I 
108TH CONGRESS 
2D SESSION 
H. R. 3720
To authorize the Secretary of Education to make grants to local educational 
agencies and private schools to establish drug-free school demonstration 
programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2004
Mr. PETERSON of Pennsylvania (for himself, Mr. OSBORNE, and Mr. SOUDER) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce 
A BILL 
To authorize the Secretary of Education to make grants 
to local educational agencies and private schools to estab-
lish drug-free school demonstration programs, and for 
other purposes.
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 
and Teachers for a Drug-Free Education Act of 2004’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows:
(1) Fifty-four percent of high school seniors in 
2001 had used an illicit drug in their lifetime. 
(2) Forty-two percent of 12th graders, 37 per-
cent of 10th graders, and 20 percent of 8th graders 
in 2001 had used an illicit drug in the past year. 
(3) Eighty percent of 12th graders, 70 percent 
of 10th graders, and 51 percent of 8th graders in 
2001 had used alcohol in their lifetime. 
(4) Sixty-four percent of 12th graders, 48 per-
cent of 10th graders, and 23 percent of 8th graders 
in 2001 had been intoxicated. 
(5) Use of 3,4-methylenedioxy methamphet-
amine (commonly referred to as ‘‘MDMA’’ or ‘‘ec-
stasy’’) by 12th graders increased from 6 percent in 
1998 to 11.7 percent in 2001. 
(6) Schoolchildren who use and abuse addictive 
illicit drugs or alcohol increase the risk to the health 
and safety of all students and impact the learning 
environment of the school because—
(A) use of illicit drugs or alcohol can lead 
to serious health effects, the development of 
life-threatening diseases, and even death; 
(B) use of illicit drugs like marijuana or 
ecstasy kills brain cells in the learning centers
of the brain, directly impacting a student’s abil-
ity to learn in school; 
(C) chemicals left in the central nervous 
system after using marijuana cause the brain to 
be irritated and uncontrollable, resulting in dis-
ruptive behavior in the classroom; 
(D) students who smoke cigarettes or use 
other illicit drugs have been shown to have less 
desire to learn, resulting in lower grade point 
averages when compared to other students; and 
(E) students who use illicit drugs or alco-
hol have a higher rate of breaking school rules. 
SEC. 3. DRUG-FREE SCHOOL DEMONSTRATION PROGRAMS. 
(a) DEMONSTRATION PROGRAMS.—Part A of title IV 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7101 et seq.; also known as the ‘‘Safe and 
Drug-Free Schools and Communities Act’’) is amended—
(1) by redesignating subpart 4 as subpart 5; 
and 
(2) by inserting after subpart 3 the following:
‘‘Subpart 4—Drug-Free School Demonstration 
Programs 
‘‘SEC. 4145. DRUG-FREE SCHOOL DEMONSTRATION PRO-
GRAMS. 
‘‘(a) GRANTS.—The Secretary may make grants to 
local educational agencies and private schools to establish 
drug-free school demonstration programs described in sub-
section (b). 
‘‘(b) REQUIREMENTS.—A grant may be made under 
subsection (a) only if the local educational agency or pri-
vate school involved agrees to use the funds received under 
the grant to establish a drug-free school demonstration 
program that—
‘‘(1) includes, consistent with the fourth amend-
ment to the Constitution of the United States, ran-
dom drug testing of students; 
‘‘(2) requires that any such testing be con-
ducted using only drug tests approved by the Food 
and Drug Administration; 
‘‘(3) requires that any analysis of such testing 
be conducted by a drug-testing laboratory certified 
by the Substance Abuse and Mental Health Services 
Administration, or approved by the College of Amer-
ican Pathologists, for forensic drug testing; 
‘‘(4) requires a review of each positive test re-
sult by a medical review officer;
‘‘(5) prohibits any disclosure to law enforce-
ment officials of the results of the random drug test-
ing; 
‘‘(6) requires that drug-testing records be kept 
strictly confidential in accordance with subsection 
(c); 
‘‘(7) requires, upon the submission of a report 
by a medical review officer under subsection (c)(3) 
relating to a preliminary positive test result, the de-
struction of all records relating to the result if the 
medical review officer does not confirm the result; 
‘‘(8) requires the destruction of all records re-
lating to drug or alcohol testing of a student when 
the student graduates or otherwise leaves the local 
educational agency or private school involved; 
‘‘(9) ensures that the parents of the students to 
be tested are informed in detail about the random 
drug-testing program; 
‘‘(10) provides parents the right to withdraw 
their child from participation in the random drug-
testing program, and ensures that parents receive 
notification of such right at the beginning of every 
school year; 
‘‘(11) includes a clear, written policy on school 
behavior that—
‘‘(A) prohibits students from attending 
school or school activities under the influence of 
illegal drugs or alcohol; 
‘‘(B) prohibits the use or possession of ille-
gal drugs in school; and 
‘‘(C) sets forth the consequences of vio-
lating the prohibitions described in subpara-
graphs (A) and (B); 
‘‘(12) provides drug and alcohol abuse preven-
tion training for a total of not less than 2 hours for 
each student and staff member of the local edu-
cational agency or private school involved; 
‘‘(13) provides student access to a student as-
sistance program, including confidential assessment, 
referral, and short-term problem resolution; and 
‘‘(14) provides continuing alcohol, tobacco, and 
drug abuse prevention education. 
‘‘(c) PRIVACY PROTECTION.—Each drug-free school 
demonstration program established with assistance made 
available under this section shall—
‘‘(1) include, as reasonably necessary and ap-
propriate, practices and procedures to ensure the 
confidentiality of student drug test results and of 
any participation by a student in a treatment or re-
habilitation program;
‘‘(2) prohibit the mandatory disclosure of med-
ical information by a student unless the student 
tests positive for drugs; and 
‘‘(3) require a medical review officer reviewing 
student drug test results to report the final results 
of such tests in writing and in a manner designed 
to ensure the confidentiality of the results. 
‘‘(d) TECHNICAL ASSISTANCE.—To the extent or in 
the amounts provided in advance in appropriations Acts, 
the Secretary may enter into contracts with public and 
private entities to provide assistance related to carrying 
out the drug-free school demonstration programs estab-
lished pursuant to this section. 
‘‘(e) APPLICATIONS.—To seek a grant under this sec-
tion, a local educational agency or private school shall sub-
mit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary 
may require. 
‘‘(f) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘medical review officer’—
‘‘(A) means a licensed physician with 
knowledge of substance abuse disorders; and 
‘‘(B) does not include any—
‘‘(i) employee of the school involved; 
or
‘‘(ii) employee or agent of, or any per-
son having a financial interest in, the lab-
oratory for which the drug test results are 
being reviewed. 
‘‘(2) The term ‘student’ means any individual 
enrolled on school records as eligible to attend, or 
actually attending, school for educational purposes 
in any of grades 8 through 12.’’. 
(b) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary of Edu-
cation shall submit to the Congress a report on the results 
of the drug-free school demonstration programs estab-
lished with assistance under this section. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
4003 of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7103) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) $25,000,000 for fiscal year 2005, and for 
each of fiscal years 2006 and 2007, for drug-free 
school demonstration programs under subpart 4.’’.
(d) CONFORMING AMENDMENT.—The table of con-
tents at section 2 of the Elementary and Secondary Edu-
cation Act of 1965 is amended—
(1) by redesignating the item relating to sub-
part 4 of part A of title IV as the item relating to 
subpart 5 of part A of title IV; and 
(2) by inserting after the item relating to sec-
tion 4141 the following:
‘‘SUBPART 4—DRUG-FREE SCHOOL DEMONSTRATION PROGRAMS 
‘‘4145. Drug-free school demonstration programs.’’.
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