I
106TH CONGRESS
1ST SESSION
H. R. 1642
To require local educational agencies to develop and implement a random
drug testing and counseling program for students in grades 9 through 12.
IN THE HOUSE OF REPRESENTATIVES
APRIL 29, 1999
Mr. ROGAN introduced the following 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 and counseling program
for students in grades 9 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 ‘‘Parental Consent Drug
Testing and Counseling Act’’.
SEC. 2. GRANT AUTHORIZATION.
(a) STATE GRANTS.—The Secretary is authorized to
provide grants to State educational agencies to provide
subgrants that enable each local educational agency in the
State to develop and implement a random drug testing
and counseling program authorized by parents for stu-
dents in grades 9 through 12 that shall be conducted on
school premises.
(b) STATE APPLICATION.—Any State educational
agency that wishes 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
require.
(c) LOCAL SUBGRANTS.—
(1) IN
GENERAL.—Each State educational
agency that receives a grant award under this Act
shall award not less than 99.75 of such amount to
provide subgrants to local educational agencies.
(2) LOCAL
APPLICATION.—Each Local edu-
cational agency that wishes to receive a subgrant
under this part for any fiscal year shall submit an
application to the State educational agency at such
time and in such manner as the State educational
agency may require.
SEC. 3. ALLOCATION.
(a) IN GENERAL.—
(1) STATE ALLOCATION.—The Secretary shall
allocate the amount available to carry out this Act
and not reserved under subsection (b)(1) to each of
the States as follows:
(A) Fifty percent shall be allocated among
such States on the basis of their relative popu-
lations of students in grades 9 through 12, as
determined by the Secretary on the basis of the
most recent satisfactory data.
(B) Fifty percent shall be allocated among
such States in accordance with the relative
amounts such States received under part A of
title I of the Elementary and Secondary Edu-
cation Act of 1965 for the preceding fiscal year.
(2) LOCAL ALLOCATION.—The State shall allo-
cate the remaining amount available to carry out
this Act and not reserved under subsection (b) to
each of the local educational agencies in such State
as follows:
(A) 50 percent shall be allocated among
such local educational agencies on the basis of
their relative populations of students in grades
9 through 12, as determined by the Secretary
on the basis of the most recent satisfactory
data.
(B) 50 percent shall be allocated among
such local educational agencies in accordance
with the relative amounts such jurisdictions re-
ceived under part A of title I of the Elementary
and Secondary Education Act of 1965 for the
preceding fiscal year.
(3) REALLOCATION.—If any State does not
apply for an allotment under paragraph (1) or a
local educational agency does not apply for an allot-
ment under paragraph (2) for any fiscal year, the
Secretary or the State, as appropriate, shall reallo-
cate such amount to the remaining jurisdictions in
accordance with paragraph (1) or (2), as appro-
priate.
(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
4 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 and counseling program; and
(3) before implementation, any drug testing and
counseling 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 avail-
able.
(b) USES OF FUNDS.—A local educational agency
that receives a grant under this Act shall utilize such
funds to provide, either directly or through contract with
outside sources, the following:
(1) 50 percent of funds allocated under section
3 shall be used to perform drug testing for each stu-
dent in grades 9 through 12 for which the agency
has received parental permission, not less than once
each year. Such testing shall, at a minimum, include
a drug screening for marijuana, amphetamines,
phencyclidine (PCP), opiates, and cocaine.
(2) 50 percent of funds allocated under section
3 shall be used to provide counseling services to any
high school student who receives a positive test re-
sult with such services continuing during the school
year until a parent withdraws permission for such
counseling.
(c) TESTING REQUIREMENTS.—A local educational
agency that receives a grant under this Act shall imple-
ment policies regarding drug testing as follows:
(1) In the case of any student who receives a
positive drug test result for the first time during
that school year, an additional drug test shall be ad-
ministered.
(2) In the case of any student who receives a
second 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.
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 regarding the random testing pro-
gram and the counseling program to ensure that—
(1) at the beginning of each school year parents
are notified of the option to enroll their child in the
random drug testing program and informed of the
counseling program and services offered 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 participates in the program; and
(B) the refusal of their child to take a
drug test or participate in the counseling pro-
gram, if applicable.
(b) CONFIDENTIALITY.—The local educational agen-
cy shall develop and enforce standards designed to protect
the confidentiality of all student test results with the re-
sults of such tests released only to the parents of a stu-
dent. No other public or private entity may receive or have
access to drug testing results. No law enforcement agency
shall have access to drug testing results. States shall de-
velop policies dealing with violations of confidentiality.
SEC. 6. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘parent’’ includes a legal guardian
or other person standing in loco parentis;
(2) the term ‘‘Secretary’’ means the Secretary
of Education; and