THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Third 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 to have drug-free schools is to follow the 
successful program of the military and the workplace. 
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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Third Regdlar Session 
1 
S.B. No. EN&Y1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO IiEQkJrliE LOCAL I-II>UCAJ‘IONAL. AGENCIES ‘YO I~l-~VEI,Ol’ 
ANI) lMl’l,l-~MEN’J‘ h 
RANDOM DRUG TESTING AND COUNSELING PROGRAM 
FOR STUDENTS IN HIGH SCIHOOL. 
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 known as the “Parental Conscnt Drug 
’I’csting add Counseling Act of 2007”’. 
SECTION 2. Definition of Term. - The following terms as used in this Act shall be 
defined ad follows: 
(1 j “Parcnt” includes a legal guardian or other person standing in loco parentis; 
(2) “Secreldry“ refers to the Secretary ol‘Educalion; 
SgCTION 3, Grcmt Authorizution. - 
(a) ’I’hc Secretary is authorized to provide grants to schools to dcvclop and implement a 
random drug testing and counseling program authorized by parents lor students in high school 
that shall be conducted on school prcmises. 
(N) Any school that wishes to receive a grant under this part fbr any fiscal year shall 
submit an application to the Secretary at such time and in such manncr as thc Sccrclary may 
rcquire. 
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 
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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. 
SECTION 5. Requirements and Oplionul Aclivilies. - 
(a) IN GliNtiliAI. - tiach school that receives a grait under this Act shall certify that: 
(1) funds rcceived under this Act shall be used in accordance with subsection (13): 
(2) thc school shall develop a plan to impleincnt a drug tcsting and counseling 
program; and 
(3) before iinpleinentation, any drug testing and counscling plan or suhsequcnt 
amcndnient to such plan shall be considered a public doennienl and in& available to the 
public for rcvicw, not later thai 30 days after such plan or aineudnicnt is availablc. 
(b) IJSES OF FINDS- A school that receives a grant under this Act shall utilize such 
funds to provide, either directly or through contract with outside ~ ~ L I I ' C C S ~  
thc Tollowing: 
(1) 50 percent of Tunds allocated uider this Act shall be used to perform drug 
tcsting for each studcnt in high school for which the school has rcccivcd parcntal 
permission, not less thai once each year. Such testing shall, at a minimum, include a 
drug screening for marijuana, amphetamines, phencyclidinc (PCX'), opiates, and cocaine. 
(2) 50 percent of funds allocaled under this Act shall be uscd to provide 
counseling scrviccs to any high school student who receives a positivc tcst rcsult with 
such services continuing during the school year until a parent withdraws permission Tor 
such counseling. 
(c) TESTING REQIJIREMENTS- A school that receives a grant under this Act shall 
iinplcrncnt policies regarding drug testing as follows: 
(1) In the case of any stiident who receives a positive drug test result for thc lirst 
time during that school year, an additional drug tcst shall be administcred. 
(2) In the case of any student who receives a sccoiid positive drug test result, 
additional drug tests will be provided every 4 to 6 weeks until the parents of the student 
withdraw permission for drug testing. 
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SECTION 6. Gemrul Requirenzents. - 
(a) Rl~i~0I~’llNG 
01; TIW’ ItI-ISUI.’I’S -- Each school that reccivcs runds under this Act 
shall inrorm parents in detail regarding llie random testing program and the counscling program 
to cnsurc that: 
( I )  at the beginning of each school year parents are notified or the option to enroll 
their child in the random drug testing prograni and inforincd of thc counseling program 
a i d  services oll’cred through the program; and 
(2) parents are notified, on a timely basis, regarding- 
(A) the positive results of any drug test of their child who pwticipates in 
the program; and 
(B) the refusal of their child to take a drug test or participate in the 
counscling program, if applicable. 
(17) CONFIDENTIALITY- The school shall develop and cnf‘orce staiidards designed to 
protect the confidentiality of all student test rcsults with the results of such tests rcleascd only to 
the parents of a student. No other public or private entity may receive or have access to drug 
testing rcsults. No law enforcement agency shall have access to drug tcsting results. Inca1 
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 taken 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 remaiu 
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. 
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SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (1 5) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
FLDP/6/6/07 
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