H. R. 1—309
provided in an understandable and uniform format and, to the
extent practicable, in a language that the parent can understand.
‘‘(d) SPECIAL RULE APPLICABLE DURING SCHOOL YEAR.—For
a child who has not been identified for participation in a language
instruction educational program prior to the beginning of the school
year, the eligible entity shall carry out subsections (a) through
(c) with respect to the parents of the child within 2 weeks of
the child being placed in such a program.
‘‘(e) PARENTAL PARTICIPATION.—
‘‘(1) IN GENERAL.—Each eligible entity using funds provided
under this title to provide a language instruction educational
program shall implement an effective means of outreach to
parents of limited English proficient children to inform such
parents of how they can—
‘‘(A) be involved in the education of their children;
and
‘‘(B) be active participants in assisting their children—
‘‘(i) to learn English;
‘‘(ii) to achieve at high levels in core academic
subjects; and
‘‘(iii) to meet the same challenging State academic
content and student academic achievement standards
as all children are expected to meet.
‘‘(2) 
RECEIPT
OF
RECOMMENDATIONS.—The 
outreach
described in paragraph (1) shall include holding, and sending
notice of opportunities for, regular meetings for the purpose
of formulating and responding to recommendations from par-
ents described in such paragraph.
‘‘(f) BASIS FOR ADMISSION OR EXCLUSION.—A child shall not
be admitted to, or excluded from, any federally assisted education
program on the basis of a surname or language-minority status.
‘‘SEC. 3303. NATIONAL CLEARINGHOUSE.
‘‘The Secretary shall establish and support the operation of
a National Clearinghouse for English Language Acquisition and
Language Instruction Educational Programs, which shall collect,
analyze, synthesize, and disseminate information about language
instruction educational programs for limited English proficient chil-
dren, and related programs. The National Clearinghouse shall—
‘‘(1) be administered as an adjunct clearinghouse of the
Educational Resources Information Center Clearinghouses
system supported by the Office of Educational Research and
Improvement;
‘‘(2) coordinate activities with Federal data and information
clearinghouses and entities operating Federal dissemination
networks and systems;
‘‘(3) develop a system for improving the operation and
effectiveness of federally funded language instruction edu-
cational programs;
‘‘(4) collect and disseminate information on—
‘‘(A) educational research and processes related to the
education of limited English proficient children; and
‘‘(B) accountability systems that monitor the academic
progress of limited English proficient children in language
instruction educational programs, including information on
academic content and English proficiency assessments for
language instruction educational programs; and
H. R. 1—310
‘‘(5) publish, on an annual basis, a list of grant recipients
under this title.
‘‘SEC. 3304. REGULATIONS.
‘‘In developing regulations under this title, the Secretary shall
consult with State educational agencies and local educational agen-
cies, organizations representing limited English proficient individ-
uals, and organizations representing teachers and other personnel
involved in the education of limited English proficient children.’’.
TITLE IV—21ST CENTURY SCHOOLS
SEC. 401. 21ST CENTURY SCHOOLS.
Title IV (20 U.S.C. 7101 et seq.) is amended to read as follows:
‘‘TITLE IV—21ST CENTURY SCHOOLS
‘‘PART A—SAFE AND DRUG-FREE SCHOOLS
AND COMMUNITIES
‘‘SEC. 4001. SHORT TITLE.
‘‘This part may be cited as the ‘Safe and Drug-Free Schools
and Communities Act’.
‘‘SEC. 4002. PURPOSE.
‘‘The purpose of this part is to support programs that prevent
violence in and around schools; that prevent the illegal use of
alcohol, tobacco, and drugs; that involve parents and communities;
and that are coordinated with related Federal, State, school, and
community efforts and resources to foster a safe and drug-free
learning environment that supports student academic achievement,
through the provision of Federal assistance to—
‘‘(1) States for grants to local educational agencies and
consortia of such agencies to establish, operate, and improve
local programs of school drug and violence prevention and
early intervention;
‘‘(2) States for grants to, and contracts with, community-
based organizations and public and private entities for pro-
grams of drug and violence prevention and early intervention,
including community-wide drug and violence prevention plan-
ning and organizing activities;
‘‘(3) States for development, training, technical assistance,
and coordination activities; and
‘‘(4) public and private entities to provide technical assist-
ance; conduct training, demonstrations, and evaluation; and
to provide supplementary services and community-wide drug
and violence prevention planning and organizing activities for
the prevention of drug use and violence among students and
youth.
‘‘SEC. 4003. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated—
‘‘(1) $650,000,000 for fiscal year 2002, and such sums as
may be necessary for each of the 5 succeeding fiscal years,
for State grants under subpart 1; and
H. R. 1—311
‘‘(2) such sums for fiscal year 2002, and for each of the
5 succeeding fiscal years, for national programs under subpart
2.
‘‘Subpart 1—State Grants
‘‘SEC. 4111. RESERVATIONS AND ALLOTMENTS.
‘‘(a) RESERVATIONS.—
‘‘(1) IN GENERAL.—From the amount made available under
section 4003(1) to carry out this subpart for each fiscal year,
the Secretary—
‘‘(A) shall reserve 1 percent or $4,750,000 (whichever
is greater) of such amount for grants to Guam, American
Samoa, the United States Virgin Islands, and the Common-
wealth of the Northern Mariana Islands, to be allotted
in accordance with the Secretary’s determination of their
respective needs and to carry out programs described in
this subpart;
‘‘(B) shall reserve 1 percent or $4,750,000 (whichever
is greater) of such amount for the Secretary of the Interior
to carry out programs described in this subpart for Indian
youth; and
‘‘(C) shall reserve 0.2 percent of such amount for Native
Hawaiians to be used under section 4117 to carry out
programs described in this subpart.
‘‘(2) OTHER RESERVATIONS.—From the amount made avail-
able under section 4003(2) to carry out subpart 2 for each
fiscal year, the Secretary—
‘‘(A) may reserve not more than $2,000,000 for the
national impact evaluation required by section 4122(a);
‘‘(B) notwithstanding section 3 of the No Child Left
Behind Act of 2001, shall reserve an amount necessary
to make continuation grants to grantees under the Safe
Schools/Healthy Students initiative (under the same terms
and conditions as provided for in the grants involved).
‘‘(b) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary shall, for each fiscal year, allot among the
States—
‘‘(A) one-half of the remainder not reserved under sub-
section (a) according to the ratio between the school-aged
population of each State and the school-aged population
of all the States; and
‘‘(B) one-half of such remainder according to the ratio
between the amount each State received under section
1124A for the preceding year and the sum of such amounts
received by all the States.
‘‘(2) MINIMUM.—For any fiscal year, no State shall be
allotted under this subsection an amount that is less than
the greater of—
‘‘(A) one-half of 1 percent of the total amount allotted
to all the States under this subsection; or
‘‘(B) the amount such State received for fiscal year
2001 under section 4111 as such section was in effect
the day preceding the date of enactment of the No Child
Left Behind Act of 2001.
‘‘(3) REALLOTMENT.—
H. R. 1—312
‘‘(A) REALLOTMENT
FOR
FAILURE
TO
APPLY.—If any
State does not apply for an allotment under this subpart
for a fiscal year, the Secretary shall reallot the amount
of the State’s allotment to the remaining States in accord-
ance with this section.
‘‘(B) REALLOTMENT OF UNUSED FUNDS.—The Secretary
may reallot any amount of any allotment to a State if
the Secretary determines that the State will be unable
to use such amount within 2 years of such allotment.
Such reallotments shall be made on the same basis as
allotments are made under paragraph (1).
‘‘(4) DEFINITION.—In this section the term ‘State’ means
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
‘‘(c) LIMITATION.—Amounts appropriated under section 4003(2)
for a fiscal year may not be increased above the amounts appro-
priated under such section for the previous fiscal year unless the
amounts appropriated under section 4003(1) for the fiscal year
involved are at least 10 percent greater that the amounts appro-
priated under such section 4003(1) for the previous fiscal year.
‘‘SEC. 4112. RESERVATION OF STATE FUNDS FOR SAFE AND DRUG-
FREE SCHOOLS.
‘‘(a) STATE RESERVATION FOR THE CHIEF EXECUTIVE OFFICER
OF A STATE.—
‘‘(1) IN GENERAL.—The chief executive officer of a State
may reserve not more than 20 percent of the total amount
allocated to a State under section 4111(b) for each fiscal year
to award competitive grants and contracts to local educational
agencies, community-based organizations (including community
anti-drug coalitions) other public entities and private organiza-
tions, and consortia thereof. Such grants and contracts shall
be used to carry out the comprehensive State plan described
in section 4113(a) through programs or activities that com-
plement and support activities of local educational agencies
described in section 4115(b). Such officer shall award grants
based on—
‘‘(A) the quality of the program or activity proposed;
and
‘‘(B) how the program or activity meets the principles
of effectiveness described in section 4115(a).
‘‘(2) PRIORITY.—In making such grants and contracts under
this section, a chief executive officer shall give priority to pro-
grams and activities that prevent illegal drug use and violence
for—
‘‘(A) children and youth who are not normally served
by State educational agencies or local educational agencies;
or
‘‘(B) populations that need special services or additional
resources (such as youth in juvenile detention facilities,
runaway or homeless children and youth, pregnant and
parenting teenagers, and school dropouts).
‘‘(3) SPECIAL
CONSIDERATION.—In awarding funds under
paragraph (1), a chief executive officer shall give special consid-
eration to grantees that pursue a comprehensive approach to
H. R. 1—313
drug and violence prevention that includes providing and incor-
porating mental health services related to drug and violence
prevention in their program.
‘‘(4) PEER
REVIEW.—Grants or contracts awarded under
this section shall be subject to a peer review process.
‘‘(5) USE OF FUNDS.—Grants and contracts under this sec-
tion shall be used to implement drug and violence prevention
activities, including—
‘‘(A) activities that complement and support local edu-
cational agency activities under section 4115, including
developing and implementing activities to prevent and
reduce violence associated with prejudice and intolerance;
‘‘(B) dissemination of information about drug and
violence prevention; and
‘‘(C) development and implementation of community-
wide drug and violence prevention planning and organizing.
‘‘(6) ADMINISTRATIVE COSTS.—The chief executive officer of
a State may use not more than 3 percent of the amount
described in paragraph (1) for the administrative costs incurred
in carrying out the duties of such officer under this section.
‘‘(b) IN STATE DISTRIBUTION.—
‘‘(1) IN GENERAL.—A State educational agency shall dis-
tribute not less than 93 percent of the amount made available
to the State under section 4111(b), less the amount reserved
under subsection (a) of this section, to its local educational
agencies.
‘‘(2) STATE ADMINISTRATION COSTS.—
‘‘(A) IN
GENERAL.—A State educational agency may
use not more than 3 percent of the amount made available
to the State under section 4111(b) for each fiscal year
less the amount reserved under subsection (a) of this sec-
tion, for State educational agency administrative costs,
including the implementation of the uniform management
information and reporting system as provided for under
subsection (c)(3).
‘‘(B) ADDITIONAL AMOUNTS FOR THE UNIFORM MANAGE-
MENT
INFORMATION
SYSTEM.—In the case of fiscal year
2002, a State educational agency may, in addition to
amounts provided for in subparagraph (A), use 1 percent
of the amount made available to the State educational
agency under section 4111(b) for each fiscal year less the
amount reserved under subsection (a) of this section, for
implementation of the uniform management information
and reporting system as provided for under subsection
(c)(3).
‘‘(c) STATE ACTIVITIES.—
‘‘(1) IN
GENERAL.—A State educational agency may use
not more than 5 percent of the amount made available to
the State under section 4111(b) for each fiscal year less the
amount reserved under subsection (a) of this section, for activi-
ties described in this subsection.
‘‘(2) ACTIVITIES.—A State educational agency shall use the
amounts described in paragraph (1), either directly, or through
grants and contracts, to plan, develop, and implement capacity
building, technical assistance and training, evaluation, program
H. R. 1—314
improvement services, and coordination activities for local edu-
cational agencies, community-based organizations, and other
public and private entities. Such uses—
‘‘(A) shall meet the principles of effectiveness described
in section 4115(a);
‘‘(B) shall complement and support local uses of funds
under section 4115(b);
‘‘(C) shall be in accordance with the purposes of this
part; and
‘‘(D) may include, among others activities—
‘‘(i) identification, development, evaluation, and
dissemination of drug and violence prevention strate-
gies, programs, activities, and other information;
‘‘(ii) training, technical assistance, and demonstra-
tion projects to address violence that is associated with
prejudice and intolerance; and
‘‘(iii) financial assistance to enhance drug and
violence prevention resources available in areas that
serve large numbers of low-income children, are
sparsely populated, or have other special needs.
‘‘(3) UNIFORM MANAGEMENT INFORMATION AND REPORTING
SYSTEM.—
‘‘(A) INFORMATION
AND
STATISTICS.—A State shall
establish a uniform management information and reporting
system.
‘‘(B) USES OF FUNDS.—A State may use funds described
in subparagraphs (A) and (B) of subsection (b)(2), either
directly or through grants and contracts, to implement
the uniform management information and reporting system
described in subparagraph (A), for the collection of informa-
tion on—
‘‘(i) truancy rates;
‘‘(ii) the frequency, seriousness, and incidence of
violence and drug-related offenses resulting in suspen-
sions and expulsions in elementary schools and sec-
ondary schools in the State;
‘‘(iii) the types of curricula, programs, and services
provided by the chief executive officer, the State edu-
cational agency, local educational agencies, and other
recipients of funds under this subpart; and
‘‘(iv) the incidence and prevalence, age of onset,
perception of health risk, and perception of social dis-
approval of drug use and violence by youth in schools
and communities.
‘‘(C) COMPILATION
OF
STATISTICS.—In compiling the
statistics required for the uniform management information
and reporting system, the offenses described in subpara-
graph (B)(ii) shall be defined pursuant to the State’s
criminal code, but shall not identify victims of crimes or
persons accused of crimes. The collected data shall include
incident reports by school officials, anonymous student sur-
veys, and anonymous teacher surveys.
‘‘(D) REPORTING.—The information described under
subparagraph (B) shall be reported to the public and the
data referenced in clauses (i) and (ii) of such subparagraph
shall be reported to the State on a school-by-school basis.
H. R. 1—315
‘‘(E) LIMITATION.—Nothing in this subsection shall be
construed to authorize the Secretary to require particular
policies, procedures, or practices with respect to crimes
committed on school property or school security.
‘‘SEC. 4113. STATE APPLICATION.
‘‘(a) IN GENERAL.—In order to receive an allotment under sec-
tion 4111(b) for any fiscal year, a State shall submit to the Sec-
retary, at such time as the Secretary may require, an application
that—
‘‘(1) contains a comprehensive plan for the use of funds
by the State educational agency and the chief executive officer
of the State to provide safe, orderly, and drug-free schools
and communities through programs and activities that com-
plement and support activities of local educational agencies
under section 4115(b), that comply with the principles of
effectiveness under section 4115(a), and that otherwise are
in accordance with the purpose of this part;
‘‘(2) describes how activities funded under this subpart
will foster a safe and drug-free learning environment that sup-
ports academic achievement;
‘‘(3) provides an assurance that the application was devel-
oped 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
agency, the head of the State child welfare agency, the head
of the State board of education, or their designees, and rep-
resentatives of parents, students, and community-based
organizations;
‘‘(4) describes how the State educational agency will coordi-
nate such agency’s activities under this subpart with the chief
executive officer’s drug and violence prevention programs under
this subpart and with the prevention efforts of other State
agencies and other programs, as appropriate, in accordance
with the provisions in section 9306;
‘‘(5) provides an assurance that funds reserved under sec-
tion 4112(a) will not duplicate the efforts of the State edu-
cational agency and local educational agencies with regard
to the provision of school-based drug and violence prevention
activities and that those funds will be used to serve populations
not normally served by the State educational agencies and
local educational agencies and populations that need special
services, such as school dropouts, suspended and expelled stu-
dents, youth in detention centers, runaway or homeless children
and youth, and pregnant and parenting youth;
‘‘(6) provides an assurance that the State will cooperate
with, and assist, the Secretary in conducting data collection
as required by section 4122;
‘‘(7) provides an assurance that the local educational agen-
cies in the State will comply with the provisions of section
9501 pertaining to the participation of private school children
and teachers in the programs and activities under this subpart;
‘‘(8) 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
H. R. 1—316
this subpart, be made available for programs and activities
authorized under this subpart, and in no case supplant such
State, local, and other non-Federal funds;
‘‘(9) contains the results of a needs assessment conducted
by the State for drug and violence prevention programs, which
shall be based on ongoing State evaluation activities, including
data on—
‘‘(A) the incidence and prevalence of illegal drug use
and violence among youth in schools and communities,
including the age of onset, the perception of health risks,
and the perception of social disapproval among such youth;
‘‘(B) the prevalence of risk factors, including high or
increasing rates of reported cases of child abuse or domestic
violence;
‘‘(C) the prevalence of protective factors, buffers, or
assets; and
‘‘(D) other variables in the school and community
identified through scientifically based research;
‘‘(10) provides a statement of the State’s performance meas-
ures for drug and violence prevention programs and activities
to be funded under this subpart that will be focused on student
behavior and attitudes, derived from the needs assessment
described in paragraph (9), and be developed in consultation
between the State and local officials, and that consist of—
‘‘(A) performance indicators for drug and violence
prevention programs and activities; and
‘‘(B) levels of performance for each performance indi-
cator;
‘‘(11) describes the procedures the State will use for
assessing and publicly reporting progress toward meeting the
performance measures described in paragraph (10);
‘‘(12) provides an assurance that the State application will
be available for public review after submission of the applica-
tion;
‘‘(13) describes the special outreach activities that will be
carried out by the State educational agency and the chief execu-
tive officer of the State to maximize the participation of commu-
nity-based organizations of demonstrated effectiveness that pro-
vide services such as mentoring programs in low-income
communities;
‘‘(14) describes how funds will be used by the State edu-
cational agency and the chief executive officer of the State
to support, develop, and implement community-wide com-
prehensive drug and violence prevention planning and orga-
nizing activities;
‘‘(15) describes how input from parents will be sought
regarding the use of funds by the State educational agency
and the chief executive officer of the State;
‘‘(16) describes how the State educational agency will
review applications from local educational agencies, including
how the agency will receive input from parents in such review;
‘‘(17) describes how the State educational agency will mon-
itor the implementation of activities under this subpart, and
provide technical assistance for local educational agencies,
community-based organizations, other public entities, and pri-
vate organizations;
H. R. 1—317
‘‘(18) describes how the chief executive officer of the State
will award funds under section 4112(a) and implement a plan
for monitoring the performance of, and providing technical
assistance to, recipients of such funds; and
‘‘(19) includes any other information the Secretary may
require.
‘‘(b) INTERIM APPLICATION.—
‘‘(1) AUTHORITY.—Notwithstanding any other provision of
this section, a State may submit for fiscal year 2002 a 1-
year interim application and plan for the use of funds under
this subpart that is consistent with the requirements of this
section and contains such information as the Secretary may
specify in regulations.
‘‘(2) PURPOSE.—The purpose of such interim application
and plan shall be to afford the State the opportunity to fully
develop and review such State’s application and comprehensive
plan otherwise required by this section.
‘‘(3) EXCEPTION.—A State may not receive a grant under
this subpart for a fiscal year after fiscal year 2002 unless
the Secretary has approved such State’s application and com-
prehensive plan as described in subsection (a).
‘‘(c) APPROVAL PROCESS.—
‘‘(1) DEEMED APPROVAL.—An application submitted by a
State pursuant to this section shall undergo peer review by
the Secretary and shall be deemed to be approved by the
Secretary unless the Secretary makes a written determination,
prior to the expiration of the 120-day period beginning on
the date on which the Secretary received the application, that
the application is not in compliance with this subpart.
‘‘(2) DISAPPROVAL.—The Secretary shall not finally dis-
approve the application, except after giving the State edu-
cational agency and the chief executive officer of the State
notice and an opportunity for a hearing.
‘‘(3) NOTIFICATION.—If the Secretary finds that the applica-
tion is not in compliance, in whole or in part, with this subpart,
the Secretary shall—
‘‘(A) give the State educational agency and the chief
executive officer of the State notice and an opportunity
for a hearing; and
‘‘(B) notify the State educational agency and the chief
executive officer of the State of the finding of noncompli-
ance, and in such notification, shall—
‘‘(i) cite the specific provisions in the application
that are not in compliance; and
‘‘(ii) request additional information, only as to the
noncompliant provisions, needed to make the applica-
tion compliant.
‘‘(4) RESPONSE.—If the State educational agency and the
chief executive officer of the State respond to the Secretary’s
notification described in paragraph (3)(B) during the 45-day
period beginning on the date on which the agency received
the notification, and resubmit the application with the
requested information described in paragraph (3)(B)(ii), the Sec-
retary shall approve or disapprove such application prior to
the later of—
‘‘(A) the expiration of the 45-day period beginning on
the date on which the application is resubmitted; or
H. R. 1—318
‘‘(B) the expiration of the 120-day period described
in paragraph (1).
‘‘(5) FAILURE TO RESPOND.—If the State educational agency
and the chief executive officer of the State do not respond
to the Secretary’s notification described in paragraph (3)(B)
during the 45-day period beginning on the date on which the
agency received the notification, such application shall be
deemed to be disapproved.
‘‘SEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM.
‘‘(a) IN GENERAL.—
‘‘(1) FUNDS
TO
LOCAL
EDUCATIONAL
AGENCIES.—A State
shall provide the amount made available to the State under
this subpart, less the amounts reserved under section 4112
to local educational agencies for drug and violence prevention
and education programs and activities as follows:
‘‘(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 based on the relative
enrollments in public and private nonprofit elementary
schools and secondary schools within the boundaries of
such agencies.
‘‘(2) ADMINISTRATIVE COSTS.—Of the amount received under
paragraph (1), a local educational agency may use not more
than 2 percent for the administrative costs of carrying out
its responsibilities under this subpart.
‘‘(3) RETURN OF FUNDS TO STATE; REALLOCATION.—
‘‘(A) RETURN.—Except as provided in subparagraph (B),
upon the expiration of the 1-year period beginning on the
date on which a local educational agency receives its alloca-
tion under this subpart—
‘‘(i) such agency shall return to the State edu-
cational agency any funds from such allocation that
remain unobligated; and
‘‘(ii) the State educational agency shall reallocate
any such amount to local educational agencies that
have submitted plans for using such amount for pro-
grams or activities on a timely basis.
‘‘(B) CARRYOVER.—In any fiscal year, a local edu-
cational agency, may retain for obligation 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 educational agency,
an amount that exceeds 25 percent of such allocation.
‘‘(C) REALLOCATION.—If a local educational agency
chooses not to apply to receive the amount allocated to
such agency under this subsection, or if such agency’s
application under subsection (d) is disapproved by the State
educational agency, the State educational agency shall
reallocate such amount to one or more of its other local
educational agencies.
‘‘(b) ELIGIBILITY.—To be eligible to receive a subgrant under
this subpart, a local educational agency desiring a subgrant shall
H. R. 1—319
submit an application to the State educational agency in accordance
with subsection (d). Such an application shall be amended, as
necessary, to reflect changes in the activities and programs of
the local educational agency.
‘‘(c) DEVELOPMENT.—
‘‘(1) CONSULTATION.—
‘‘(A) IN
GENERAL.—A local educational agency shall
develop its application through timely and meaningful con-
sultation with State and local government representatives,
representatives of schools to be served (including private
schools), teachers and other staff, parents, students,
community-based organizations, and others with relevant
and demonstrated expertise in drug and violence preven-
tion activities (such as medical, mental health, and law
enforcement professionals).
‘‘(B) CONTINUED CONSULTATION.—On an ongoing basis,
the local educational agency shall consult with such rep-
resentatives and organizations 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 community.
‘‘(2) DESIGN
AND
DEVELOPMENT.—To ensure timely and
meaningful consultation under paragraph (1), a local edu-
cational agency at the initial stages of design and development
of a program or activity shall consult, in accordance with this
subsection, with appropriate entities and persons on issues
regarding the design and development of the program or
activity, including efforts to meet the principles of effectiveness
described in section 4115(a).
‘‘(d) CONTENTS OF APPLICATIONS.—An application submitted by
a local educational agency under this section shall contain—
‘‘(1) an assurance that the activities or programs to be
funded comply with the principles of effectiveness described
in section 4115(a) and foster a safe and drug-free learning
environment that supports academic achievement;
‘‘(2) a detailed explanation of the local educational agency’s
comprehensive plan for drug and violence prevention, including
a description of—
‘‘(A) how the plan will be coordinated with programs
under this Act, and other Federal, State, and local pro-
grams for drug and violence prevention, in accordance with
section 9306;
‘‘(B) the local educational agency’s performance meas-
ures for drug and violence prevention programs and activi-
ties, that shall consist of—
‘‘(i) performance indicators for drug and violence
prevention programs and activities; including—
‘‘(I) specific reductions in the prevalence of
identified risk factors; and
‘‘(II) specific increases in the prevalence of
protective factors, buffers, or assets if any have
been identified; and
‘‘(ii) levels of performance for each performance
indicator;
‘‘(C) how such agency will assess and publicly report
progress toward attaining its performance measures;
H. R. 1—320
‘‘(D) the drug and violence prevention activity or pro-
gram to be funded, including how the activity or program
will meet the principles of effectiveness described in section
4115(a), and the means of evaluating such activity or pro-
gram; and
‘‘(E) how the services will be targeted to schools and
students with the greatest need;
‘‘(3) a description for how the results of the evaluations
of the effectiveness of the program will be used to refine,
improve, and strengthen the program;
‘‘(4) 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 available for programs and activities authorized under
this subpart, and in no case supplant such State, local, and
other non-Federal funds;
‘‘(5) a description of the mechanisms used to provide effec-
tive notice to the community of an intention to submit an
application under this subpart;
‘‘(6) an assurance that drug and violence prevention pro-
grams supported under this subpart convey a clear and con-
sistent message that acts of violence and the illegal use of
drugs are wrong and harmful;
‘‘(7) an assurance that the applicant has, or the schools
to be served have, a plan for keeping schools safe and drug-
free that includes—
‘‘(A) appropriate and effective school discipline policies
that prohibit disorderly conduct, the illegal possession of
weapons, and the illegal use, possession, distribution, and
sale of tobacco, alcohol, and other drugs by students;
‘‘(B) security procedures at school and while students
are on the way to and from school;
‘‘(C) prevention activities that are designed to create
and maintain safe, disciplined, and drug-free environments;
‘‘(D) a crisis management plan for responding to violent
or traumatic incidents on school grounds; and
‘‘(E) a code of conduct policy for all students that
clearly states the responsibilities of students, teachers, and
administrators in maintaining a classroom environment
that—
‘‘(i) allows a teacher to communicate effectively
with all students in the class;
‘‘(ii) allows all students in the class to learn;
‘‘(iii) has consequences that are fair, and develop-
mentally appropriate;
‘‘(iv) considers the student and the circumstances
of the situation; and
‘‘(v) is enforced accordingly;
‘‘(8) an assurance that the application and any waiver
request under section 4115(a)(3) will be available for public
review after submission of the application; and
‘‘(9) such other assurances, goals, and objectives identified
through scientifically based research that the State may reason-
ably require in accordance with the purpose of this part.
‘‘(e) REVIEW OF APPLICATION.—
‘‘(1) IN GENERAL.—In reviewing local applications under
this section, a State educational agency shall use a peer review
H. R. 1—321
process or other methods of assuring the quality of such applica-
tions.
‘‘(2) CONSIDERATIONS.—In determining whether to approve
the application of a local educational agency under this section,
a State educational agency shall consider the quality of applica-
tion and the extent to which the application meets the prin-
ciples of effectiveness described in section 4115(a).
‘‘(f) APPROVAL PROCESS.—
‘‘(1) DEEMED APPROVAL.—An application submitted by a
local educational agency pursuant to this section shall be
deemed to be approved by the State educational agency unless
the State educational agency makes a written determination,
prior to the expiration of the 120-day period beginning on
the date on which the State educational agency received the
application, that the application is not in compliance with this
subpart.
‘‘(2) DISAPPROVAL.—The State educational agency shall not
finally disapprove the application, except after giving the local
educational agency notice and opportunity for a hearing.
‘‘(3) NOTIFICATION.—If the State educational agency finds
that the application is not in compliance, in whole or in part,
with this subpart, the State educational agency shall—
‘‘(A) give the local educational agency notice and an
opportunity for a hearing; and
‘‘(B) notify the local educational agency of the finding
of noncompliance, and in such notification, shall—
‘‘(i) cite the specific provisions in the application
that are not in compliance; and
‘‘(ii) request additional information, only as to the
noncompliant provisions, needed to make the applica-
tion compliant.
‘‘(4) RESPONSE.—If the local educational agency responds
to the State educational agency’s notification described in para-
graph (3)(B) during the 45-day period beginning on the date
on which the agency received the notification, and resubmits
the application with the requested information described in
paragraph (3)(B)(ii), the State educational agency shall approve
or disapprove such application prior to the later of—
‘‘(A) the expiration of the 45-day period beginning on
the date on which the application is resubmitted; or
‘‘(B) the expiration of the 120-day period described
in paragraph (1).
‘‘(5) FAILURE TO RESPOND.—If the local educational agency
does not respond to the State educational agency’s notification
described in paragraph (3)(B) during the 45-day period begin-
ning on the date on which the agency received the notification,
such application shall be deemed to be disapproved.
‘‘SEC. 4115. AUTHORIZED ACTIVITIES.
‘‘(a) PRINCIPLES OF EFFECTIVENESS.—
‘‘(1) IN
GENERAL.—For a program or activity developed
pursuant to this subpart to meet the principles of effectiveness,
such program or activity shall—
‘‘(A) be based on an assessment of objective data
regarding the incidence of violence and illegal drug use
in the elementary schools and secondary schools and
communities to be served, including an objective analysis
H. R. 1—322
of the current conditions and consequences regarding
violence and illegal drug use, including delinquency and
serious discipline problems, among students who attend
such schools (including private school students who partici-
pate in the drug and violence prevention program) that
is based on ongoing local assessment or evaluation activi-
ties;
‘‘(B) be based on an established set of performance
measures aimed at ensuring that the elementary schools
and secondary schools and communities to be served by
the program have a safe, orderly, and drug-free learning
environment;
‘‘(C) be based on scientifically based research that pro-
vides evidence that the program to be used will reduce
violence and illegal drug use;
‘‘(D) be based on an analysis of the data reasonably
available at the time, of the prevalence of risk factors,
including high or increasing rates of reported cases of child
abuse and domestic violence; protective factors, buffers,
assets; or other variables in schools and communities in
the State identified through scientifically based research;
and
‘‘(E) include meaningful and ongoing consultation with
and input from parents in the development of the applica-
tion and administration of the program or activity.
‘‘(2) PERIODIC EVALUATION.—
‘‘(A) REQUIREMENT.—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
4114(d)(2)(B).
‘‘(B) USE OF RESULTS.—The results shall be used to
refine, improve, and strengthen the program, and to refine
the performance measures, and shall also be made avail-
able to the public upon request, with public notice of such
availability provided.
‘‘(3) WAIVER.—A local educational agency may apply to
the State for a waiver of the requirement of subsection (a)(1)(C)
to allow innovative activities or programs that demonstrate
substantial likelihood of success.
‘‘(b) LOCAL EDUCATIONAL AGENCY ACTIVITIES.—
‘‘(1) PROGRAM REQUIREMENTS.—A local educational agency
shall use funds made available under section 4114 to develop,
implement, and evaluate comprehensive programs and activi-
ties, which are coordinated with other school and community-
based services and programs, that shall—
‘‘(A) foster a safe and drug-free learning environment
that supports academic achievement;
‘‘(B) be consistent with the principles of effectiveness
described in subsection (a)(1);
‘‘(C) be designed to—
‘‘(i) prevent or reduce violence; the use, possession
and distribution of illegal drugs; and delinquency; and
‘‘(ii) create a well disciplined environment condu-
cive to learning, which includes consultation between
teachers, principals, and other school personnel to iden-
tify early warning signs of drug use and violence and
H. R. 1—323
to provide behavioral interventions as part of classroom
management efforts; and
‘‘(D) include activities to—
‘‘(i) promote the involvement of parents in the
activity or program;
‘‘(ii) promote coordination with community groups
and coalitions, and government agencies; and
‘‘(iii) distribute information about the local edu-
cational agency’s needs, goals, and programs under
this subpart.
‘‘(2) 
AUTHORIZED
ACTIVITIES.—Each 
local 
educational
agency, or consortium of such agencies, that receives a subgrant
under this subpart may use such funds to carry out activities
that comply with the principles of effectiveness described in
subsection (a), such as the following:
‘‘(A) Age appropriate and developmentally based activi-
ties that—
‘‘(i) address the consequences of violence and the
illegal use of drugs, as appropriate;
‘‘(ii) promote a sense of individual responsibility;
‘‘(iii) teach students that most people do not ille-
gally use drugs;
‘‘(iv) teach students to recognize social and peer
pressure to use drugs illegally and the skills for
resisting illegal drug use;
‘‘(v) teach students about the dangers of emerging
drugs;
‘‘(vi) engage students in the learning process; and
‘‘(vii) incorporate activities in secondary schools
that reinforce prevention activities implemented in
elementary schools.
‘‘(B) Activities that involve families, community sectors
(which may include appropriately trained seniors), and a
variety of drug and violence prevention providers in setting
clear expectations against violence and illegal use of drugs
and appropriate consequences for violence and illegal use
of drugs.
‘‘(C) Dissemination of drug and violence prevention
information to schools and the community.
‘‘(D) Professional development and training for, and
involvement of, school personnel, pupil services personnel,
parents, and interested community members in prevention,
education, early identification and intervention, mentoring,
or rehabilitation referral, as related to drug and violence
prevention.
‘‘(E) Drug and violence prevention activities that may
include the following:
‘‘(i) Community-wide planning and organizing
activities to reduce violence and illegal drug use, which
may include gang activity prevention.
‘‘(ii) Acquiring and installing metal detectors, elec-
tronic locks, surveillance cameras, or other related
equipment and technologies.
‘‘(iii) Reporting criminal offenses committed on
school property.
‘‘(iv) Developing and implementing comprehensive
school security plans or obtaining technical assistance
H. R. 1—324
concerning such plans, which may include obtaining
a security assessment or assistance from the School
Security and Technology Resource Center at the Sandia
National Laboratory located in Albuquerque, New
Mexico.
‘‘(v) Supporting safe zones of passage activities
that ensure that students travel safely to and from
school, which may include bicycle and pedestrian safety
programs.
‘‘(vi) The hiring and mandatory training, based
on scientific research, of school security personnel
(including school resource officers) who interact with
students in support of youth drug and violence preven-
tion activities under this part that are implemented
in the school.
‘‘(vii) Expanded and improved school-based mental
health services related to illegal drug use and violence,
including early identification of violence and illegal
drug use, assessment, and direct or group counseling
services provided to students, parents, families, and
school personnel by qualified school-based mental
health service providers.
‘‘(viii) Conflict resolution programs, including peer
mediation programs that educate and train peer medi-
ators and a designated faculty supervisor, and youth
anti-crime and anti-drug councils and activities.
‘‘(ix) Alternative education programs or services
for violent or drug abusing students that reduce the
need for suspension or expulsion or that serve students
who have been suspended or expelled from the regular
educational settings, including programs or services
to assist students to make continued progress toward
meeting the State academic achievement standards
and to reenter the regular education setting.
‘‘(x) Counseling, mentoring, referral services, and
other student assistance practices and programs,
including assistance provided by qualified school-based
mental health services providers and the training of
teachers by school-based mental health services pro-
viders in appropriate identification and intervention
techniques for students at risk of violent behavior and
illegal use of drugs.
‘‘(xi) Programs that encourage students to seek
advice from, and to confide in, a trusted adult
regarding concerns about violence and illegal drug use.
‘‘(xii) Drug and violence prevention activities
designed to reduce truancy.
‘‘(xiii) 
Age-appropriate, 
developmentally-based
violence prevention and education programs that
address victimization associated with prejudice and
intolerance, and that include activities designed to help
students develop a sense of individual responsibility
and respect for the rights of others, and to resolve
conflicts without violence.
‘‘(xiv) Consistent with the fourth amendment to
the Constitution of the United States, the testing of
a student for illegal drug use or the inspecting of
H. R. 1—325
a student’s locker for weapons or illegal drugs or drug
paraphernalia, including at the request of or with the
consent of a parent or legal guardian of the student,
if the local educational agency elects to so test or
inspect.
‘‘(xv) Emergency intervention services following
traumatic crisis events, such as a shooting, major
accident, or a drug-related incident that have disrupted
the learning environment.
‘‘(xvi) Establishing or implementing a system for
transferring suspension and expulsion records, con-
sistent with section 444 of the General Education
Provisions Act (20 U.S.C. 1232g), by a local educational
agency to any public or private elementary school or
secondary school.
‘‘(xvii) Developing and implementing character
education programs, as a component of drug and
violence prevention programs, that take into account
the views of parents of the students for whom the
program is intended and such students, such as a
program described in subpart 3 of part D of title V.
‘‘(xviii) Establishing and maintaining a school
safety hotline.
‘‘(xix) Community service, including community
service performed by expelled students, and service-
learning projects.
‘‘(xx) Conducting a nationwide background check
of each local educational agency employee, regardless
of when hired, and prospective employees for the pur-
pose of determining whether the employee or prospec-
tive employee has been convicted of a crime that bears
upon the employee’s fitness—
‘‘(I) to be responsible for the safety or well-
being of children;
‘‘(II) to serve in the particular capacity in
which the employee or prospective employee is
or will be employed; or
‘‘(III) to otherwise be employed by the local
educational agency.
‘‘(xxi) Programs to train school personnel to iden-
tify warning signs of youth suicide and to create an
action plan to help youth at risk of suicide.
‘‘(xxii) Programs that respond to the needs of stu-
dents who are faced with domestic violence or child
abuse.
‘‘(F) The evaluation of any of the activities authorized
under this subsection and the collection of objective data
used to assess program needs, program implementation,
or program success in achieving program goals and objec-
tives.
‘‘(c) LIMITATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
not more than 40 percent of the funds available to a local
educational agency under this subpart may be used to carry
out the activities described in clauses (ii) through (vi) of sub-
section (b)(2)(E), of which not more than 50 percent of such
H. R. 1—326
amount may be used to carry out the activities described in
clauses (ii) through (v) of such subsection.
‘‘(2) EXCEPTION.—A local educational agency may use funds
under this subpart for activities described in clauses (ii) through
(v) of subsection (b)(2)(E) only if funding for these activities
is not received from other Federal agencies.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to prohibit the use of funds under this subpart by
any local educational agency or school for the establishment or
implementation of a school uniform policy if such policy is part
of the overall comprehensive drug and violence prevention plan
of the State involved and is supported by the State’s needs assess-
ment and other scientifically based research information.
‘‘SEC. 4116. REPORTING.
‘‘(a) STATE REPORT.—
‘‘(1) IN GENERAL.—By December 1, 2003, and every 2 years
thereafter, the chief executive officer of the State, in cooperation
with the State educational agency, shall submit to the Secretary
a report—
‘‘(A) on the implementation and outcomes of State pro-
grams under section 4112(a)(1) and section 4112(c) and
local educational agency programs under section 4115(b),
as well as an assessment of their effectiveness;
‘‘(B) on the State’s progress toward attaining its
performance measures for drug and violence prevention
under section 4113(a)(10); and
‘‘(C) on the State’s efforts to inform parents of, and
include parents in, violence and drug prevention efforts.
‘‘(2) SPECIAL RULE.—The report required by this subsection
shall be—
‘‘(A) in the form specified by the Secretary;
‘‘(B) based on the State’s ongoing evaluation activities,
and shall include data 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; and
‘‘(C) made readily available to the public.
‘‘(b) LOCAL EDUCATIONAL AGENCY REPORT.—
‘‘(1) IN GENERAL.—Each local educational agency receiving
funds under this subpart shall submit to the State educational
agency such information that the State requires to complete
the State report required by subsection (a), including a descrip-
tion of how parents were informed of, and participated in,
violence and drug prevention efforts.
‘‘(2) AVAILABILITY.—Information under paragraph (1) shall
be made readily available to the public.
‘‘(3) PROVISION
OF
DOCUMENTATION.—Not later than
January 1 of each year that a State is required to report
under subsection (a), the Secretary shall provide to the State
educational agency all of the necessary documentation required
for compliance with this section.
‘‘SEC. 4117. PROGRAMS FOR NATIVE HAWAIIANS.
‘‘(a) GENERAL AUTHORITY.—From the funds made available
pursuant to section 4111(a)(1)(C) to carry out this section, the
Secretary shall make grants to or enter into cooperative agreements
or contracts with organizations primarily serving and representing
H. R. 1—327
Native Hawaiians for the benefit of Native Hawaiians to plan,
conduct, and administer programs, or portions thereof, that are
authorized by and consistent with the provisions of this subpart.
‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the purposes of
this section, the term ‘Native Hawaiian’ means any individual any
of whose ancestors were natives, prior to 1778, of the area which
now comprises the State of Hawaii.
‘‘Subpart 2—National Programs
‘‘SEC. 4121. FEDERAL ACTIVITIES.
‘‘(a) PROGRAM AUTHORIZED.—From funds made available to
carry out this subpart under section 4003(2), the Secretary, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy, and
the Attorney General, shall carry out programs to prevent the
illegal use of drugs and violence among, and promote safety and
discipline for, students. The Secretary shall carry out such programs
directly, or through grants, contracts, or cooperative agreements
with public and private entities and individuals, or through agree-
ments with other Federal agencies, and shall coordinate such pro-
grams with other appropriate Federal activities. Such programs
may include—
‘‘(1) the development and demonstration of innovative
strategies for the training of school personnel, parents, and
members of the community for drug and violence prevention
activities based on State and local needs;
‘‘(2) the development, demonstration, scientifically based
evaluation, and dissemination of innovative and high quality
drug and violence prevention programs and activities, based
on State and local needs, which may include—
‘‘(A) alternative education models, either established
within a school or separate and apart from an existing
school, that are designed to promote drug and violence
prevention, reduce disruptive behavior, reduce the need
for repeat suspensions and expulsions, enable students to
meet challenging State academic standards, and enable
students to return to the regular classroom as soon as
possible;
‘‘(B) community service and service-learning projects,
designed to rebuild safe and healthy neighborhoods and
increase students’ sense of individual responsibility;
‘‘(C) video-based projects developed by noncommercial
telecommunications entities that provide young people with
models for conflict resolution and responsible decision-
making; and
‘‘(D) child abuse education and prevention programs
for elementary and secondary students;
‘‘(3) the provision of information on drug abuse education
and prevention to the Secretary of Health and Human Services
for dissemination;
‘‘(4) the provision of information on violence prevention
and education and school safety to the Department of Justice
for dissemination;
‘‘(5) technical assistance to chief executive officers, State
agencies, local educational agencies, and other recipients of