[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4378 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4378

To require local educational agencies to develop and implement a random 
       drug testing program for students in grades 7 through 12.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 1998

  Mr. Peterson of Pennsylvania (for himself, Mr. Barr of Georgia, Mr. 
   Barton of Texas, and Mr. English of Pennsylvania) 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 implement a random 
       drug testing program for students in grades 7 through 12.

    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 ``Empowering Parents to Fight Drugs 
Act of 1998''.

SEC. 2. GRANT AUTHORIZATION.

    (a) State Grants.--The Secretary is authorized to provide grants to 
State educational agencies to enable each local educational agency in 
the State to develop and implement a random drug testing program for 
students in grades 7 through 12.
    (b) Local Subgrants.--Each State educational agency that receives a 
grant award under this Act shall award not less than 99.75 of such 
amount to provide subgrants to local educational agencies.
    (c) State Application.--Any State educational agency desiring to 
receive a grant under this part for any fiscal year shall submit an 
application to the Secretary at such time and in such manner as the 
Secretary may require.

SEC. 3. ALLOCATION.

    (a) In General.--
            (1) State allocation.--Except as provided in subsection 
        (b)(1), from the total amount appropriated pursuant to section 
        7 in any fiscal year, the Secretary shall allocate to each 
        State educational agency an amount that bears the same ratio to 
        such total amount as the number of students enrolled in grades 
        7 through 12 in such State in the preceding fiscal year bears 
        to the total number of such students for all States for that 
        fiscal year.
            (2) Local allocation.--Except as provided in subsection 
        (b)(2), of the remaining amounts appropriated pursuant to 
        section 7 in any fiscal year, the State shall allocate to each 
        local educational agency an amount that bears the same ratio to 
        such remaining amount as the number of students enrolled in 
        grades 7 through 12 in such agency bears to the total number of 
        such students for all local educational agencies in the State 
        for that fiscal year.
    (b) Administrative Costs.--
            (1) Secretary.--The Secretary may reserve the lesser of 
        $200,000 or 0.10 percent of the total amount appropriated to 
        carry out this Act in each fiscal year for the costs of 
        administration.
            (2) State educational agencies.--Each State educational 
        agency may reserve not more than 0.25 percent of any grant 
        funds received under this Act in each fiscal year for the costs 
        of administration.
            (3) Local educational agencies.--Each local educational 
        agency may reserve not more than 5 percent of any grant funds 
        received under this Act in each fiscal year for the costs of 
        administration.

SEC. 4. REQUIREMENTS AND OPTIONAL ACTIVITIES.

    (a) In General.--Each local educational agency that receives a 
grant under this Act shall certify to the State educational agency 
that--
            (1) funds received under this Act shall be used in 
        accordance with subsection (b);
            (2) the agency shall develop a plan to implement a drug 
        testing program; and
            (3) before implementation, any drug testing plan or 
        subsequent amendment to such plan shall be considered a public 
        document and made available to the public for review, not later 
        than 30 days after such plan or amendment is available.
    (b) Uses of Funds.--
            (1) Required uses of funds.--A local educational agency 
        that receives a grant under this Act shall, either directly or 
        through contract with outside sources, provide for a drug test 
        of each student in grades 7 through 12 not less than once each 
        year. Such test shall, at a minimum, include a drug screening 
        for marijuana, amphetamines, phencyclidine (PCP), opiates, and 
        cocaine.
            (2) Optional uses of funds.--After a local educational 
        agency has complied with the requirements of paragraph (1), the 
        agency may use any remaining funds available for the following:
                    (A) Law enforcement assistance.--To contract with 
                local law enforcement agencies to assist in drug 
detection in schools, including the use of drug sniffing dogs.
                    (B) Additional tests.--To test students more than 
                once during a school year.

SEC. 5. GENERAL REQUIREMENTS.

    (a) Reporting of Test Results.--Each local educational agency that 
receives funds under this Act shall inform parents in detail about the 
random testing program and ensure that--
            (1) at the beginning of each school year, parents are 
        notified of their right to withdraw their child from 
        participation in the random drug testing program; and
            (2) parents receive, on a timely basis, the positive 
        results of any drug test of a child who participates in the 
        program.
    (b) Confidentiality.--The local educational agency shall develop 
and enforce standards designed to protect the confidentiality of all 
student test results.
    (c) Medical Review Officer.--
            (1) In general.--Each local educational agency that 
        receives a grant under this Act shall provide, either directly 
        or through contract, for a medical review officer.
            (2) Duties.--Each medical review officer shall be 
        designated to receive all test results.
                    (A) First positive result.--In the case of the 
                first positive test result of a student, the medical 
                review officer shall be responsible to inform only 
                parents by making every attempt feasible to meet with 
                the parents of such student and inform the parents of 
                the results and resources and services of 
                rehabilitation and education available in the 
                community.
                    (B) Consecutive positive results.--In the case of a 
                student who has 2 or more consecutive positive test 
                results, the medical review officer shall be 
                responsible to inform parents and school officials who 
                shall determine the appropriate action for the student 
                based on school policy.

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``medical review officer'' means a licensed 
        physician (medical doctor or doctor of osteopathy) responsible 
        for receiving laboratory results generated by a local 
        educational agency's drug testing program who has knowledge of 
        substance abuse disorders and has appropriate medical training 
        to interpret and evaluate a student's confirmed positive test 
        result together with the student's medical history and any 
        other relevant biomedical information;
            (2) the term ``parent'' includes a legal guardian or other 
        person standing in loco parentis;
            (3) the term ``Secretary'' means the Secretary of 
        Education; and
            (4) the term ``State'' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, and Guam.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act for each of fiscal years 1999 through 
2003.

SEC. 8. AMENDMENT TO ESEA.

    (a) Amendment.--Part E of title XIV of the Elementary and Secondary 
Education Act of 1965 is amended by adding at the end the following:

``SEC. 14515. RANDOM DRUG TESTING.

    ``Any local educational agency that receives funds under this Act 
shall implement a drug testing program that meets the requirements of 
the ``Empowering Parents to Fight Drugs Act of 1998.''.
    (b) Effective Date.--A local educational agency shall implement a 
drug testing program referred to in section 14515 of the Elementary and 
Secondary Education Act of 1965 not later than the school year 
beginning 1 year after the date of the enactment of this Act.
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