Drug-Free Schools and Communities Act Amendments of 1989
PL 101-226 (H.R.3614), enacted 12/12/1989

103 STAT. 1928 
PUBLIC LAW 101-226—DEC. 12, 1989 
Public Law 101-226 
101st Congress 
An Act 
Dec. 12, 1989 
[H.R. 3614] 
Drug-Free 
Schools and 
Communities 
Act 
Amendments of 
1989. 
20 u s e 2701 
note. 
To amend the Drug-Free Schools and Communities Act of 1986 to revise certain 
requirements relating to the provision of drug abuse education and prevention 
program in elementary and secondary schools, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 
nities Act Amendments of 1989". 
'Drug-Free Schools and Commu-
SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 
Section 5111(a) of the Drug-Free Schools and Communities Act of 
1986 (20 U.S.C. 3181(a)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)— 
(i) by inserting after "part C" the following: "and 
section 5136"; and 
(ii) by striking "and $20,000,000" and all that follows 
and inserting the following: "$20,000,000 for the fiscal 
year 1990, and $35,000,000 for each of the fiscal years 
1991,1992, and 1993."; and 
(B) in subparagraph (B), by striking "$230,000,000" and 
inserting "$215,000,000"; and 
(2) by adding at the end the following new paragraph: 
"(3) There are authorized to be appropriated for purposes of 
carrying out section 5136 $25,000,000 for each of the fiscal years 
1991,1992, and 1993.". 
SEC. 3. RESERVATIONS AND STATE ALLOTMENTS. 
Section 5112 of the Drug-Free Schools and Communities Act of 
1986 (20 U.S.C. 3182) is amended— 
(1) in subsection (a), by striking "From" and inserting "Except 
as provided in subsection (c)"; 
(2) in subsection (b), by striking paragraph (3) and redesignat-
ing paragraph (4) as paragraph (3); and 
(3) by adding at the end the following new subsections: 
"(c) DISTRIBUTION OF APPROPRIATIONS.—Except for funds provided 
for any fiscal year for part C of this title and sections 5136 and 5137, 
and for fiscal year 1991 for section 5146, the Secretary shall distrib-
ute any amounts appropriated or otherwise made available to carry 
out this title for any fiscal year in the following manner: 
"(1) In any year in which the total of such amounts is not 
more than the total amount appropriated or otherwise made 
available to carry out this title for the fiscal year 1989, the 
Secretary shall distribute such total amount as provided in 
subsections (a) and (b). 
"(2) In any year in which the total of such amounts is greater 
than the total amount appropriated or otherwise made avail-
PUBUC LAW 101-226—DEC. 12,1989 
103 STAT. 1929 
able to carry out this title for the fiscal year 1989, the amount in 
excess of the total amount appropriated or otherwise made 
available to carry out this title for the fiscal year 1989 shall be 
distributed as follows: 
"(A) Such amount as is necessary to carry out the reserva-
tions under paragraphs (1), (2), and (3) of subsectidn (a); 
"(BKi) Except as provided in clause (ii), not more than 
$14,700,000 to be allocated to the chief executive officer of each 
State, in an amount which bears the same ratio to such amount 
as the school-age population of the State bears to the school-age 
population of all States. 
"(ii) For fiscal year 1990, in addition to amounts made avail-
able under clause (i), $25,000,000 shall be available for distribu-
tion to the chief executive officer of each State in an amount 
which bears the same ratio to such additional amount as the 
school-age population of the State bears to the school-age popu-
lation of all States. Funds available under this clause shall be 
used to carry out section 5136. 
"(C) Subject to subparagraph (D), of the remainder— 
"(i) 50 percent of such remainder shall be distributed to 
the States under subsection (b); and 
"(ii) 50 percent of such remainder shall be distributed to 
the States on the basis of the amounts received by each 
State under part A of title I of chapter 1 for the preceding 
fiscal year. 
"(D) Under subparagraph (C), no State shall be allotted less 
than an amount equal to 0.5 percent of such remainder. 
"(d) DEFINITION.—For the purposes of this section, the term 'State' 
means any of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.". 
SEC. 4. IJSK OF ALLOTMENTS BY STATES. 
Section 5121 of the Drug-Free Schools and Communities Act of 
1986 (20 U.S.C. 3191) is amended by adding at the end the following 
new subsection: 
"(c) USE OF ADDITIONAL AMOUNTS.—Any amounts received by a 
Grants. 
State under section 5112(cX2XC) shall be used by the State edu-
cational agency to make grants to local educational agencies for 
purposes of carrying out programs in accordance with section 5125. 
The State educational agency shall distribute any such amounts 
among the local educational agencies within the State on the basis 
of the amounts received by each such local educational agency 
under part A of title I of chapter 1 for the preceding fiscal year.'. 
SEC. 5. STATE PROGRAMS. 
Section 5122 of the Drug-Free Schools and Communities Act of 
1986 (20 U.S.C. 3192) is amended— 
(1) in subsection (a) by striking "local governments" and all 
that follows through "organizations" and inserting "parent 
groups, community action agencies, community-based organiza-
tions, and other public entities and private nonprofit entities"; 
(2) in subsection (a)— 
(A) in paragraph (6) by striking "and" at the end thereof; 
(B) in paragraph (7) by striking the period at the end 
thereof and inserting "; and"; and 
(C) by adding at the end of such subsection the following 
new paragraph: 
103 STAT. 1930 
PUBLIC LAW 101-226—DEC. 12, 1989 
"(8) to promote, establish, and maintain drug-free school 
zones for schools within the State.". 
Grants. 
(3) in subsection (b) by striking the second sentence of para-
ChUd?e?and 
graph (1) and inserting the following: "The chief executive 
youth. 
officer shall make grants to or enter into contracts with public 
entities or private nonprofit entities for purposes of providing 
community-based programs of coordinated services that are 
designed for high-risk youths, including programs that use 
strategies to improve skills of such youths such as vocational 
and educational counseling and job skills training, giving prior-
ity to assisting community action agencies, community-based 
organizations, parent groups, and other entities which are rep-
resentative of communities or significant segments of commu-
nities and which have the capability to provide such services. 
The chief executive officer shall also make grants to private 
nonprofit organizations to develop new strategies to commu-
nicate anti-drug abuse messages to youths."; 
(4) in subsection (b)(2)— 
(A) in subparagraph (I) by striking "or"; 
(B) in subparagraph (J) by striking the period and insert-
ing "; and"; and 
(C) by adding after subparagraph (J) the following new 
subparagraph: 
"(K) is a juvenile in a detention facility within the State.". 
(5) by adding at the end thereof the following new subsection: 
"(d) DRUG TESTING PROGRAMS.—For each fiscal year, amounts 
made available to the chief executive officer of a State by section 
5121(a) may be used for nondiscriminatory random drug testing 
programs for students voluntarily participating in athletic activities 
only in schools which voluntarily choose to participate in such a 
program. Nothing in this subsection shall prescribe or prohibit the 
use of drug testing programs.". 
SEC. 6. STATE APPLICATIONS. 
Subsection (b) of section 5123 of the Drug-Free Schools and 
Communities Act of 1986 (20 U.S.C. 3193) is amended— 
(1) in paragraph (7), by inserting before the semicolon the 
following: ", and judicial officials"; 
(2) by striking "and" at the end of paragraph (10); 
(3) by striking the period at the end of paragraph (11) and 
inserting "; and"; and 
(4) by adding at the end the following new paragraph: 
"(12) include a plan for providing innovative programs of drug 
abuse education for juveniles in detention facilities within the 
State as required by section 5122(b)(1)(A).". 
SEC. 7. RESPONSIBILITIES OF STATE EDUCATIONAL AGENCIES. 
Section 5124 of the Drug-Free Schools and Communities Act of 
1986 (20 U.S.C. 3194) is amended— 
(1) by amending subsection (a) to read as follows: 
"(a) GRANTS TO LOCAL AND INTERMEDIATE EDUCATIONAL AGEN-
CIES.—(1) Each State educational agency shall use a sum which shall 
not be less than 90 percent of the amounts available under section 
5121(b) for each fiscal year for grants to local educational agencies, 
intermediate educational agencies, and consortia in the State, in 
accordance with applications approved under section 5126. 
PUBLIC LAW 101-226—DEC. 12, 1989 
103 STAT. 1931 
"(2) From the sum described in paragraph (1), the State edu-
cational agency shall distribute funds for use among local edu-
cational agencies, intermediate educational agencies, and consortia 
in the State on the basis of the relative enrollments in public schools 
and private nonprofit schools served by such agencies and consortia. 
"(3)(A) Not later than July 1 of each year, the State educational 
agency shall inform each local educational agency, intermediate 
educational agency, and consortium in the State of the amount 
allocated to such agency or consortium from amounts available 
under subsections (b) and (c) of section 5121. If a local educational 
agency or a consortium of local educational agencies chooses not to 
apply to receive the amount allocated to such agency under this 
subsection, the State educational agency— 
"(i) shall distribute such amount to the intermediate edu-
cational agency serving such local educational agency or 
consortium; or 
"(ii) may, if it is able to facilitate the arrangement of a 
consortium among local educational agencies in the State that 
choose not to apply to receive the amounts allocated to such 
agencies under this subsection, distribute such amount to such 
consortium. 
"(B) The State educational agency shall distribute to a local 
educational agency, intermediate educational agency, or consortium 
the amount allocated to such agency or consortium from amounts 
available under subsections (b) and (c) of section 5121 upon the 
approval of an application for such agency under section 5126. 
"(4)(A) Except as provided in subparagraph (B), upon the expira-
tion of the 1-year period beginning on the date that a local edu-
cational agency, intermediate educational agency, or consortium 
under this subsection receives its allocation under this subsection— 
"(i) such agency or consortium shall return to the State 
educational agency any funds from such allocation that remain 
unobligated; and 
"(ii) the State educational agency shall reallocate any such 
amount to local educational agencies, intermediate educational 
agencies, or consortia that have plans for using such amount for 
programs or activities on a timely basis. 
"(B) In any fiscal year, a local educational agency, intermediate 
educational agency, or consortium may retain for obligation in the 
succeeding fiscal year— 
"(i) an amount equal to not more than 25 percent of the 
allocation it receives under this subsection for such fiscal year; 
or 
"(ii) upon a demonstration of good cause by such agency or 
t 
consortium, a greater amount approved by the State edu-
cational agency,'; and 
(2) in subsection (b)— 
(A) in paragraph (2), by inserting after "materials" the 
following: "that clearly and consistently teach that illicit 
drug use is harmful"; and 
(B) in paragraph (5), by striking "2.5 percent" and all that 
> 
follows and inserting "5 percent of the amounts available 
l
> 
under subsections (b) and (c) of section 5121.". 
SKC. 8. LOCAL DRLKl ABUSE EDUCATION AND PREVENTION PROGRAMS. 
Section 5125 of the Drug-Free Schools and Communities Act of 
1986 (20 U.S.C. 3195) is amended in subsection (a)— 
103 STAT. 1932 
PUBLIC LAW 101-226—DEC. 12, 1989 
(1) in paragraph (2), by inserting before the semicolon the 
following: ", which— 
"(A) should, to the extent practicable, employ counselors 
whose sole duty is to provide drug abuse prevention coun-
seling to students; 
"(B) may include the use of drug-free older students as 
positive role models and instruction relating to— 
"(i) self-esteem; 
"(ii) drugs and drug addiction; 
"(iii) decisionmaking and risk-taking; 
"(iv) stress management techniques; and 
"(v) assertiveness; 
"(C) may bring law enforcement officers into the class-
room to provide antidrug information and positive al-
ternatives to drug use, including decisionmaking and 
assertiveness skills; and 
"(D) in the case of a local educational agency that deter-
mines it has served all students in all grades, such local 
educational agency may target additional funds to particu-
larly vulnerable age groups, especially those in grades 4 
through 9"; 
(2) in paragraph (4)— 
(A) by inserting "and intervention" after "drug abuse 
prevention"; and 
(B) by striking the semicolon at the end and inserting the 
following: 
", which may include— 
"(A) the employment of counselors, social workers, 
psychologists, or nurses who are trained to provide drug 
abuse prevention and intervention counseling; or 
"(B) the provision of services through a contract with a 
private nonprofit organization that employs individuals 
who are trained to provide such counseling;"; 
(3) in paragraph (8), by striking "educational personnel" and 
inserting "school personnel"; and 
(4) in paragraph (11) by striking "and" at the end thereof; 
(5) by redesignating paragraph (12) as paragraph (13); and 
(()) by adding after paragraph (11) the following new 
paragraph: 
"(12) model alternative schools for youth with drug problems 
that address the special needs of such students through edu-
cation and counseling; and". 
SEC. 9. LOCAL APPLICATIONS. 
Section 5126 of the Drug-Free Schools and Communities Act of 
1986 (20 U.S.C. 3196) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting before the period the 
following: "before the expiration of the 120-day period 
beginning on the date that the State educational agency 
notifies the local educational agency, intermediate edu-
cational agency, or consortium of the amount allocated to 
such agency or consortium under section 5124(a)."; and 
(B) in paragraph (2)— 
(i) in subparagraph (H), by inserting before the semi-
colon the following: "and with appropriate community-
based organizations"; 
PUBLIC LAW 101-226~DEC. 12, 1989 
103 STAT. 1933 
(ii) by striking "and" at the end of subparagraph (L); 
(iii) by redesignating subparagraph (M) as subpara-
graph (R); and 
(iv) by inserting after subparagraph (L) the following 
new subparagraphs: 
"(M) describe how the applicant will ensure that the schools 
will be an important part of a community-wide effort to achieve 
a drug-free population; 
"(N) describe how, to the extent practicable, assistance pro-
vided under this title will be used to provide trained counselors, 
social workers, psychologists, and nurses to carry out drug 
abuse prevention and intervention activities in addition to any 
individuals so employed by the applicant on the date of the 
* 
enactment of the Drug-Free Schools and Communities Act 
Amendments of 1989; 
"(O) provide assurances that the applicant will maintain and 
make available for distribution a list of local resources for 
substance abuse counseling and treatment; 
"(P) provide assurances that the applicant has reviewed 
curricula that it intends to use and that such curricula will 
meet the needs of the schools served by the applicant; 
"(Q) describe the training that will be provided for teachers 
and other personnel who are involved in the implementation of 
programs to be carried out by the applicant under this part; 
and"; and 
(2) by amending paragraph (1) of subsection (b) to read as 
follows: 
"(1) Each applicant shall annually submit to the State educational Reports, 
agency a progress report on the implementation of its plan. The 
progress report shall include— 
"(A) the applicant's significant accomplishments under the 
plan during the preceding year; 
"(B) the extent to which the original objectives of the plan are 
being achieved; 
"(C) a discussion of the method used by the applicant to 
evaluate the effectiveness of its drug education program carried 
out under its plan; and 
^ 
"(D) the results of the evaluation described in subparagraph 
(C).". 
SEC. 10. REPORTS. 
Subsection (a) of section 5127 of the Drug-Free Schools and 
Communities Act of 1986 (20 U.S.C. 3197) is amended in paragraph 
(3)-
(1) by striking "and" at the end of subparagraph (F); 
(2) by striking the period at the end of subparagraph (G) and 
inserting "; and"; and 
V
^ 
(3) by adding at the end the following new subparagraph: 
' 
"(H) an evaluation of the effectiveness of State and local 
' 
drug and alcohol abuse education and prevention pro-
grams.". 
SEC. 11. TRAINING OF TEACHERS, COUNSELORS. AND SCHOOL PERSON-
NEL. 
(a) AMENDMENT TO PART HEADING.—The heading for part C of the 
Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3198 et 
seq.) is amended to read as follows: 
103 STAT. 1934 
PUBLIC LAW 101-226—DEC. 12,1989 
"PART 
C—TRAINING 
OF 
TEACHERS, 
COUNSELORS, 
AND 
SCHOOL 
PERSONNEL". 
(b) PROGRAM AND ALLOCATIONS.—Subsection (b) of section 5128 of 
20 use 3201. 
the Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3198) 
is amended by striking "educational personnel" in the first sentence 
and inserting "school personnel". 
SEC. 12. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION. 
(a) IN GENERAL.—Section 5131 of the Drug-Free Schools and 
Communities Act of 1986 (20 U.S.C. 3211) is amended— 
(1) in paragraph (4) of subsection (a), by striking "subsection 
(d)" and inserting "subsection (c)"; 
(2) by striking subsection (b) and redesignating subsections (c) 
and (d) as subsections (b) and (c), respectively; and 
(3) by striking subsection (e). 
20 use 3211 
(b) TRANSITION PROVISION.—Any amounts appropriated for the 
note- 
fiscal year 1990 and for any subsequent fiscal year for the purpose of 
making training grants under section 5131(b) of the Drug-Free 
Schools and Communities Act of 1986 (20 U.S.C. 3211) as such 
section existed on the day before the date of the enactment of this 
Act shall be used by the Secretary of Education for the purpose of 
making grants under section 5128 of the Drug-Free Schools and 
Communities Act of 1986 (20 U.S.C. 3198). 
SEC. 13. FEDERAL ACTIVITIES. 
Subsection (b) of section 5132 of the Drug-Free Schools and 
Communities Act of 1986 (20 U.S.C. 3212) is amended— 
(1) by striking "and" at the end of paragraph (4); 
(2) by striking the period at the end of paragraph (5) and 
inserting "; and"; and 
(3) by adding at the end the following new paragraphs: 
"(6) use private nonprofit organizations to develop innovative 
strategies to communicate antidrug abuse messages to youths 
and to eliminate drug abuse from the communities of the 
Nation; and 
"(7) as necessary, evaluate programs assisted under this 
title.". 
SEC. 11. EMERGENCY GRANTS. 
Part D of the Drug-Free Schools and Communities Act of 1986 (20 
U.S.C. 3211 et seq.) is amended by adding at the end the following 
new section: 
20 u s e 3216. 
"SEC. .51.36 EMERGENCY GRANTS. 
"(a) PROGRAM AUTHORIZED.—Except as provided under subsection 
(d), the Secretary, in consultation with the Attorney General and 
the Secretary of Health and Human Services, shall make grants to 
eligible local educational agencies that demonstrate significant need 
for additional assistance for purposes of combating drug and alcohol 
abuse by students served by such agencies. 
"(b) ELIGIBLE AGENCIES.—A local educational agency shall be 
eligible to receive a grant under this section if such agency— 
"(1) receives assistance under section 1006 or meets the cri-
teria of clauses (i) and (ii) of section 1006(a)(1)(A); and 
"(2) serves an area— 
PUBLIC LAW 101-226—DEC. 12, 1989 
103 STAT. 1935 
"(A) in which there is a large number or a high percent-
age o
f
— 
"(i) arrests for, or while under the influence of, drugs 
or alcohol; or 
"(ii) convictions of youths for drug or alcohol-related 
crimes; 
"(B) in which there is a large number or high percentage 
of referrals of youths to drug and alcohol abuse treatment 
and rehabilitation programs; and 
"(C) that has a significant drug and alcohol abuse prob-
lem, as indicated by other appropriate data. 
"(c) AMOUNT OF GRANTS.—Each grant awarded under this section 
shall be in an amount that is not less than $100,000 and not more 
than $1,000,000. 
"(d) FISCAL YEAR 1990.—For fiscal year 1990, funds available for 
the purposes of this section shall be allocated to the chief executive 
officer of each State for distribution through State educational 
agencies to local educational agencies.". 
SICC. LI. DKU(;-FREE SCHOOL ZONES DEMONSTRATION PROGRAM. 
20 USC 3217. 
Part D of the Drug-Free Schools and Communities Act (20 U.S.C. 
3211 et seq.) is amended by adding after section 5136 (as added by 
section 14) the following new section: 
"SEC. 5137. DRUG-FREE SCHOOL ZONES DEMONSTRATION PROGRAM. 
"(a) ESTABLISHMENT OF DEMONSTRATION PROGRAM FOR DRUG-FREE 
SCHOOL ZONES.—The Secretary of Education is authorized to estab-
lish a demonstration program to establish and maintain drug-free 
school zones. In carrying out the demonstration program under this Grants, 
section, the Secretary shall make grants to local educational agen-
cies, intermediate educational agencies, and consortia. 
"(b) EVALUATIONS.—The Secretary shall evaluate programs under 
this section. 
"(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated $2,000,000 to carry out the purposes of this section. 
Funds appropriated under this section are authorized to remain 
available until expended.". 
SEC. 16. DEFINITIONS. 
Section 5141 of the Drug-Free Schools and Communities Act of 
1986 (20 U.S.C. 3221) is amended— 
(1) in paragraph (1), by inserting before the period the follow-
ing: ", including anabolic steroids'; 
(2) in paragraph (2), by inserting before the period the follow-
ing: ", including anabolic steroids'; and 
(3) by adding at the end the following new paragraph: 
"(10) The term 'school personnel' includes teachers, adminis-
trators, guidance counselors, social workers, psychologists, 
i 
nurses, librarians, and other support staff who are employed by 
a school or who perform services for the school on a contractual 
basis.". 
SE(\ 17. PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE 
NONPROFIT ELEMENTARY AND SECONDARY SCHOOLS. 
Subsection (c) of section 5148 of the Drug-Free Schools and 
Communities Act of 1986 (20 U.S.C. 3233) is amended— 
20 USC 3228. 
(1) by striking "WAIVER;"; 
103 STAT. 1936 
PUBLIC LAW 101-226—DEC. 12, 1989 
(2) by inserting after "SECRETARY" the following: "AND STATE 
EDUCATIONAL AGENCIES"; 
(3) by inserting "(1)" before "If by reason"; and 
(4) by adding at the end the following new paragraph: 
"(2) If a State educational agency determines that a local edu-
cational agency, intermediate educational agency, or consortium, as 
appropriate, is failing to provide for the equitable participation of 
children or teachers from private nonprofit elementary or secondary 
schools in accordance with subsection (a) or (b), the State edu-
cational agency shall waive the requirements of such subsection 
with respect to such local educational agency, intermediate edu-
cational agency, or consortium and make appropriate arrangements 
for the equitable participation of such children or teachers.". 
SP:C. 18. NATIONAL DIFFUSION NETWORK. 
Part D of the Drug-Free Schools and Communities Act of 1986 (20 
U.S.C. 8221 et seq.) is amended by adding at the end the following 
new section: 
20 u s e 3224b. 
SKC. 5Mfi. DISSEMINATION OF INFORMATION AND TECHNICAL ASSIST-
ANCE. 
"(a) 
DISSEMINATION OF INFORMATION AND TECHNICAL ASSIST-
ANCE.—The Secretary, through the National Diffusion Network 
established under section 1562, shall disseminate information and 
technical assistance with respect to drug abuse education and 
prevention programs of demonstrated effectiveness. 
"(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to carry out this section, $500,000 for fiscal year 
1991.". 
SEC. 1«. DEVELOPMENT OF EARLY CHILDHOOD EDUCATION DRUG 
ABUSE PREVENTION MATERIALS. 
(a) AMENDMENT TO PART HEADING.—The heading for part F of the 
Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3227) is 
amended to read as follows: 
"PART F—DEVELOPMENT OF EARLY CHILD-
HOOD EDUCATION DRUG ABUSE PREVENTION 
MATERIALS". 
(b) PROGRAM AUTHORIZED.—Subsection (a) of section 5151 of 
the 
Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3227) is 
amended— 
(1) by striking "and such other" and inserting "such other"; 
and 
(2) by inserting before the period the following: ", and to 
parents of children participating in such programs". 
SEC. 20. LEADERSHIP IN EDUCATIONAL ADMINISTRATION DEVELOP-
MENT. 
Section 541(b) of the Higher Education Act of 1965 (20 U.S.C. 
1109(b)) is amended— 
(1) by striking "and" at the end of paragraph (4); 
(2) by striking the period at the end of paragraph (5) and 
inserting "; and"; and 
(8) by adding at the end the following new paragraph: 
PUBLIC LAW 101-226—DEC. 12,1989 
103 STAT. 1937 
. '-(6) developing skills and techniques for administering drug 
prevention and education programs.'. 
SEC. 21. KMKKfiKNCY GRANTS FOR CHILD ABUSE PREVENTION SERVICES 
FOR CHILDREN WHOSE PARENTS ARE SUBSTANCE ABUSERS. 
The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et 
seq.), as amended by the Child Abuse Prevention Challenge Grants 
Reauthorization Act of 1989 (Public Law 101-126), is amended by 
adding after section 107 the following new section: 
"SEC. 107A. EMERGENCY CHILD ABUSE PREVENTION SERVICES GRANT. 42 USC 5l06a-l. 
"(a) ESTABLISHMENT.—The Secretary shall establish a program to 
make grants to eligible entities to enable such entities to provide 
services to children whose parents are substance abusers. 
"(b) ELIGIBLE ENTITIES.—Entities eligible to receive a grant under 
this section shall be— 
"(1) State and local agencies that are responsible for admin-
istering child abuse or related child abuse intervention services; 
and 
"(2) community and mental health agencies and nonprofit 
youth-serving organizations with experience in providing child 
abuse prevention services. 
"(c) APPLICATION.— 
"(1) IN GENERAL.—To be eligible to receive a grant under this 
section, an entity shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may by regulation require. 
"(2) ASSURANCE OF USE.—An application submitted under 
paragraph (1) shall— 
"(A) contain an assurance that the applicant operates in 
a geographic area where child abuse has placed substantial 
strains on State and local agencies and has resulted in 
substantial increases in the need for services that cannot be 
met without funds available under this section; 
"(B) identify the responsible agency or agencies that will 
be involved in the use of funds provided under this section; 
"(C) contain a description of emergency situations with 
regard to children of substance abusers who need services 
of the type described in this section; 
"(D) contain a plan for improving the delivery of such 
services to such children; 
"(E) contain assurances that such services will be pro-
vided in a comprehensive multi-disciplinary and coordi-
nated manner; and 
"(F) contain any additional information as the Secretary 
may reasonably require. 
"(d) USE OF FUNDS.—Funds received by an entity under this 
section shall be used to improve the delivery of services to children 
whose parents are substance abusers. Such services may include— 
"(1) the hiring of additional personnel by the entity to reduce 
caseloads; 
"(2) the provision of additional training for personnel to 
impiove their ability to provide emergency child abuse preven-
tion services related to substance abuse by the parents of such 
children; 
"(3) the provision of expanded services to deal with family 
crises created by substance abuse; and 
103 STAT. 1938 
PUBLIC LAW 101-226—DEC. 12, 1989 
"(4) the establishment or improvement of coordination be-
tween the agency administering the grant, and— 
"(A) child advocates; 
"(B) public educational institutions; 
"(C) community-based organizations that serve substance 
abusing parents, including pregnant and post-partum fe-
males and their infants; and 
"(D) parents and representatives of parent groups and 
related agencies. 
"(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to carry out this section, $40,000,000 for fiscal year 
1990, and such sums as may be necessary for each of the subsequent 
fiscal years 1991, 1992, and 1993.". 
SEC. 22. DRUG-P REE SCHOOLS AND CAMPUSES. 
(a) IN GENERAL.— 
(1) CERTIFICATION OF DRUG AND ALCOHOL ABUSE PREVENTION 
PROGRAM.—Title XII of the Higher Education Act of 1965 (20 
U.S.C. 1001 et seq.) is amended by adding at the end a new 
section 1213 to read as follows: 
"DRUG AND ALCOHOL ABUSE PREVENTION 
20 use 1145g. 
"SEC. 1213. (a) Notwithstanding any other provision of law, no 
institution of higher education shall be eligible to receive funds or 
any other form of financial assistance under any Federal program, 
including participation in any federally funded or guaranteed stu-
dent loan program, unless it certifies to the Secretary that it has 
adopted and has implemented a program to prevent the use of illicit 
drugs and the abuse of alcohol by students and employees that, at a 
minimum, includes— 
"(1) the annual distribution to each student and employee 
of— 
"(A) standards of conduct that clearly prohibit, at a 
minimum, the unlawful possession, use, or distribution of 
illicit drugs and alcohol by students and employees on its 
property or as part of any of its activities; 
"(B) a description of the applicable legal sanctions under 
local. State, or Federal law for the unlawful possession or 
distribution of illicit drugs and alcohol; 
"(C) a description of the health risks associated with the 
use of illicit drugs and the abuse of alcohol; 
"(D) a description of any drug or alcohol counseling, 
treatment, or rehabilitation or re-entry programs that are 
available to employees or students; and 
"(E) a clear statement that the institution will impose 
sanctions on students and employees (consistent with local. 
State, and Federal law), and a description of those sanc-
tions, up to and including expulsion or termination of 
employment and referral for prosecution, for violations of 
the standards of conduct required by paragraph (1)(A); and 
"(2) a biennial review by the institution of its program to— 
"(A) determine its effectiveness and implement changes 
to the program if they are needed; and 
"(B) ensure that the sanctions required by paragraph 
(1)(E) are consistently enforced. 
PUBLIC LAW 101-226—DEC. 12, 1989 
103 STAT. 1939 
"(b) Each institution of higher education that provides the certifi- 
f'iblic 
cation required by subsection (a) shall, upon request, make available 
""onnation. 
to the Secretary and to the public a copy of each item required by 
subsection (a)(1) as well as the results of the biennial' review re-
quired by subsection (a)(2). 
"(c)(1) The Secretary shall publish regulations to implement and Regulations, 
enforce the provisions of this section, including regulations that 
provide for— 
"(A) the periodic review of a representative sample of pro-
grams required by subsection (a); and 
"(B) a range of responses and sanctions for institutions of 
higher education that fail to implement their programs or to 
consistently enforce their sanctions, including information and 
technical assistance, the development of a compliance agree-
ment, and the termination of any form of Federal financial 
assistance. 
"(2) The sanctions required by subsection (a)(1)(E) may include the 
completion of an appropriate rehabilitation program. 
"(d) Upon determination by the Secretary to terminate financial 
assistance to any institution of higher education under this section, 
the institution may file an appeal with an administrative law judge 
before the expiration of the 30-day period beginning on the date 
such institution is notified of the decision to terminate financial 
assistance under this section. Such judge shall hold a hearing with 
respect to such termination of assistance before the expiration of the 
45-day period beginning on the date that such appeal is filed. Such 
judge may extend such 45-day period upon a motion by the institu-
tion concerned. The decision of the judge with respect to such 
termination shall be considered to be a final agency action.". 
(2) EFFECTIVE DATE.—(A) Except as provided in subparagraph 
(B), the amendment made by paragraph (1) shall take effect on 
October 1, 1990. 
(B) The Secretary of Education may allow any institution of 
higher education until not later than April 1, 1991, to comply 
with section 1213 of the Higher Education Act of 1965 (as added 
by paragraph (1)) if such institution demonstrates— 
(i) that it is in the process of developing and implement-
ing its plan under such section; and 
(ii) it has a legitimate need for more time to develop and 
implement such plan, 
(b) AMENDMENTS TO DRUG-FREE SCHOOLS AND COMMUNITIES ACT OF 
1986.— 
(1) IN GENERAL.—Part D of the Drug-Free Schools and 
Communities Act of 1986 (20 U.S.C. 3171 et seq.) is amended by 
adding after section 5144 the following new section: 
"SEC. .
5
1
1
.
'
)
. CERTIFICATION 
OF 
DRUG 
AND 
ALCOHOL 
ABUSE 
PREVENTION 
PROGRAMS. 
"(a) IN GENERAL.—Notwithstanding any other provision of law 
other than section 432 of the General Education Provisions Act and 
section 103(b) of the Department of Education Organization Act, no 
local educational agency shall be eligible to receive funds or any 
other form of financial assistance under any Federal program unless 
it certifies to the State educational agency that it has adopted and 
has implemented a program to prevent the use of illicit drugs and 
alcohol by students or employees that, at a minimum, includes— 
20 use 1145g 
note. 
20 use 3224a. 
103 STAT. 1940 
PUBLIC LAW 101-226—DEC. 12,1989 
"(1) age-appropriate, developmentally based drug and alcohol 
education and prevention programs (which address the legal, 
social, and health consequences of drug and alcohol use and 
which provide information about effective techniques for resist-
ing peer pressure to use illicit drugs or alcohol) for students in 
all grades of the schools operated or served by the applicant, 
from early childhood level through grade 12; 
"(2) conveying to students that the use of illicit drugs and the 
unlawful possession and use of alcohol is wrong and harmful; 
"(3) standards of conduct that are applicable to students and 
employees in all the applicant's schools and that clearly pro-
hibit, at a minimum, the unlawful possession, use, or distribu-
tion of illicit drugs and alcohol by students and employees on 
school premises or as part of any of its activities; 
"(4) a clear statement that sanctions (consistent with local, 
State, and Federal law), up to and including expulsion or termi-
nation of employment and referral for prosecution, will be 
imposed on students and employees who violate the standards of 
conduct required by paragraph (3) and a description of those 
sanctions; 
"(5) information about any available drug and alcohol coun-
seling and rehabilitation and re-entry programs that are avail-
able to students and employees; 
"(6) a requirement that parents, students, and employees be 
given a copy of the standards of conduct required by paragraph 
(3) and the statement of sanctions required by paragraph (4); 
"(7) notifying parents, students, and employees that compli-
ance with the standards of conduct required by paragraph (3) is 
mandatory; and 
"(8) a biennial review by the applicant of its program to— 
"(A) determine its effectiveness and implement changes 
to the program if they are needed; and 
"(B) ensure that the sanctions required by paragraph (4) 
are consistently enforced. 
"(b) DISSEMINATION OF INFORMATION.—Each local educational 
agency that provides the certification required by subsection (a) 
shall, upon request, make available to the Secretary, the State 
educational agency, and to the public full information about the 
elements of its program required by subsection (a), including the 
results of its biennial review. 
"(c) CERTIFICATION TO SECRETARY.—Each State educational agency 
shall certify to the Secretary that it has adopted and has imple-
mented a program to prevent the use of illicit drugs and the abuse of 
alcohol by its students and employees that is consistent with the 
Public 
program required by subsection (a) of this section. The State edu-
information. 
cational agency shall, upon request, make available to the Secretary 
and to the public full information about the elements of its program. 
"(d) REGULATIONS.—(1) The Secretary shall publish regulations to 
implement and enforce the provisions of this section, including 
regulations that provide for— 
"(A) the periodic review by State educational agencies of a 
representative sample of programs required by subsection (a); 
and 
"(B) a range of responses and sanctions for local educational 
agencies that fail to implement their programs or to consist-
ently enforce their sanctions, including information and tech-
PUBLIC LAW 101-226—DEC. 12, 1989 
103 STAT. 1941 
nical assistance, the development of a compliance agreement, 
and the termination of any form of Federal financial assistance. 
"(2) The sanctions required by subsection (aXl)(4) may include the 
completion of an appropriate rehabilitation program. 
"(e) Upon a determination by the Secretary to terminate financial 
assistance to any local educational agency under this section, the 
agency may file an appeal with an administrative law judge before 
the expiration of the 30-day period beginning on the date such 
agency is notified of the decision to terminate financial assistance 
under this section. Such judge shall hold a hearing with respect to 
such termination of assistance before the expiration of the 45-day 
period beginning on the date that such appeal is filed. Such judge 
may extend such 45-day period upon a motion by the agency con-
cerned. The decision of the judge with respect to such termination 
shall be considered to be a final agency action.". 
(2) 
CONFORMING AMENDMENTS.—Paragraph (2) of section 
5126(e) of the Drug-Free Schools and Communities Act of 1986 
(20 U.S.C. 3196(c)) (as amended, by section 9 of this Act) is 
amended— 
(A) by striking subparagraphs (E), (F), and (G); and 
(B) by redesignating subparagraphs (H) through (R) as 
subparagraphs (E) through (O), respectively. 
(3) EFFECTIVE DATE.—(A) Except as provided in subparagraph 
20 USC 3224a 
(B), the amendments made by paragraphs (1) and (2) shall take 
"°**' 
effect on October 1,1990. 
(B) The Secretary of Education may allow any local edu-
cational agency until not later than April 1, 1991, to comply 
with section 5145 of the Drug-Free Schools and Communities 
Act of 1986 (as added by paragraph (1)) if such agency dem-
onstrates— 
(i) that it is in the process of developing and implement-
ing its plan under such section; and 
(ii) it has a legitimate need for more time to develop and 
implement such plan. 
SEC. 
2
3
. BEFORE 
AND 
AFTER 
SCHOOL 
PROGRAMS 
FOR 
UNSUPERVISED 
CHILDREN. 
Section 3521(d) of the National Narcotics Leadership Act of 1988 is 42 USC 11841. 
amended by— 
(1) redesignating paragraph (8) as paragraph (9); 
(2) striking "and" at the end of paragraph (7); and 
(3) inserting after paragraph (7) the following new paragraph: 
"(8) programs for unsupervised children before and after 
school, including— 
103 STAT. 1942 
PUBLIC LAW 101-226—DEC. 12,1989 
"(A) education and instruction consistent with the Drug-
Free Schools and Communities Act of 1986; 
"(B) athletic activities; 
"(C) creative activities; and 
"(D) other programs designed to reduce the risk of drug 
abuse; and". 
Approved December 12,1989. 
LEGISLATIVE HISTORY—H.R. 3614: 
HOUSE REPORTS: No. 101-384 (C!omm. of Conference). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Nov. 13, considered and passed House. 
Nov. 15, considered and passed Senate, amended. 
Nov. 21, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Dec. 12, Presidential statement.