allotments are made under paragraph (1).

25 ‘‘(4) DEFINITIONS.—In this subsection:
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1 ‘‘(A) STATE.—The term ‘State’ means

2 each of the 50 States, the District of Columbia,

3 and the Commonwealth of Puerto Rico.

4 ‘‘(B) LOCAL EDUCATIONAL AGENCY.—The

5 term ‘local educational agency’ includes edu6 cational service agencies and consortia of such

7 agencies.

8 ‘‘(c) LIMITATION.—Amounts appropriated under this

9 section for programs under this subpart shall not be used

10 to carry out national programs under subpart 2.

11 ‘‘SEC. 4112. STATE APPLICATIONS.

12 ‘‘(a) IN GENERAL.—In order to receive an allotment

13 under section 4111 for any fiscal year, a State shall sub14 mit to the Secretary, at such time as the Secretary may

15 require, an application that—

16 ‘‘(1) contains a comprehensive plan for the use

17 of funds by the State educational agency and the

18 chief executive officer to provide safe, orderly, and

19 drug-free schools and communities;

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

21 assessment for drug and violence prevention pro22 grams, which shall be based on the results of on23 going State evaluation activities, including data on

24 the incidence and prevalence, age of onset, percep25 tion of health risk, and perception of social dis-
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1 approval of drug use and violence by youth in

2 schools and communities and the prevalence of risk

3 or protective factors, buffers or assets or other re4 search-based variables in the school and community;

5 ‘‘(3) contains assurances that the sections of

6 the application concerning the funds provided to the

7 chief executive officer and the State educational

8 agency were developed together, with each such offi9 cer or State representative, in consultation and co10 ordination with appropriate State officials and oth11 ers, including the chief State school officer, the chief

12 executive officer, the head of the State alcohol and

13 drug abuse agency, the heads of the State health

14 and mental health agencies, the head of the State

15 criminal justice planning agency, the head of the

16 State child welfare agency, the head of the State

17 board of education, or their designees, and rep18 resentatives of parents, students, and community19 based organizations;

20 ‘‘(4) contains an assurance that the State will

21 cooperate with, and assist, the Secretary in con22 ducting a national impact evaluation of programs re23 quired by section 4117(a);

24 ‘‘(5) contains assurances that the State edu25 cation agency and the Governor will develop their re-
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1 spective applications in consultation with an advisory

2 council that includes, to the extent practicable, rep3 resentatives from school districts, businesses, parent

4 organizations, youth, teachers, administrators, pupil

5 services personnel, private schools, appropriate State

6 agencies, community-based organizations, the med7 ical profession, law enforcement, the faith commu8 nity and other groups with interest and expertise in

9 alcohol, tobacco, drug, and violence prevention;

10 ‘‘(6) contains assurances that the State edu11 cation agency and the Governor involve the rep12 resentatives described in paragraph (4), on an ongo13 ing basis, to review program evaluations and other

14 relevant material and make recommendations to the

15 State education agency and the Governor on how to

16 improve their respective alcohol, tobacco, drug, and

17 violence prevention programs;

18 ‘‘(7) contains a list of the State’s results-based

19 performance measures for drug and violence preven20 tion, that shall—

21 ‘‘(A) be focused on student behavior and

22 attitudes and be derived from the needs assess23 ment;

24 ‘‘(B) include targets and due dates for the

25 attainment of such performance measures; and
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1 ‘‘(C) include a description of the proce2 dures that the State will use to inform local

3 educational agencies of such performance meas4 ures for assessing and publicly reporting

5 progress toward meeting such measures or re6 vising them as needed; and

7 ‘‘(8) includes any other information the Sec8 retary may require.

9 ‘‘(b) STATE EDUCATIONAL AGENCY FUNDS.—A

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

11 comprehensive plan for the use of funds under section

12 4113(a) by the State educational agency that includes—

13 ‘‘(1) a plan for monitoring the implementation

14 of, and providing technical assistance regarding, the

15 drug and violence prevention programs conducted by

16 local educational agencies in accordance with section

17 4116

18 ‘‘(2) a description of how the State educational

19 agency will use funds under section 4113(b);

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

21 agency will coordinate such agency’s activities under

22 this subpart with the chief executive officer’s drug

23 and violence prevention programs under this subpart

24 and with the prevention efforts of other State agen25 cies; and
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1 ‘‘(4) a description of the procedures the State

2 educational agency will use to review applications

3 from and allocate funding to local educational agen4 cies under section 4115.

5 ‘‘(c) GOVERNOR’S FUNDS.—A State’s application

6 under this section shall also contain a comprehensive plan

7 for the use of funds under section 4114(a) by the chief

8 executive officer that includes—

9 ‘‘(1) a description of how the chief executive of10 ficer will coordinate such officer’s activities under

11 this part with the State educational agency and

12 other State agencies and organizations involved with

13 drug and violence prevention efforts;

14 ‘‘(2) a description of how funds reserved under

15 section 4114(a) will be used so as not to duplicate

16 the efforts of the State educational agency and local

17 educational agencies with regard to the provision of

18 school-based prevention efforts and services and how

19 those funds will be used to serve populations not

20 normally served by the State educational agency,

21 such as school dropouts and youth in detention cen22 ters;

23 ‘‘(3) a description of how the chief executive of24 ficer will award funds under section 4114(a) and a

25 plan for monitoring the performance of, and pro-
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1 viding technical assistance to, recipients of such

2 funds;

3 ‘‘(4) a description of the special outreach activi4 ties that will be carried out to maximize the partici5 pation of community-based organizations of dem6 onstrated effectiveness which provide services in low7 income communities; and

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

9 support community-wide comprehensive drug and vi10 olence prevention planning and community mobiliza11 tion activities.

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

13 review process in reviewing State applications under this

14 section.

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

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

17 fiscal year 2000 a 1-year interim application and plan for

18 the use of funds under this subpart that are consistent

19 with the requirements of this section and contain such in20 formation as the Secretary may specify in regulations. The

21 purpose of such interim application and plan shall be to

22 afford the State the opportunity to fully develop and re23 view such State’s application and comprehensive plan oth24 erwise required by this section. A State may not receive

25 a grant under this subpart for a fiscal year subsequent
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1 to fiscal year 2000 unless the Secretary has approved such

2 State’s application and comprehensive plan in accordance

3 with this subpart.

4 ‘‘SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PRO5 GRAMS.

6 ‘‘(a) USE OF FUNDS.—

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), an amount equal to 80 percent of the

9 total amount allocated to a State under section 4111

10 for each fiscal year shall be used by the State edu11 cational agency and its local educational agencies for

12 drug and violence prevention activities in accordance

13 with this section.

14 ‘‘(2) EXCEPTION.—

15 ‘‘(A) IN GENERAL.—If a State has, on or

16 before January 1, 1994, established an inde17 pendent State agency for the purpose of admin18 istering all of the funds described in section

19 5121 of this Act (as such section was in effect

20 on the day preceding the date of the enactment

21 of the Improving America’s Schools Act of

22 1994), then—

23 ‘‘(i) an amount equal to 80 percent of

24 the total amount allocated to such State

25 under section 4111 for each fiscal year
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1 shall be used by the State educational

2 agency and its local educational agencies

3 for drug and violence prevention activities

4 in accordance with this section; and

5 ‘‘(ii) an amount equal to 20 percent of

6 such total amount shall be used by such

7 independent State agency for drug and vio8 lence prevention activities in accordance

9 with this section.

10 ‘‘(B) ADMINISTRATIVE COSTS.—Not more

11 than 5 percent of the amount reserved under

12 subparagraph (A)(ii) may be used for adminis13 trative costs of the independent State agency

14 incurred in carrying out the activities described

15 in such subparagraph.

16 ‘‘(C) DEFINITION.—For purposes of this para17 graph, the term ‘independent State agency’ means

18 an independent agency with a board of directors or

19 a cabinet level agency whose chief executive officer

20 is appointed by the chief executive officer of the

21 State and confirmed with the advice and consent of

22 the senate of such State.

23 ‘‘(b) STATE LEVEL PROGRAMS.—

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

25 shall use not more than 5 percent of the amount
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1 available under subsection (a) for activities such

2 as—

3 ‘‘(A) training and technical assistance con4 cerning drug and violence prevention for local

5 educational agencies and educational service

6 agencies, including teachers, administrators,

7 coaches and athletic directors, other staff, par8 ents, students, community leaders, health serv9 ice providers, local law enforcement officials,

10 and judicial officials;

11 ‘‘(B) the development, identification, dis12 semination, and evaluation of the most readily

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

14 materials (including videotapes, software, and

15 other technology-based learning resources), for

16 consideration by local educational agencies;

17 ‘‘(C) making available to local educational

18 agencies cost effective programs for youth vio19 lence and drug abuse prevention;

20 ‘‘(D) demonstration projects in drug and

21 violence prevention;

22 ‘‘(E) training, technical assistance, and

23 demonstration projects to address violence asso24 ciated with prejudice and intolerance;
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1 ‘‘(F) financial assistance to enhance re2 sources available for drug and violence preven3 tion in areas serving large numbers of economi4 cally disadvantaged children or sparsely popu5 lated areas, or to meet other special needs con6 sistent with the purposes of this subpart; and

7 ‘‘(G) the evaluation of activities carried out

8 within the State under this part.

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

10 agency may carry out activities under this subsection

11 directly, or through grants or contracts.

12 ‘‘(c) STATE ADMINISTRATION.—

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

14 may use not more than 4 percent of the amount re15 served under subsection (a) for the administrative

16 costs of carrying out its responsibilities under this

17 part.

18 ‘‘(2) UNIFORM MANAGEMENT INFORMATION

19 AND REPORTING SYSTEM.—In carrying out its re20 sponsibilities under this part, a State shall imple21 ment a uniform management information and re22 porting system that includes information on the

23 types of curricula, programs and services provided

24 by the State, Governor, local education agencies, and

25 other recipients of funds under this title.
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1 ‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—

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

3 shall distribute not less than 91 percent of the

4 amount made available under subsection (a) for each

5 fiscal year to local educational agencies in accord6 ance with this subsection.

7 ‘‘(2) DISTRIBUTION.—A State educational

8 agency shall distribute amounts under paragraph (1)

9 in accordance with any one of the following subpara10 graphs:

11 ‘‘(A) ENROLLMENT AND BASELINE AP12 PROACH.—Of the amount distributed under

13 paragraph (1), a State educational agency shall

14 distribute—

15 ‘‘(i) at least 70 percent of such

16 amount to local educational agencies,

17 based on the relative enrollments in public

18 and private nonprofit elementary and sec19 ondary schools within the boundaries of

20 such agencies; and

21 ‘‘(ii) not to exceed 30 percent of any

22 amounts remaining after amounts are dis23 tributed under clause (i) to each local edu24 cational agency in an amount determined

25 appropriate by the State education agency.
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1 ‘‘(B) ENROLLMENT AND NEED AP2 PROACH.—Of the amount distributed under

3 paragraph (1), a State educational agency shall

4 distribute—

5 ‘‘(i) at least 70 percent of such

6 amount in accordance with subparagraph

7 (A)(i); and

8 ‘‘(ii) not to exceed 30 percent of any

9 amounts remaining after amounts are dis10 tributed under clause (i) to local edu11 cational agencies that the State education

12 agency determines have the greatest need

13 for additional funds to carry out drug and

14 violence prevention programs authorized by

15 this subpart.

16 ‘‘(C) ENROLLMENT AND COMBINATION AP17 PROACH.—Of the amount distributed under

18 paragraph (1), a State educational agency shall

19 distribute

20 ‘‘(i) at least 70 percent of such

21 amount to local educational agencies,

22 based on the relative enrollments in public

23 and private nonprofit elementary and sec24 ondary schools within the boundaries of

25 such agencies; and
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1 ‘‘(ii) not to exceed 30 percent of any

2 amounts remaining after amounts are dis3 tributed under clause (i)—

4 ‘‘(I) to each local educational

5 agency in an amount determined ap6 propriate by the State education agen7 cy; or

8 ‘‘(II) to local educational agen9 cies that the State education agency

10 determines have the greatest need for

11 additional funds to carry out drug

12 and violence prevention programs au13 thorized by this subpart.

14 ‘‘(D) COMPETITIVE AND NEED AP15 PROACH.—Of the amount distributed under

16 paragraph (1), a State educational agency shall

17 distribute

18 ‘‘(i) not to exceed 70 percent of such

19 amount to local educational agencies that

20 the State agency determines, through a

21 competitive process, have the greatest need

22 for funds to carry out drug and violence

23 prevention programs based on criteria es24 tablished by the State agency and author25 ized under this subpart; and
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1 ‘‘(ii) at least 30 percent of any

2 amounts remaining after amounts are dis3 tributed under clause (i) to local education

4 agencies that the State agency determines

5 have a need for additional funds to carry

6 out the program authorized under this sub7 part.

8 ‘‘(3) CONSIDERATION OF OBJECTIVE DATA.—

9 For purposes of paragraph (2), in determining which

10 local educational agencies have the greatest need for

11 funds, the State educational agency shall consider

12 objective data which may include—

13 ‘‘(A) high rates of alcohol or drug use

14 among youth;

15 ‘‘(B) high rates of victimization of youth

16 by violence and crime;

17 ‘‘(C) high rates of arrests and convictions

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

19 crime;

20 ‘‘(D) the extent of illegal gang activity;

21 ‘‘(E) high incidence of violence associated

22 with prejudice and intolerance;

23 ‘‘(F) high rates of referrals of youths to

24 drug and alcohol abuse treatment and rehabili25 tation programs;
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1 ‘‘(G) high rates of referrals of youths to

2 juvenile court;

3 ‘‘(H) high rates of expulsions and suspen4 sions of students from schools;

5 ‘‘(I) high rates of reported cases of child

6 abuse and domestic violence;

7 ‘‘(J) high rates of drug related emer8 gencies or deaths; and

9 ‘‘(K) local fiscal capacity to fund drug use

10 and violence prevention programs without Fed11 eral assistance.

12 ‘‘(e) REALLOCATION OF FUNDS.—If a local edu13 cational agency chooses not to apply to receive the amount

14 allocated to such agency under subsection (d), or if such

15 agency’s application under section 4115 is disapproved by

16 the State educational agency, the State educational agency

17 shall reallocate such amount to one or more of the local

18 educational agencies.

19 ‘‘(f) RETURN OF FUNDS TO STATE EDUCATIONAL

20 AGENCY; REALLOCATION.—

21 ‘‘(1) RETURN.—Except as provided in para22 graph (2), upon the expiration of the 1-year period

23 beginning on the date that a local educational agen24 cy or educational service agency under this title re25 ceives its allocation under this title—
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1 ‘‘(A) such agency shall return to the State

2 educational agency any funds from such alloca3 tion that remain unobligated; and

4 ‘‘(B) the State educational agency shall re5 allocate any such amount to local educational

6 agencies or educational service agencies that

7 have plans for using such amount for programs

8 or activities on a timely basis.

9 ‘‘(2) REALLOCATION.—In any fiscal year, a

10 local educational agency, may retain for obligation in

11 the succeeding fiscal year—

12 ‘‘(A) an amount equal to not more than 25

13 percent of the allocation it receives under this

14 title for such fiscal year; or

15 ‘‘(B) upon a demonstration of good cause

16 by such agency or consortium, a greater

17 amount approved by the State educational

18 agency.

19 ‘‘SEC. 4114. GOVERNOR’S PROGRAMS.

20 ‘‘(a) USE OF FUNDS.—

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

22 percent of the total amount allocated to a State

23 under section 4111(1) for each fiscal year shall be

24 used by the chief executive officer of such State for
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1 drug and violence prevention programs and activities

2 in accordance with this section.

3 ‘‘(2) ADMINISTRATIVE COSTS.—A chief execu4 tive officer may use not more than 5 percent of the

5 20 percent of the total amount described in para6 graph (1) for the administrative costs incurred in

7 carrying out the duties of such officer under this

8 section. The chief executive officer of a State may

9 use amounts under this paragraph to award grants

10 to State, county, or local law enforcement agencies,

11 including district attorneys, in consultation with

12 local education agencies or community-based agen13 cies, for the purposes of carrying out drug abuse

14 and violence prevention activities.

15 ‘‘(b) PROGRAMS AUTHORIZED.—

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

17 shall use funds made available under subsection

18 (a)(1) for grants to or contracts with parent groups,

19 schools, community action and job training agencies,

20 community-based organizations, community anti21 drug coalitions, law enforcement education partner22 ships, and other public entities and private nonprofit

23 organizations and consortia thereof. In making such

24 grants and contracts, a chief executive officer shall
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1 give priority to programs and activities described in

2 subsection (c) for—

3 ‘‘(A) children and youth who are not nor4 mally served by State or local educational agen5 cies; or

6 ‘‘(B) populations that need special services

7 or additional resources (such as preschoolers,

8 youth in juvenile detention facilities, runaway

9 or homeless children and youth, pregnant and

10 parenting teenagers, and school dropouts).

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

12 awarded under this subsection shall be subject to a

13 peer review process.

14 ‘‘(c) AUTHORIZED ACTIVITIES.—Grants and con15 tracts under subsection (b) shall be used to carry out the

16 comprehensive State plan as required under section

17 4112(a)(1) through programs and activities such as—

18 ‘‘(1) disseminating information about drug and

19 violence prevention;

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

21 judicial officials, social service providers, health serv22 ice providers and community leaders about drug and

23 violence prevention, comprehensive health education,

24 early intervention, pupil services, or rehabilitation

25 referral;
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1 ‘‘(3) developing and implementing comprehen2 sive, community-based drug and violence prevention

3 programs that link community resources with

4 schools and integrate services involving education,

5 vocational and job skills training and placement, law

6 enforcement, health, mental health, community serv7 ice, mentoring, and other appropriate services;

8 ‘‘(4) planning and implementing drug and vio9 lence prevention activities that coordinate the efforts

10 of State agencies with efforts of the State edu11 cational agency and its local educational agencies;

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

13 and from school;

14 ‘‘(6) before-and-after school recreational, in15 structional, cultural, and artistic programs that en16 courage drug- and violence-free lifestyles;

17 ‘‘(7) activities that promote the awareness of

18 and sensitivity to alternatives to violence through

19 courses of study that include related issues of intol20 erance and hatred in history;

21 ‘‘(8) developing and implementing activities to

22 prevent and reduce violence associated with preju23 dice and intolerance;

24 ‘‘(9) developing and implementing strategies to

25 prevent illegal gang activity;
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1 ‘‘(10) coordinating and conducting school and

2 community-wide violence and safety assessments and

3 surveys;

4 ‘‘(11) service-learning projects that encourage

5 drug- and violence-free lifestyles;

6 ‘‘(12) evaluating programs and activities as7 sisted under this section;

8 ‘‘(13) developing and implementing community

9 mobilization activities to undertake environmental

10 change strategies related to substance abuse and vio11 lence; and

12 ‘‘(14) partnerships between local law enforce13 ment agencies, including district attorneys, and local

14 education agencies or community-based agencies.

15 ‘‘SEC. 4115. LOCAL APPLICATIONS.

16 ‘‘(a) APPLICATION REQUIRED.—

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

18 receive a distribution under section 4113(d) for any

19 fiscal year, a local educational agency shall submit,

20 at such time as the State educational agency re21 quires, an application to the State educational agen22 cy for approval. Such an application shall be amend23 ed, as necessary, to reflect changes in the local edu24 cational agency’s program.

25 ‘‘(2) DEVELOPMENT.—
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1 ‘‘(A) CONSULTATION.—A local educational

2 agency shall develop its application under sub3 section (a)(1) in consultation with a local or

4 substate regional advisory council that includes,

5 to the extent possible, representatives of local

6 government, business, parents, students, teach7 ers, pupil services personnel, appropriate State

8 agencies, private schools, the medical profes9 sion, law enforcement, community-based organi10 zations, and other groups with interest and ex11 pertise in drug and violence prevention.

12 ‘‘(B) DUTIES OF ADVISORY COUNCIL.—In

13 addition to assisting the local educational agen14 cy to develop an application under this section,

15 the advisory council established or designated

16 under subparagraph (A) shall, on an ongoing

17 basis—

18 ‘‘(i) disseminate information about

19 drug and violence prevention programs,

20 projects, and activities conducted within

21 the boundaries of the local educational

22 agency;

23 ‘‘(ii) advise the local educational agen24 cy regarding—
29

•S 1823 IS

1 ‘‘(I) how best to coordinate such

2 agency’s activities under this subpart

3 with other related programs, projects,

4 and activities; and

5 ‘‘(II) the agencies that admin6 ister such programs, projects, and ac7 tivities; and

8 ‘‘(iii) review program evaluations and

9 other relevant material and make rec10 ommendations on an active and ongoing

11 basis to the local educational agency on

12 how to improve such agency’s drug and vi13 olence prevention programs.

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

15 under this section shall contain—

16 ‘‘(1) an objective analysis of the current use

17 (and consequences of such use) of alcohol, tobacco,

18 and controlled, illegal, addictive or harmful sub19 stances as well as the violence, safety, and discipline

20 problems among students who attend the schools of

21 the applicant (including private school students who

22 participate in the applicant’s drug and violence pre23 vention program) that is based on ongoing local as24 sessment or evaluation activities;
30

•S 1823 IS

1 ‘‘(2) an analysis, based on data reasonably

2 available at the time, of the prevalence of risk or

3 protective factors, buffers or assets or other re4 search-based variables in the school and community;

5 ‘‘(3) a description of the research-based strate6 gies and programs, which shall be used to prevent

7 or reduce drug use, violence, or disruptive behavior,

8 which shall include—

9 ‘‘(A) a specification of the objectively

10 measurable goals, objectives, and activities for

11 the program, which may include—

12 ‘‘(i) reductions in the use of alcohol,

13 tobacco, and illicit drugs and violence by

14 youth;

15 ‘‘(ii) specific reductions in the preva16 lence of identified risk factors; or

17 ‘‘(iii) specific increases in the preva18 lence of protective factors, buffers, or as19 sets if any have been identified;

20 ‘‘(B) a specification for how risk factors, if

21 any, which have been identified will be targeted

22 through research-based programs; and

23 ‘‘(C) a specification for how protective fac24 tors, buffers, or assets, if any, will be targeted

25 through research-based programs;
31

•S 1823 IS

1 ‘‘(4) a specification for the method or methods

2 by which measurements of program goals will be

3 achieved;

4 ‘‘(5) a specification for how the evaluation of

5 the effectiveness of the prevention program will be

6 assessed and how the results will be used to refine,

7 improve, and strengthen the program;

8 ‘‘(6) an assurance that the applicant has, or the

9 schools to be served have, a comprehensive safe and

10 drug-free schools plan that includes—

11 ‘‘(A) appropriate and effective discipline

12 policies that prohibit disorderly conduct, the

13 possession of firearms and other weapons, and

14 the illegal use, possession, distribution, and sale

15 of tobacco, alcohol, and other drugs by stu16 dents;

17 ‘‘(B) security procedures at school and

18 while students are on the way to and from

19 school;

20 ‘‘(C) prevention activities that are designed

21 to create and maintain safe, disciplined, and

22 drug-free environments; and

23 ‘‘(D) a crisis management plan for re24 sponding to violent or traumatic incidents on

25 school grounds; and
32

•S 1823 IS

1 ‘‘(7) such other information and assurances as

2 the State educational agency may reasonably re3 quire.

4 ‘‘(c) REVIEW OF APPLICATION.—

5 ‘‘(1) IN GENERAL.—In reviewing local applica6 tions under this section, a State educational agency

7 shall use a peer review process or other methods of

8 assuring the quality of such applications.

9 ‘‘(2) CONSIDERATIONS.—

10 ‘‘(A) IN GENERAL.—In determining wheth11 er to approve the application of a local edu12 cational agency under this section, a State edu13 cational agency shall consider the quality of the

14 local educational agency’s comprehensive plan

15 under subsection (b)(6) and the extent to which

16 the proposed plan provides a thorough assess17 ment of the substance abuse and violence prob18 lem, uses objective data and the knowledge of

19 a wide range of community members, develops

20 measurable goals and objectives, and imple21 ments research-based programs that have been

22 shown to be effective and meet identified needs.

23 ‘‘(B) DISAPPROVAL.—A State educational

24 agency may disapprove a local educational

25 agency application under this section in whole
33

•S 1823 IS

1 or in part and may withhold, limit, or place re2 strictions on the use of funds allotted to such

3 a local educational agency in a manner the

4 State educational agency determines will best

5 promote the purposes of this part, except that

6 a local educational agency shall be afforded an

7 opportunity to appeal any such disapproval.

8 ‘‘SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PRO9 GRAMS.

10 ‘‘(a) PROGRAM REQUIREMENTS.—A local educational

11 agency shall use funds received under this subpart to

12 adopt and carry out a comprehensive drug and violence

13 prevention program which shall—

14 ‘‘(1) be designed, for all students and employ15 ees, to—

16 ‘‘(A) prevent the use, possession, and dis17 tribution of tobacco, alcohol, and illegal drugs

18 by students and to prevent the illegal use, pos19 session, and distribution of such substances by

20 employees;

21 ‘‘(B) prevent violence and promote school

22 safety; and

23 ‘‘(C) create a disciplined environment con24 ducive to learning;
34

•S 1823 IS

1 ‘‘(2) include activities to promote the involve2 ment of parents and coordination with community

3 groups and agencies, including the distribution of in4 formation about the local educational agency’s

5 needs, goals, and programs under this subpart;

6 ‘‘(3) implement activities which include—

7 ‘‘(A) a thorough assessment of the sub8 stance abuse violence problem, using objective

9 data and the knowledge of a wide range of com10 munity members;

11 ‘‘(B) the development of measurable goals

12 and objectives; and

13 ‘‘(C) the implementation of research-based

14 programs that have been shown to be effective

15 and meet identified goals;

16 ‘‘(4) implement prevention programming activi17 ties within the context of a research-based preven18 tion framework; and

19 ‘‘(5) include a description of the applicant’s to20 bacco, alcohol, and other drug policies.

21 ‘‘(b) AUTHORIZED ACTIVITIES.—A comprehensive

22 drug and violence prevention program carried out under

23 this subpart may include—

24 ‘‘(1) age-appropriate, developmentally based

25 drug prevention and education programs for all stu-
35

•S 1823 IS

1 dents, from the preschool level through grade 12,

2 that address the legal, social, personal and health

3 consequences of the use of illegal drugs, promote a

4 sense of individual responsibility, and provide infor5 mation about effective techniques for resisting peer

6 pressure to use illegal drugs;

7 ‘‘(2) programs of drug prevention, comprehen8 sive health education, early intervention, pupil serv9 ices, mentoring, or rehabilitation referral, which em10 phasize students’ sense of individual responsibility

11 and which may include—

12 ‘‘(A) the dissemination of information

13 about drug prevention;

14 ‘‘(B) the professional development of

15 school personnel, parents, students, law enforce16 ment officials, judicial officials, health service

17 providers and community leaders in prevention,

18 education, early intervention, pupil services or

19 rehabilitation referral; and

20 ‘‘(C) the implementation of strategies, in21 cluding strategies to integrate the delivery of

22 services from a variety of providers, to combat

23 illegal alcohol, tobacco and drug use, such as—

24 ‘‘(i) family counseling;
36

•S 1823 IS

1 ‘‘(ii) early intervention activities that

2 prevent family dysfunction, enhance school

3 performance, and boost attachment to

4 school and family; and

5 ‘‘(iii) activities, such as community

6 service and service-learning projects, that

7 are designed to increase students’ sense of

8 community;

9 ‘‘(3) age-appropriate, developmentally based vi10 olence prevention and education programs for all

11 students, from the preschool level through grade 12,

12 that address the legal, health, personal, and social

13 consequences of violent and disruptive behavior, in14 cluding sexual harassment and abuse, and victimiza15 tion associated with prejudice and intolerance, and

16 that include activities designed to help students de17 velop a sense of individual responsibility and respect

18 for the rights of others, and to resolve conflicts with19 out violence, or otherwise decrease the prevalence of

20 risk factors or increase the prevalence of protective

21 factors, buffers, or assets in the community;

22 ‘‘(4) violence prevention programs for school23 aged youth, which emphasize students’ sense of indi24 vidual responsibility and may include—
37

•S 1823 IS

1 ‘‘(A) the dissemination of information

2 about school safety and discipline;

3 ‘‘(B) the professional development of

4 school personnel, parents, students, law enforce5 ment officials, judicial officials, and community

6 leaders in designing and implementing strate7 gies to prevent school violence;

8 ‘‘(C) the implementation of strategies, such

9 as conflict resolution and peer mediation, stu10 dent outreach efforts against violence, anti11 crime youth councils (which work with school

12 and community-based organizations to discuss

13 and develop crime prevention strategies), and

14 the use of mentoring programs, to combat

15 school violence and other forms of disruptive

16 behavior, such as sexual harassment and abuse;

17 and

18 ‘‘(D) the development and implementation

19 of character education programs, as a compo20 nent of a comprehensive drug or violence pre21 vention program, that are tailored by commu22 nities, parents and schools; and

23 ‘‘(E) comprehensive, community-wide

24 strategies to prevent or reduce illegal gang ac25 tivities and drug use;
38

•S 1823 IS

1 ‘‘(5) supporting ‘safe zones of passage’ for stu2 dents between home and school through such meas3 ures as Drug- and Weapon-Free School Zones, en4 hanced law enforcement, and neighborhood patrols;

5 ‘‘(6) acquiring and installing metal detectors

6 and hiring security personnel;

7 ‘‘(7) professional development for teachers and

8 other staff and curricula that promote the awareness

9 of and sensitivity to alternatives to violence through

10 courses of study that include related issues of intol11 erance and hatred in history;

12 ‘‘(8) the promotion of before-and-after school

13 recreational, instructional, cultural, and artistic pro14 grams in supervised community settings;

15 ‘‘(9) other research-based prevention program16 ming that is—

17 ‘‘(A) effective in reducing the prevalence of

18 alcohol, tobacco or drug use, and violence in

19 youth;

20 ‘‘(B) effective in reducing the prevalence of

21 risk factors predictive of increased alcohol, to22 bacco or drug use, and violence; or

23 ‘‘(C) effective in increasing the prevalence

24 of protective factors, buffers, and assets pre-
39

•S 1823 IS

1 dictive of decreased alcohol, tobacco or drug use

2 and violence among youth;

3 ‘‘(10) the collection of objective data used to as4 sess program needs, program implementation, or

5 program success in achieving program goals and ob6 jectives;

7 ‘‘(11) community involvement activities includ8 ing community rehabilitation;

9 ‘‘(12) parental involvement and training; and

10 ‘‘(13) the evaluation of any of the activities au11 thorized under this subsection.

12 ‘‘(c) LIMITATIONS.—

13 ‘‘(1) IN GENERAL.—Not more than 20 percent

14 of the funds made available to a local educational

15 agency under this subpart may be used to carry out

16 the activities described in paragraphs (5) and (6) of

17 subsection (b).

18 ‘‘(2) SPECIAL RULE.—A local educational agen19 cy shall only be able to use funds received under this

20 subpart for activities described in paragraphs (5)

21 and (6) of subsection (b) if funding for such activi22 ties is not received from other Federal agencies.

23 ‘‘(d) ADMINISTRATIVE PROVISIONS.—Notwith24 standing any other provisions of law, any funds expended

25 prior to July 1, 1995, under part B of the Drug-Free
40

•S 1823 IS

1 Schools and Communities Act of 1986 (as in effect prior

2 to enactment of the Improving America’s Schools Act) for

3 the support of a comprehensive school health program

4 shall be deemed to have been authorized by part B of such

5 Act.

6 ‘‘SEC. 4117. EVALUATION AND REPORTING.

7 ‘‘(a) NATIONAL IMPACT EVALUATION.—

8 ‘‘(1) BIENNIAL EVALUATION.—The Secretary,

9 in consultation with the National Advisory Com10 mittee, shall conduct an independent biennial evalua11 tion of the national impact of programs assisted

12 under this subpart and of other recent and new ini13 tiatives to combat violence in schools. The evaluation

14 shall report on—

15 ‘‘(A) whether funded community and local

16 education agency programs—

17 ‘‘(i) provided a thorough assessment

18 of the substance abuse and violence prob19 lem;

20 ‘‘(ii) used objective data and the

21 knowledge of a wide range of community

22 members;

23 ‘‘(iii) developed measurable goals and

24 objectives; and
41

•S 1823 IS

1 ‘‘(iv) implemented a research-based

2 program that has been show to be effective

3 and meet identified needs;

4 ‘‘(B) whether funded community and local

5 education agency programs have been designed

6 and implemented in a manner that specifically

7 targets, if relevant to the program—

8 ‘‘(i) research-based variables that are

9 predictive of drug use or violence;

10 ‘‘(ii) risk factors that are predictive of

11 an increased likelihood that young people

12 will use drugs, alcohol or tobacco or en13 gage in violence or drop out of school; or

14 ‘‘(iii) protective factors, buffers, or as15 sets that are known to protect children and

16 youth from exposure to risk, either by re17 ducing the exposure to risk factors or by

18 changing the way the young person re19 sponds to risk, and to increase the likeli20 hood of positive youth development; and

21 ‘‘(C) whether funded community and local

22 education agency programs have appreciably re23 duced the level of drug, alcohol and tobacco use

24 and school violence and the presence of firearms

25 at schools.
42

•S 1823 IS

1 ‘‘(2) DATA COLLECTION.—The National Center

2 for Education Statistics shall collect data to deter3 mine the frequency, seriousness, incidence and prev4 alence, age of onset, perception of health risk, and

5 perception of social disapproval of drug use and vio6 lence in elementary and secondary schools in the

7 States. The Secretary shall collect the data using,

8 wherever appropriate, data submitted by the States

9 pursuant to subsection (b)(2)(B).

10 ‘‘(3) BIENNIAL REPORT.—Not later than Janu11 ary 1, 2002, and every 2 years thereafter, the Sec12 retary shall submit to the President and Congress a

13 report on the findings of the evaluation conducted

14 under paragraph (1) together with the data collected

15 under paragraph (2).

16 ‘‘(b) STATE REPORT.—

17 ‘‘(1) IN GENERAL.—By October 1, 2001, and

18 every 2 years thereafter, the chief executive officer

19 of the State, in cooperation with the State edu20 cational agency, shall submit to the Secretary a

21 report—

22 ‘‘(A) on the implementation and outcomes

23 of State programs under section 4114 and sec24 tion 4113(b) and local educational agency pro-
43

•S 1823 IS

1 grams under section 4113(d), as well as an as2 sessment of their effectiveness; and

3 ‘‘(B) on the State’s progress toward at4 taining its goals for drug and violence preven5 tion under subsections (b)(1) and (c)(1) of sec6 tion 4112.

7 ‘‘(2) SPECIAL RULE.—The report required by

8 this subsection shall be—

9 ‘‘(A) in the form specified by the Sec10 retary;

11 ‘‘(B) based on the State’s ongoing evalua12 tion activities, and shall include data on the in13 cidence and prevalence, age of onset, perception

14 of health risk, and perception of social dis15 approval of drug use and violence by youth in

16 schools and communities; and

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

18 ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—

19 ‘‘(1) IN GENERAL.—Each local educational

20 agency receiving funds under this subpart shall sub21 mit to the State educational agency such informa22 tion that the State requires to complete the State re23 port required by subsection (b).
44

•S 1823 IS

1 ‘‘(2) AVAILABILITY.—Information under para2 graph (1) shall be made readily available to the pub3 lic.

4 ‘‘(3) PROVISION OF DOCUMENTATION.—Not

5 later than January 1 of each year that a State is re6 quired to report under subsection (b), the Secretary

7 shall provide to the State education agency all of the

8 necessary documentation required for compliance

9 with this section.

10 ‘‘SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.

11 ‘‘(a) GENERAL AUTHORITY.—From the funds made

12 available pursuant to section 4111(a)(4) to carry out this

13 section, the Secretary shall make grants to or enter into

14 cooperative agreements or contracts with organizations

15 primarily serving and representing Native Hawaiians

16 which are recognized by the Governor of the State of Ha17 waii to plan, conduct, and administer programs, or por18 tions thereof, which are authorized by and consistent with

19 the provisions of this title for the benefit of Native Hawai20 ians.

21 ‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the

22 purposes of this section, the term ‘Native Hawaiian’

23 means any individual any of whose ancestors were natives,

24 prior to 1778, of the area which now comprises the State

25 of Hawaii.
45

•S 1823 IS

1 ‘‘Subpart 2—National Programs

2 ‘‘SEC. 4121. FEDERAL ACTIVITIES.

3 ‘‘(a) PROGRAM AUTHORIZED.—From funds made

4 available to carry out this subpart under section 4004(2),

5 the Secretary, in consultation with the Secretary of Health

6 and Human Services, the Director of the Office of Na7 tional Drug Control Policy, and the Attorney General,

8 shall carry out programs to prevent the illegal use of drugs

9 and violence among, and promote safety and discipline for,

10 students at all educational levels from preschool through

11 the postsecondary level. The Secretary shall carry out such

12 programs directly, or through grants, contracts, or cooper13 ative agreements with public and private nonprofit organi14 zations and individuals, or through agreements with other

15 Federal agencies, and shall coordinate such programs with

16 other appropriate Federal activities. Such programs may

17 include—

18 ‘‘(1) the development and demonstration of in19 novative strategies for training school personnel,

20 parents, and members of the community, including

21 the demonstration of model preservice training pro22 grams for prospective school personnel;

23 ‘‘(2) demonstrations and rigorous evaluations of

24 innovative approaches to drug and violence preven25 tion;
46

•S 1823 IS

1 ‘‘(3) the provision of information on drug abuse

2 education and prevention to the Secretary of Health

3 and Human Services for dissemination by the clear4 inghouse for alcohol and drug abuse information es5 tablished under section 501(d)(16) of the Public

6 Health Service Act;

7 ‘‘(4) the development of curricula related to

8 child abuse prevention and education and the train9 ing of personnel to teach child abuse education and

10 prevention to elementary and secondary school11 children;

12 ‘‘(5) program evaluations in accordance with

13 section 14701 that address issues not addressed

14 under section 4117(a);

15 ‘‘(6) direct services to schools and school sys16 tems afflicted with especially severe drug and vio17 lence problems or to support crisis situations and

18 appropriate response efforts;

19 ‘‘(7) activities in communities designated as

20 empowerment zones or enterprise communities that

21 will connect schools to community-wide efforts to re22 duce drug and violence problems;

23 ‘‘(8) developing and disseminating drug and vi24 olence prevention materials, including video-based

25 projects and model curricula;
47

•S 1823 IS

1 ‘‘(9) developing and implementing a comprehen2 sive violence prevention strategy for schools and

3 communities, that may include conflict resolution,

4 peer mediation, the teaching of law and legal con5 cepts, and other activities designed to stop violence;

6 ‘‘(10) the implementation of innovative activi7 ties, such as community service projects, designed to

8 rebuild safe and healthy neighborhoods and increase

9 students’ sense of individual responsibility;

10 ‘‘(11) grants to noncommercial telecommuni11 cations entities for the production and distribution

12 of national video-based projects that provide young

13 people with models for conflict resolution and re14 sponsible decisionmaking;

15 ‘‘(12) the development of education and train16 ing programs, curricula, instructional materials, and

17 professional training and development for preventing

18 and reducing the incidence of crimes and conflicts

19 motivated by hate in localities most directly affected

20 by hate crimes; and

21 ‘‘(13) other activities that meet unmet national

22 needs related to the purposes of this title.

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

24 review process in reviewing applications for funds under

25 this section.
48

•S 1823 IS

1 ‘‘SEC. 4122. NATIONAL COORDINATOR PROGRAM.

2 ‘‘(a) IN GENERAL.—The Secretary shall provide for

3 the establishment of a National Coordinator Program

4 under which the Secretary shall award grants to local edu5 cation agencies for the hiring of drug prevention and

6 school safety program coordinators.

7 ‘‘(b) USE OF FUNDS.—Amounts received under a

8 grant under subsection (a) shall be used by local education

9 agencies to recruit, hire, and train individuals to serve as

10 drug prevention and school safety program coordinators

11 in schools with significant drug and school safety prob12 lems. Such coordinators shall be responsible for devel13 oping, conducting, and analyzing assessments of drug and

14 crime problems at their schools, and administering the

15 safe and drug free grant program at such schools.

16 ‘‘SEC. 4123. SAFE AND DRUG FREE SCHOOLS AND COMMU17 NITIES ADVISORY COMMITTEE.

18 ‘‘(a) ESTABLISHMENT.—

19 ‘‘(1) IN GENERAL.—There is hereby established

20 an advisory committee to be known as the ‘Safe and

21 Drug Free Schools and Communities Advisory Com22 mittee’ (referred to in this section as the ‘Advisory

23 Committee’) to—

24 ‘‘(A) consult with the Secretary under sub25 section (b);
49

•S 1823 IS

1 ‘‘(B) coordinate Federal school- and com2 munity-based substance abuse and violence pre3 vention programs and reduce duplicative re4 search or services;

5 ‘‘(C) develop core data sets and evaluation

6 protocols for safe and drug free school- and

7 community-based programs;

8 ‘‘(D) provide technical assistance and

9 training for safe and drug free school- and com10 munity-based programs;

11 ‘‘(E) provide for the diffusion of research12 based safe and drug free school- and commu13 nity-based programs; and

14 ‘‘(F) review other regulations and stand15 ards developed under this title.

16 ‘‘(2) COMPOSITION.—The Advisory Committee

17 shall be composed of representatives from—

18 ‘‘(A) the Department of Education,

19 ‘‘(B) the Centers for Disease Control and

20 Prevention;

21 ‘‘(C) the National Institute on Drug

22 Abuse;

23 ‘‘(D) the National Institute on Alcoholism

24 and Alcohol Abuse;
50

•S 1823 IS

1 ‘‘(E) the Center for Substance Abuse Pre2 vention;

3 ‘‘(F) the Center for Mental Health Serv4 ices;

5 ‘‘(G) the Office of Juvenile Justice and

6 Delinquency Prevention;

7 ‘‘(H) the Office of National Drug Control

8 Policy; and

9 ‘‘(I) State and local governments, including

10 education agencies.

11 ‘‘(3) CONSULTATION.—In carrying out its du12 ties under this section, the Advisory Committee shall

13 annually consult with interested State and local co14 ordinators of school- and community-based sub15 stance abuse and violence prevention programs and

16 other interested groups.

17 ‘‘(b) PROGRAMS.—

18 ‘‘(1) IN GENERAL.—From funds made available

19 to carry out this subpart, the Secretary, in consulta20 tion with the Advisory Committee, shall carry out re21 search-based programs to strengthen the account22 ability and effectiveness of the State, Governor’s,

23 and national programs under this title.

24 ‘‘(2) GRANTS, CONTRACTS OR COOPERATIVE

25 AGREEMENTS.—The Secretary shall carry out para-
51

•S 1823 IS

1 graph (1) directly or through grants, contracts, or

2 cooperative agreements with public and nonprofit

3 private organizations and individuals or through

4 agreements with other Federal agencies.

5 ‘‘(3) COORDINATION.—The Secretary shall co6 ordinate programs under this section with other ap7 propriate Federal activities.

8 ‘‘(4) ACTIVITIES.—Activities that may be car9 ried out under programs funded under this section

10 may include—

11 ‘‘(A) the provision of technical assistance

12 and training, in collaboration with other Fed13 eral agencies utilizing their expertise and na14 tional and regional training systems, for Gov15 ernors, State education agencies and local edu16 cation agencies to support high quality, effective

17 programs that—

18 ‘‘(i) provide a thorough assessment of

19 the substance abuse and violence problem;

20 ‘‘(ii) utilize objective data and the

21 knowledge of a wide range of community

22 members;

23 ‘‘(iii) develop measurable goals and

24 objectives; and
52

•S 1823 IS

1 ‘‘(iv) implement research-based activi2 ties that have been shown to be effective

3 and that meet identified needs;

4 ‘‘(B) the provision of technical assistance

5 and training to foster program accountability;

6 ‘‘(C) the diffusion and dissemination of

7 best practices and programs;

8 ‘‘(D) the development of core data sets and

9 evaluation tools;

10 ‘‘(E) program evaluations;

11 ‘‘(F) the provision of information on drug

12 abuse education and prevention to the Secretary

13 of Health and Human Services for dissemina14 tion by the Clearinghouse for Alcohol and Drug

15 Abuse Information established under section

16 501(d)(16) of the Public Health Service Act;

17 and

18 ‘‘(G) other activities that meet unmet

19 needs related to the purposes of this title and

20 that are undertaken in consultation with the

21 Advisory Committee.

22 ‘‘SEC. 4124. HATE CRIME PREVENTION.

23 ‘‘(a) GRANT AUTHORIZATION.—From funds made

24 available to carry out this subpart under section 4004(1)

25 the Secretary may make grants to local educational agen-
53

•S 1823 IS

1 cies and community-based organizations for the purpose

2 of providing assistance to localities most directly affected

3 by hate crimes.

4 ‘‘(b) USE OF FUNDS.—

5 ‘‘(1) PROGRAM DEVELOPMENT.—Grants under

6 this section may be used to improve elementary and

7 secondary educational efforts, including—

8 ‘‘(A) development of education and train9 ing programs designed to prevent and to reduce

10 the incidence of crimes and conflicts motivated

11 by hate;

12 ‘‘(B) development of curricula for the pur13 pose of improving conflict or dispute resolution

14 skills of students, teachers, and administrators;

15 ‘‘(C) development and acquisition of equip16 ment and instructional materials to meet the

17 needs of, or otherwise be part of, hate crime or

18 conflict programs; and

19 ‘‘(D) professional training and develop20 ment for teachers and administrators on the

21 causes, effects, and resolutions of hate crimes

22 or hate-based conflicts.

23 ‘‘(2) IN GENERAL.—In order to be eligible to

24 receive a grant under this section for any fiscal year,

25 a local educational agency, or a local educational
54

•S 1823 IS

1 agency in conjunction with a community-based orga2 nization, shall submit an application to the Secretary

3 in such form and containing such information as the

4 office may reasonably require.

5 ‘‘(3) REQUIREMENTS.—Each application under

6 paragraph (2) shall include—

7 ‘‘(A) a request for funds for the purposes

8 described in this section;

9 ‘‘(B) a description of the schools and com10 munities to be served by the grants; and

11 ‘‘(C) assurances that Federal funds re12 ceived under this section shall be used to sup13 plement, not supplant, non-Federal funds.

14 ‘‘(4) COMPREHENSIVE PLAN.—Each application

15 shall include a comprehensive plan that contains—

16 ‘‘(A) a description of the hate crime or

17 conflict problems within the schools or the com18 munity targeted for assistance;

19 ‘‘(B) a description of the program to be

20 developed or augmented by such Federal and

21 matching funds;

22 ‘‘(C) assurances that such program or ac23 tivity shall be administered by or under the su24 pervision of the applicant;
55

•S 1823 IS

1 ‘‘(D) proper and efficient administration of

2 such program; and

3 ‘‘(E) fiscal control and fund accounting

4 procedures as may be necessary to ensure pru5 dent use, proper disbursement, and accurate ac6 counting of funds received under this section.

7 ‘‘(c) AWARD OF GRANTS.—

8 ‘‘(1) SELECTION OF RECIPIENTS.—The Sec9 retary shall consider the incidence of crimes and

10 conflicts motivated by bias in the targeted schools

11 and communities in awarding grants under this

12 section.

13 ‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Sec14 retary shall attempt, to the extent practicable, to

15 achieve an equitable geographic distribution of grant

16 awards.

17 ‘‘(3) DISSEMINATION OF INFORMATION.—The

18 Secretary shall attempt, to the extent practicable, to

19 make available information regarding successful hate

20 crime prevention programs, including programs es21 tablished or expanded with grants under this section.

22 ‘‘(d) REPORTS.—The Secretary shall submit to the

23 Congress a report every two years which shall contain a

24 detailed statement regarding grants and awards, activities
56

•S 1823 IS

1 of grant recipients, and an evaluation of programs estab2 lished under this section.

3 ‘‘Subpart 3—General Provisions

4 ‘‘SEC. 4131. DEFINITIONS.

5 ‘‘In this part:

6 ‘‘(1) COMMUNITY-BASED ORGANIZATION.—The

7 term ‘community-based organization’ means a pri8 vate nonprofit organization which is representative

9 of a community or significant segments of a commu10 nity and which provides educational or related serv11 ices to individuals in the community.

12 ‘‘(2) DRUG AND VIOLENCE PREVENTION.—The

13 term ‘drug and violence prevention’ means—

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

15 early intervention, rehabilitation referral, or

16 education related to the illegal use of alcohol

17 and the use of controlled, illegal, addictive, or

18 harmful substances, including inhalants and an19 abolic steroids;

20 ‘‘(B) prevention, early intervention, smok21 ing cessation activities, or education, related to

22 the use of tobacco by children and youth eligible

23 for services under this title; and

24 ‘‘(C) with respect to violence, the pro25 motion of school safety, such that students and
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1 school personnel are free from violent and dis2 ruptive acts, including sexual harassment and

3 abuse, and victimization associated with preju4 dice and intolerance, on school premises, going

5 to and from school, and at school-sponsored ac6 tivities, through the creation and maintenance

7 of a school environment that is free of weapons

8 and fosters individual responsibility and respect

9 for the rights of others.

10 ‘‘(3) HATE CRIME.—The term ‘hate crime’

11 means a crime as described in section 1(b) of the

12 Hate Crime Statistics Act of 1990.

13 ‘‘(4) NONPROFIT.—The term ‘nonprofit’, as ap14 plied to a school, agency, organization, or institution

15 means a school, agency, organization, or institution

16 owned and operated by one or more nonprofit cor17 porations or associations, no part of the net earnings

18 of which inures, or may lawfully inure, to the benefit

19 of any private shareholder or individual.

20 ‘‘(5) OBJECTIVELY MEASURABLE GOALS.—The

21 term ‘objectively measurable goals’ means prevention

22 programming goals defined through use of quan23 titative epidemiological data measuring the preva24 lence of alcohol, tobacco, and other drug use, vio25 lence, and the prevalence of risk and protective fac-
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1 tors predictive of these behaviors, collected through

2 a variety of methods and sources known to provide

3 high quality data.

4 ‘‘(6) PROTECTIVE FACTOR, BUFFER, OR

5 ASSET.—The terms ‘protective factor’, ‘buffer’, and

6 ‘asset’ mean any one of a number of the community,

7 school, family, or peer-individual domains that are

8 known, through prospective, longitudinal research ef9 forts, or which are grounded in a well-established

10 theoretical model of prevention, and have been

11 shown to prevent alcohol, tobacco, or illicit drug use,

12 as well as violent behavior, by youth in the commu13 nity, and which promote positive youth development.

14 ‘‘(7) RISK FACTOR.—The term ‘risk factor’

15 means any one of a number of characteristics of the

16 community, school, family, or peer-individual do17 mains that are known, through prospective, longitu18 dinal research efforts, to be predictive of alcohol, to19 bacco, and illicit drug use, as well as violent behav20 ior, by youth in the school and community.

21 ‘‘(8) SCHOOL-AGED POPULATION.—The term

22 ‘school-aged population’ means the population aged

23 five through 17, as determined by the Secretary on

24 the basis of the most recent satisfactory data avail25 able from the Department of Commerce.
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1 ‘‘(9) SCHOOL PERSONNEL.—The term ‘school

2 personnel’ includes teachers, administrators, guid3 ance counselors, social workers, psychologists,

4 nurses, librarians, and other support staff who are

5 employed by a school or who perform services for the

6 school on a contractual basis.

7 ‘‘SEC. 4132. MATERIALS.

8 ‘‘(a) ‘ILLEGAL AND HARMFUL’ MESSAGE.—Drug

9 prevention programs supported under this part shall con10 vey a clear and consistent message that the illegal use of

11 alcohol and other drugs is illegal and harmful.

12 ‘‘(b) CURRICULUM.—The Secretary shall not pre13 scribe the use of specific curricula for programs supported

14 under this part, but may evaluate the effectiveness of such

15 curricula and other strategies in drug and violence preven16 tion.

17 ‘‘SEC. 4133. PROHIBITED USES OF FUNDS.

18 ‘‘No funds under this part may be used for—

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

20 needed to accomplish the purposes of this part); and

21 ‘‘(2) medical services, drug treatment or reha22 bilitation, except for pupil services or referral to

23 treatment for students who are victims of or wit24 nesses to crime or who use alcohol, tobacco, or

25 drugs.
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1 ‘‘SEC. 4134. QUALITY RATING.

2 ‘‘(a) IN GENERAL.—The chief executive officer of

3 each State, or in the case of a State in which the constitu4 tion or law of such State designates another individual,

5 entity, or agency in the State to be responsible for edu6 cation activities, such individual, entity, or agency, is au7 thorized and encouraged—

8 ‘‘(1) to establish a standard of quality for drug,

9 alcohol, and tobacco prevention programs imple10 mented in public elementary schools and secondary

11 schools in the State in accordance with subsection

12 (b); and

13 ‘‘(2) to identify and designate, upon application

14 by a public elementary school or secondary school,

15 any such school that achieves such standard as a

16 quality program school.

17 ‘‘(b) CRITERIA.—The standard referred to in sub18 section (a) shall address, at a minimum—

19 ‘‘(1) a comparison of the rate of illegal use of

20 drugs, alcohol, and tobacco by students enrolled in

21 the school for a period of time to be determined by

22 the chief executive officer of the State;

23 ‘‘(2) the rate of suspensions or expulsions of

24 students enrolled in the school for drug, alcohol, or

25 tobacco-related offenses;
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1 ‘‘(3) the effectiveness of the drug, alcohol, or

2 tobacco prevention program as proven by research;

3 ‘‘(4) the involvement of parents and community

4 members in the design of the drug, alcohol, and to5 bacco prevention program; and

6 ‘‘(5) the extent of review of existing community

7 drug, alcohol, and tobacco prevention programs be8 fore implementation of the public school program.

9 ‘‘(c) REQUEST FOR QUALITY PROGRAM SCHOOL

10 DESIGNATION.—A school that wishes to receive a quality

11 program school designation shall submit a request and

12 documentation of compliance with this section to the chief

13 executive officer of the State or the individual, entity, or

14 agency described in subsection (a), as the case may be.

15 ‘‘(d) PUBLIC NOTIFICATION.—Not less than once a

16 year, the chief executive officer of each State or the indi17 vidual, entity, or agency described in subsection (a), as

18 the case may be, shall make available to the public a list

19 of the names of each public school in the State that has

20 received a quality program school designation in accord21 ance with this section.’’.

Æ