I
105TH CONGRESS
2D SESSION
H. R. 4378
To require local educational agencies to develop and implement a random
drug testing program for students in grades 7 through 12.
IN THE HOUSE OF REPRESENTATIVES
JULY 31, 1998
Mr. PETERSON of Pennsylvania (for himself, Mr. BARR of Georgia, Mr. BAR-
TON of Texas, and Mr. ENGLISH of Pennsylvania) introduced the follow-
ing bill; which was referred to the Committee on Education and the
Workforce
A BILL
To require local educational agencies to develop and imple-
ment a random drug testing program for students in
grades 7 through 12.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Empowering Parents
to Fight Drugs Act of 1998’’.
SEC. 2. GRANT AUTHORIZATION.
(a) STATE GRANTS.—The Secretary is authorized to
provide grants to State educational agencies to enable
each local educational agency in the State to develop and
implement a random drug testing program for students
in grades 7 through 12.
(b) LOCAL SUBGRANTS.—Each State educational
agency that receives a grant award under this Act shall
award not less than 99.75 of such amount to provide sub-
grants to local educational agencies.
(c) STATE APPLICATION.—Any State educational
agency desiring 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 re-
quire.
SEC. 3. ALLOCATION.
(a) IN GENERAL.—
(1) STATE ALLOCATION.—Except as provided
in subsection (b)(1), from the total amount appro-
priated pursuant to section 7 in any fiscal year, the
Secretary shall allocate to each State educational
agency an amount that bears the same ratio to such
total amount as the number of students enrolled in
grades 7 through 12 in such State in the preceding
fiscal year bears to the total number of such stu-
dents for all States for that fiscal year.
(2) LOCAL ALLOCATION.—Except as provided
in subsection (b)(2), of the remaining amounts ap-
propriated pursuant to section 7 in any fiscal year,
the State shall allocate to each local educational
agency an amount that bears the same ratio to such
remaining amount as the number of students en-
rolled in grades 7 through 12 in such agency bears
to the total number of such students for all local
educational agencies in the State for that fiscal year.
(b) ADMINISTRATIVE COSTS.—
(1) SECRETARY.—The Secretary may reserve
the lesser of $200,000 or 0.10 percent of the total
amount appropriated to carry out this Act in each
fiscal year for the costs of administration.
(2) STATE
EDUCATIONAL
AGENCIES.—Each
State educational agency may reserve not more than
0.25 percent of any grant funds received under this
Act in each fiscal year for the costs of administra-
tion.
(3) LOCAL
EDUCATIONAL
AGENCIES.—Each
local educational agency may reserve not more than
5 percent of any grant funds received under this Act
in each fiscal year for the costs of administration.
SEC. 4. REQUIREMENTS AND OPTIONAL ACTIVITIES.
(a) IN GENERAL.—Each local educational agency
that receives a grant under this Act shall certify to the
State educational agency that—
(1) funds received under this Act shall be used
in accordance with subsection (b);
(2) the agency shall develop a plan to imple-
ment a drug testing program; and
(3) before implementation, any drug testing
plan or subsequent amendment 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 amendment is available.
(b) USES OF FUNDS.—
(1) REQUIRED USES OF FUNDS.—A local edu-
cational agency that receives a grant under this Act
shall, either directly or through contract with outside
sources, provide for a drug test of each student in
grades 7 through 12 not less than once each year.
Such test shall, at a minimum, include a drug
screening 
for 
marijuana, 
amphetamines,
phencyclidine (PCP), opiates, and cocaine.
(2) OPTIONAL USES OF FUNDS.—After a local
educational agency has complied with the require-
ments of paragraph (1), the agency may use any re-
maining funds available for the following:
(A) LAW ENFORCEMENT ASSISTANCE.—To
contract with local law enforcement agencies to
assist in drug detection in schools, including the
use of drug sniffing dogs.
(B) ADDITIONAL TESTS.—To test students
more than once during a school year.
SEC. 5. GENERAL REQUIREMENTS.
(a) REPORTING OF TEST RESULTS.—Each local edu-
cational agency that receives funds under this Act shall
inform parents in detail about the random testing pro-
gram and ensure that—
(1) at the beginning of each school year, par-
ents are notified of their right to withdraw their
child from participation in the random drug testing
program; and
(2) parents receive, on a timely basis, the posi-
tive results of any drug test of a child who partici-
pates in the program.
(b) CONFIDENTIALITY.—The local educational agen-
cy shall develop and enforce standards designed to protect
the confidentiality of all student test results.
(c) MEDICAL REVIEW OFFICER.—
(1) IN GENERAL.—Each local educational agen-
cy that receives a grant under this Act shall provide,
either directly or through contract, for a medical re-
view officer.
(2) DUTIES.—Each medical review officer shall
be designated to receive all test results.
(A) FIRST POSITIVE RESULT.—In the case
of the first positive test result of a student, the
medical review officer shall be responsible to in-
form only parents by making every attempt fea-
sible to meet with the parents of such student
and inform the parents of the results and re-
sources and services of rehabilitation and edu-
cation available in the community.
(B) CONSECUTIVE POSITIVE RESULTS.—In
the case of a student who has 2 or more con-
secutive positive test results, the medical review
officer shall be responsible to inform parents
and school officials who shall determine the ap-
propriate action for the student based on school
policy.
SEC. 6. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘medical review officer’’ means a
licensed physician (medical doctor or doctor of oste-
opathy) responsible for receiving laboratory results
generated by a local educational agency’s drug test-
ing program who has knowledge of substance abuse
disorders and has appropriate medical training to in-
terpret and evaluate a student’s confirmed positive
test result together with the student’s medical his-
tory and any other relevant biomedical information;
(2) the term ‘‘parent’’ includes a legal guardian
or other person standing in loco parentis;
(3) the term ‘‘Secretary’’ means the Secretary
of Education; and
(4) the term ‘‘State’’ means each of the 50
States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands,
American Samoa, and Guam.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act for each of fiscal
years 1999 through 2003.
SEC. 8. AMENDMENT TO ESEA.
(a) AMENDMENT.—Part E of title XIV of the Ele-
mentary and Secondary Education Act of 1965 is amend-
ed by adding at the end the following:
‘‘SEC. 14515. RANDOM DRUG TESTING.
‘‘Any local educational agency that receives funds
under this Act shall implement a drug testing program
that meets the requirements of the ‘‘Empowering Parents
to Fight Drugs Act of 1998.’’.
(b) EFFECTIVE DATE.—A local educational agency
shall implement a drug testing program referred to in sec-
tion 14515 of the Elementary and Secondary Education
Act of 1965 not later than the school year beginning 1
year after the date of the enactment of this Act.
Æ