[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3720 Introduced in House (IH)]






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 establish drug-free school 
            demonstration programs, 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 ``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 percent 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 percent of 10th 
        graders, and 23 percent of 8th graders in 2001 had been 
        intoxicated.
            (5) Use of 3,4-methylenedioxy methamphetamine (commonly 
        referred to as ``MDMA'' or ``ecstasy'') 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 ability 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 disruptive 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 alcohol 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 PROGRAMS.

    ``(a) Grants.--The Secretary may make grants to local educational 
agencies and private schools to establish drug-free school 
demonstration programs described in subsection (b).
    ``(b) Requirements.--A grant may be made under subsection (a) only 
if the local educational agency or private 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 amendment to the 
        Constitution of the United States, random drug testing of 
        students;
            ``(2) requires that any such testing be conducted 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 American Pathologists, for forensic 
        drug testing;
            ``(4) requires a review of each positive test result by a 
        medical review officer;
            ``(5) prohibits any disclosure to law enforcement officials 
        of the results of the random drug testing;
            ``(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 destruction of all 
        records relating to the result if the medical review officer 
        does not confirm the result;
            ``(8) requires the destruction of all records relating 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 illegal 
                drugs in school; and
                    ``(C) sets forth the consequences of violating the 
                prohibitions described in subparagraphs (A) and (B);
            ``(12) provides drug and alcohol abuse prevention training 
        for a total of not less than 2 hours for each student and staff 
        member of the local educational agency or private school 
        involved;
            ``(13) provides student access to a student assistance 
        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 appropriate, 
        practices and procedures to ensure the confidentiality of 
        student drug test results and of any participation by a student 
        in a treatment or rehabilitation program;
            ``(2) prohibit the mandatory disclosure of medical 
        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 
established pursuant to this section.
    ``(e) Applications.--To seek a grant under this section, a local 
educational agency or private school shall submit 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 person 
                        having a financial interest in, the laboratory 
                        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 Education shall submit to the 
Congress a report on the results of the drug-free school demonstration 
programs established 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 contents at section 2 of 
the Elementary and Secondary Education Act of 1965 is amended--
            (1) by redesignating the item relating to subpart 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 section 4141 
        the following:

          ``subpart 4--drug-free school demonstration programs
``4145. Drug-free school demonstration programs.''.
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