727 
•HR 1 RH1&2 
rectly, or through grants and contracts, to plan, de-
velop, and implement capacity building, technical as-
sistance, evaluation, program improvement services, 
and coordination activities for local educational agen-
cies, community-based organizations, other public en-
tities, and private organizations that are designed to 
support the implementation of programs and activi-
ties under this subpart. 
‘‘(2) DATA COLLECTION.— 
‘‘(A) STATISTICS.—A State may use a por-
tion of the funds, not to exceed 20 percent, de-
scribed in subsection (b)(2), either directly or 
through grants and contracts, to establish and 
implement a statewide system of collecting data 
regarding statistics on— 
‘‘(i) truancy rates; and 
‘‘(ii) the frequency, seriousness, and in-
cidence of violence and drug related offenses 
resulting in suspensions and expulsion in 
elementary and secondary schools in States. 
‘‘(B) COMPILATION
OF
STATISTICS.—The 
statistics shall be compiled in accordance with 
definitions as determined in the State criminal 
code, but shall not identify victims of crimes or 
persons accused of crimes. The collected data 
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shall include, incident reports by school officials, 
anonymous student surveys, and anonymous 
teacher surveys. 
‘‘(C) REPORTING.—Such data and statistics 
shall be reported to the public and shall be re-
ported on a school-by-school basis. 
‘‘(D) LIMITATION.—Nothing in this sub-
section shall be construed to authorize the Sec-
retary to require particular policies, procedures, 
or practices with respect to crimes on school 
property or school security. 
‘‘(3) SAFE SCHOOLS.—The State shall establish 
and implement a statewide policy requiring that stu-
dents attending persistently dangerous public elemen-
tary and secondary schools, as determined by the 
State, or who become a victim of a violent criminal 
offense, as defined by State law, while in or on the 
grounds of a public elementary school or secondary 
school that the student attends, be allowed to attend 
a safe public elementary or secondary school, within 
the local educational agency, including a public char-
ter school and allowing payment of reasonable trans-
portation costs and tuition costs for such students. 
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•HR 1 RH1&2 
‘‘SEC. 5113. STATE APPLICATION. 
‘‘(a) IN GENERAL.—In order to receive an allotment 
under section 5111 for any fiscal year, a State shall submit 
to the Secretary, at such time as the Secretary may require, 
an application that— 
‘‘(1) describes the activities to be funded under 
section 5112(c); 
‘‘(2) describes how activities funded under this 
subpart will support State academic achievement 
standards in accordance with section 1111; 
‘‘(3) describes how funds under this subpart will 
be coordinated with programs under this Act, and 
other programs, as appropriate, in accordance with 
the provisions of section 8306; 
‘‘(4) provides an assurance that the application 
was developed in consultation and coordination with 
appropriate State officials and others, including the 
chief executive officer, the chief State school officer, the 
head of the State alcohol and drug abuse agency, the 
heads of the State health and mental health agencies, 
the head of the State criminal justice planning agen-
cy, the head of the State child welfare agency, the 
head of the State board of education, or their des-
ignees, and representatives of parents, students, and 
community-based organizations; 
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•HR 1 RH1&2 
‘‘(5) provides an assurance that the State will 
cooperate with, and assist, the Secretary in con-
ducting data collection as required by section 5116(a); 
‘‘(6) provides an assurance that the local edu-
cational agencies in the State will comply with the 
provisions of section 8503 pertaining to the partici-
pation of private school children and teachers in the 
programs and activities under this subpart; 
‘‘(7) provides an assurance that funds under this 
subpart will be used to increase the level of State, 
local, and other non-Federal funds that would, in the 
absence of funds under this subpart, be made avail-
able for programs and activities authorized under this 
subpart, and in no case supplant such State, local, 
and other non-Federal funds; 
‘‘(8) describes the results of the State’s needs and 
resources assessment for violence and illegal drug use 
prevention which shall be based on the results of on- 
going evaluation (which may include data on the in-
cidence and prevalence, age of onset, perception of 
health risk and perception of social disapproval of vi-
olence and illegal drug use by youth in schools and 
communities and the prevalence of risk and protective 
factors or other scientifically based research variables 
in the school and community); 
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•HR 1 RH1&2 
‘‘(9)(A) provides a statement of the State’s per-
formance measures for drug and violence prevention 
programs and activities to be funded under this part 
that shall be developed in consultation between the 
State and local officials and that consist of— 
‘‘(i) performance indicators for drug and 
violence prevention programs and activities; and 
‘‘(ii) levels of performance for each perform-
ance indicator; 
‘‘(B) a description of the procedures the State 
will use for assessing and publicly reporting progress 
toward meeting those performance measures; and 
‘‘(C) a plan for monitoring the implementation 
of, and providing technical assistance regarding, the 
activities and programs conducted by local edu-
cational agencies, community-based organizations, 
other public entities, and private organizations under 
this subpart; 
‘‘(10) provides an assurance that the State will 
consult with a representative sample of local edu-
cational agencies in the development of the definition 
of ‘persistently dangerous school’ for the purposes of 
section 5112(c)(3); 
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•HR 1 RH1&2 
‘‘(11) provides a description of how the State de-
fines ‘persistently dangerous school’ for the purposes 
of section 5112(c)(3); and 
‘‘(12) provides an assurance that the State ap-
plication will be available for public review after sub-
mission of the application. 
‘‘(b) GENERAL APPROVAL.—A State application sub-
mitted pursuant to subsection (a) shall be deemed to be ap-
proved by the Secretary unless the Secretary makes a writ-
ten determination, prior to the expiration of the 90-day pe-
riod beginning on the date that the Secretary receives the 
application, that the application is in violation of this sub-
part. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove a State application, except after giving the 
State notice and opportunity for a hearing. 
‘‘SEC. 5114. FORMULA GRANT PROGRAM. 
‘‘(a) IN GENERAL.— 
‘‘(1) FUNDS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.—A State shall provide the amount made avail-
able to the State under this subpart, less the amounts 
reserved under sections 5111 and 5112 to local edu-
cational agencies for drug and violence prevention 
and education as follows: 
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•HR 1 RH1&2 
‘‘(A) 60 percent of such amount based on 
the relative amount such agencies received under 
part A of title I for the preceding fiscal year. 
‘‘(B) 40 percent of such amount to local 
educational agencies based on the relative enroll-
ments in public and private nonprofit elemen-
tary and secondary schools within the bound-
aries of such agencies. 
‘‘(2) ADMINISTRATIVE
COSTS.—Of the amount 
received under paragraph (1), a local educational 
agency may use not more than 1 percent for the ad-
ministrative costs of carrying out its responsibilities 
under this subpart. 
‘‘(3) RETURN OF FUNDS TO STATE; REALLOCA-
TION.— 
‘‘(A) RETURN.—Except as provided in sub-
paragraph (B), upon the expiration of the 1-year 
period beginning on the date that a local edu-
cational agency receives its allocation— 
‘‘(i) such agency shall return to the 
State any funds from such allocation that 
remain unobligated; and 
‘‘(ii) the State shall reallocate any such 
amount to local educational agencies that 
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•HR 1 RH1&2 
have submitted plans for using such amount 
for programs or activities on a timely basis. 
‘‘(B) CARRYOVER.—In any fiscal year, a 
local educational agency, may retain for obliga-
tion in the succeeding fiscal year— 
‘‘(i) an amount equal to not more than 
25 percent of the allocation it received 
under this subpart for such fiscal year; or 
‘‘(ii) upon a demonstration of good 
cause by such agency and approval by the 
State, an amount that exceeds 25 percent of 
such allocation. 
‘‘(b) ELIGIBILITY.—To be eligible to receive a subgrant 
under this subpart, a local educational agency desiring a 
subgrant shall submit an application to the State. Such an 
application shall be amended, as necessary, to reflect 
changes in the activities and programs of the local edu-
cational agency. 
‘‘(c) DEVELOPMENT.— 
‘‘(1) CONSULTATION.— 
‘‘(A) IN
GENERAL.—A local educational 
agency shall develop its application through 
timely and meaningful consultation with State 
and local government representatives, representa-
tives of schools to be served, school personnel, and 
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•HR 1 RH1&2 
community organizations with relevant and 
demonstrated expertise in drug and violence pre-
vention activities, students and parents. 
‘‘(B) CONTINUED
CONSULTATION.—On an 
ongoing basis, the local educational agency shall 
consult with such representatives and organiza-
tions in order to seek advice regarding how best 
to coordinate such agency’s activities under this 
subpart with other related strategies, programs, 
and activities being conducted in the commu-
nity. 
‘‘(2) DESIGN
AND
DEVELOPMENT.—To ensure 
timely and meaningful consultation, a local edu-
cational agency at the initial stages of design and de-
velopment of a program or activity shall consult, in 
accordance with this subsection, with appropriate en-
tities and persons on issues regarding the design and 
development of the program or activity, including ef-
forts to meet the principles of effectiveness described 
in section 5115(a). 
‘‘(d) CONTENTS OF APPLICATIONS.— 
‘‘(1) IN GENERAL.—An application submitted by 
a local educational agency under this section shall 
contain— 
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•HR 1 RH1&2 
‘‘(A) an assurance that the activities or pro-
grams to be funded support State academic 
achievement goals in accordance with section 
1111; 
‘‘(B) a detailed explanation of the local edu-
cational agency’s comprehensive plan for drug 
and violence prevention, which shall include a 
description of— 
‘‘(i) how the plan will be coordinated 
with programs under this Act, other Fed-
eral, State, and local programs for drug 
and violence prevention, in accordance with 
the provisions of section 8306; 
‘‘(ii) the local educational agency’s 
performance measures for drug and violence 
prevention programs and activities, that 
shall consist of— 
‘‘(I) performance indicators for 
drug and violence prevention programs 
and activities; and 
‘‘(II) levels of performance for 
each performance indicator; 
‘‘(iii) how such agency will assess and 
publicly report progress toward attaining 
its performance measures; 
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•HR 1 RH1&2 
‘‘(iv) the drug and violence prevention 
activity or program to be funded, including 
how the activity or program will meet the 
principles of effectiveness described in sec-
tion 5115(a), and the means of evaluating 
such activity or program; and 
‘‘(v) how the services will be targeted to 
schools and students with the greatest need; 
‘‘(C) a certification that a meaningful as-
sessment has been conducted to determine com-
munity needs (including consultation with com-
munity leaders, businesses, and school officials), 
available resources and capacity in the public 
and private sector (which may include an anal-
ysis based on data reasonably available at the 
time on the incidence and prevalence, age of 
onset, perception of health risk, and perception of 
social disapproval of drug use and violence by 
youth in schools and communities, prevalence of 
risk and protective factors, buffers or assets, or 
other scientifically based research variables in 
the school and community), the findings of such 
assessments; 
‘‘(D) an assurance that funds under this 
subpart will be used to increase the level of State, 
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•HR 1 RH1&2 
local, and other non-Federal funds that would, 
in the absence of funds under this subpart, be 
made available for programs and activities au-
thorized under this subpart, and in no case sup-
plant such State, local, and other non-Federal 
funds; 
‘‘(E) a description of the mechanisms used 
to provide effective notice to the community of 
an intention to submit an application under this 
title; 
‘‘(F) an assurance that drug prevention 
programs supported under this part convey a 
clear and consistent message that the illegal use 
of drugs is wrong and harmful; 
‘‘(G) an assurance that the local edu-
cational agency has established and implemented 
a student code of conduct policy that clearly 
states responsibilities of students, teachers, and 
administrators in maintaining a classroom envi-
ronment that allows a teacher to communicate 
effectively with all students in the class, that al-
lows all students in the class to learn, has con-
sequences that are fair and appropriate for vio-
lations, and is enforced equitably; 
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•HR 1 RH1&2 
‘‘(H) an assurance that the application and 
any waiver request will be available for public 
review after submission of the application; and 
‘‘(I) such other information and assurances 
as the State may reasonably require. 
‘‘(2) GENERAL APPROVAL.—A local educational 
agency’s application submitted to the State under this 
subpart shall be deemed to be approved by the State 
unless the State makes a written determination, prior 
to the expiration of the 90-day period beginning on 
the date that the State receives the application, that 
the application is in violation of this subpart. 
‘‘(3) DISAPPROVAL.—The State shall not finally 
disapprove a local educational agency application, 
except after giving such agency notice and an oppor-
tunity for a hearing. 
‘‘SEC. 5115. AUTHORIZED ACTIVITIES. 
‘‘(a) PRINCIPLES OF EFFECTIVENESS.— 
‘‘(1) IN GENERAL.—For a program or activity 
developed pursuant to this subpart to meet the prin-
ciples of effectiveness, such program or activity 
shall— 
‘‘(A) be based upon an assessment of objec-
tive data regarding the incidence of violence and 
illegal drug use in the elementary and secondary 
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•HR 1 RH1&2 
schools and communities to be served, including 
an objective analysis of the current conditions 
and consequences regarding violence and illegal 
drug use, including delinquency and serious dis-
cipline problems, among students who attend 
such schools (including private school students 
who participate in the drug and violence preven-
tion program) that is based on ongoing local as-
sessment or evaluation activities; 
‘‘(B) be based upon an established set of 
performance measures aimed at ensuring that 
the elementary and secondary schools and com-
munities to be served by the program have a 
drug-free, safe, and orderly learning environ-
ment; and 
‘‘(C) be based upon scientifically based re-
search that provides evidence that the program to 
be used will reduce violence and illegal drug use. 
‘‘(2) PERIODIC EVALUATION.—The program or 
activity shall undergo a periodic evaluation to assess 
its progress toward reducing violence and illegal drug 
use in schools to be served based on performance 
measures described in section 5114(d)(1)(B)(ii) The 
results shall be used to refine, improve, and strength-
en the program, and to refine the performance meas-
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•HR 1 RH1&2 
ures. The results shall also be made available to the 
public upon request, with public notice of such avail-
ability provided. 
‘‘(3) WAIVER.—A local educational agency may 
apply to the State for a waiver of the requirement of 
paragraph (1)(C) to allow innovative activities or 
programs that demonstrate substantial likelihood of 
success. 
‘‘(b) LOCAL EDUCATIONAL AGENCY ACTIVITIES.— 
‘‘(1) PROGRAM
REQUIREMENTS.—A local edu-
cational agency shall use funds made available under 
section 5114 to develop, implement, and evaluate com-
prehensive programs and activities, which are coordi-
nated with other school and community-based services 
and programs, that shall— 
‘‘(A) support State academic achievement 
goals in accordance with section 1111; 
‘‘(B) be consistent with the principles of ef-
fectiveness described in subsection (a); 
‘‘(C) be designed to— 
‘‘(i) prevent or reduce violence and ille-
gal drug use, delinquency, serious discipline 
problems, and poor academic achievement 
and illegal drug use; and 
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•HR 1 RH1&2 
‘‘(ii) create a well disciplined environ-
ment conducive to learning, which includes 
consultation between teachers, principals, 
and other school personnel to identify early 
warning signs of drug use and violence and 
to provide behavioral interventions as part 
of classroom management efforts; and 
‘‘(D) include activities to promote the in-
volvement of parents in the activity or program, 
to promote coordination with community groups 
and coalitions, and government agencies, and to 
distribute information about the local edu-
cational agency’s needs, goals, and programs 
under this subpart. 
‘‘(2) AUTHORIZED ACTIVITIES.—Each local edu-
cational agency or consortium of such agencies, that 
receives a subgrant under this subpart may use such 
funds to carry out activities, such as— 
‘‘(A) developmentally appropriate drug and 
violence prevention programs in both elementary 
and secondary schools that incorporate a variety 
of prevention strategies and activities, which 
may include— 
‘‘(i) teaching students that most people 
do not use illegal drugs; 
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•HR 1 RH1&2 
‘‘(ii) teaching students to recognize so-
cial and peer pressure to use illegal drugs 
and the skills for resisting illegal drug use; 
‘‘(iii) teaching students about the dan-
gers of emerging drugs; 
‘‘(iv) engaging students in the learning 
process; 
‘‘(v) incorporating activities in sec-
ondary schools that reinforce prevention ac-
tivities implemented in elementary schools; 
and 
‘‘(vi) involving families and commu-
nities in setting clear expectations against 
violence and illegal drug use and enforcing 
appropriate consequences for violence and 
illegal drug use; 
‘‘(B) training of school personnel and par-
ents in youth drug and violence prevention, in-
cluding training in early identification, inter-
vention, and prevention of threatening behavior; 
‘‘(C) community-wide strategies for reduc-
ing violence and illegal drug use, and illegal 
gang activity; 
‘‘(D) to the extent that expenditures do not 
exceed 20 percent of the amount made available 
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