FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
This bill seeks to require schools to develop and implement a random drug testing and 
counseling program for students in high school. Under this bill, fifty percent of the grants would 
be used to perform random drug tests of high school students whose parents consent and fifty 
percent would be used to provide counseling services to high school students who test positive. 
This measure provides that the test results go to the school and then the parents; law 
enforcement is barred from the results. However, when there is a second positive result, test 
results should go to a medical review officer and then directly to parents, and that school 
officials should also be notified. The only way lo have drug-free schools is to follow the 
successful program of the military and the workplace.' 
This bill was originally filed in the Thiiteenth Congress, Third Regula1 Session. 
I 


8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
._c 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
1 
OF THE PHILIPPINES 
1 
( 
-4 : 
S E N A T E  
S.B.No. 1120 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
‘I‘O KlQUIIZl< I,OCAI., IXNCA‘I‘JONAI, AGI:3NCII%‘ ’1.0 I)l?VEI,OI’ AND IMf’1.13MI?N,“ A 
RANDOM DRlJG ‘TES’HNG AND COIJNSELlNG I’IZOGRAM 
FOR STUDENTS IN HIGH SCHOOL. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be lcnown as the “Parental Consent Drug 
Testing and Counseling Act of 2007”’. 
SECTION 2. Definition of Term. - The following terms as used in this Act shall be 
defined as follows: 
(1) “l’arcnt” includes a legal guardian or other person standing iii loco parentis; 
(2) “Secretary” rel‘ers 10 the Secrelary of Education; 
SECTION 3. Grant Authorization. - 
(a) The Secretary is authorized to provide grants to schools to develop and implement a 
random drug tcstiiig and counseling program authorized by parents for students in high school 
that shall be conducted on school premises. 
(b) Any school that wishes to receive a grant under this part for any fiscal year shall 
submit an application to the Secretary at such time and in such manner as the Secretary may 
require. 
SECTION 4. Allocation. - The Secretary shall allocate the amount available among such 
local government units on the basis of their relative populations of students in high school, as 
determined by the Secretary on the basis of the most recent satisfactory data. The Secretary may 
reserve the lesser of 0.10 percent (0.10%) of the total amount appropriated to carry out this Act 
in each fiscal year for the costs of administration. 
1 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
SECTION 5. Requirements and Clplionnl Achities. - 
(a) IN GllNIIIZAI, - I’acli school that receives a grant under this Act shall certify that: 
(1) funds received under this Act shall be used in accordance with subsection (b); 
(2) the school shall develop a plan to implcmcnt a drug tcsting and counseling 
program; and 
(3) beforc implementation, any drug testing and counseling plan or subsequent 
ainendment to such plan shall be considered a public document and made available to the 
public for review, not later than 30 days after such plan or amciidnient is available. 
(b) IJSES OF FINDS- A school that receives a grant tinder this Act shall utilize such 
funds to provide, either directly or through contract with outside sowces, the following: 
(1) 50 percent of funds allocated under this Act shall be nsed to perform drug 
tcsting for each student in high school for which the school has received parental 
permission, not less thai once each year. Such testing shall, at a minimum, include a 
drug screening for marijuana, amphetamines, phencyclidine (IT!?), opiatcs, and cocaine. 
(2) 50 percent of funds allocated under this Act shall be used to provide 
counseling scrviccs to any high school student who rcceives a positivc tcst result with 
such services continuing during the school year until a parent withdraws permission [or 
such counseling. 
(c) TESTING REQIJIREMENTS- A school that receives a grant under this Act shall 
implement policics regarding dnig testing as follows: 
(1) In the case of any student who receives a positive diug test result for the first 
time during that scliool year, an additional drug test shall be administercd. 
(2) In the case of any student who receives a second lmsitive drug test result, 
additional dnig tests will be provided cvcry 4 to 6 weeks until the parents of the studcnt 
withdraw permission I‘or drug testing. 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
SECTION 6. C;eneral Requirements. - 
(a) RIYOR'1'ING OF 'I'HS'L' ItI?3Jl.'I'S - Each school that rcccivcs funds under this Act 
shall inform parents in detail regarding tlie random testing program and the counseling program 
to ciisure that: 
(1) at tlie heginning of each school year parents are notitied or the option to enroll 
their child in the random drug testing program atid infoiincd of the counseling program 
and services ofrered through the program; and 
(2) parents arc notified, on a timely basis, regarding-- 
(A) the positive results of any drug test d 
their child who participates in 
the program; and 
(B) the refusal of their chiid to talce a drug test or participate in the 
counseling program, if applicable. 
(h) CONFIDENTIALITY- The school shall develop and enforce standards designed to 
protect thc confidentiality of all student test rcsults with the results of such tests rclcased only to 
the parents of a student. No other public or private entity may receive or have access to drug 
testing results. No law cnforccmcnt agency shall have ~CCCSS to drug tcsting results. Local 
government units shall develop policies dealing with violations of confidentiality. 
SECTION 7. Appropriations. - Such sums as may be necessary for the initial 
implementation of this Act shall be talcen from the current appropriations of the Department of 
Education (DepEd). Thereafter, the fund necessary to carry out the provisions of this Act shall 
be included in the annual General Appropriations Act. 
SECTION 8. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative rule or regulation contrary to or inconsistent with the 
provisions of this Act is hereby repealed, modified or amended accordingly. 
3 


1 
2 
SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
FLDP/6/6/07 
4