[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)]
[Rules and Regulations]
[Pages 66225-66226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31874]


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DEPARTMENT OF EDUCATION

34 CFR Part 86

RIN 1810-AA83


Drug and Alcohol Abuse Prevention

AGENCY: Department of Education.

ACTION: Final regulations.

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SUMMARY: The Secretary amends the regulations on Drug-Free Schools and 
Campuses to incorporate changes made by the Improving America's Schools 
Act of 1994. As a result of that legislation, these regulations no 
longer apply to State educational agencies (SEAs) and local educational 
agencies (LEAs). The Secretary amends the regulations to conform them 
to these revised statutory provisions.

EFFECTIVE DATE: These regulations take effect January 16, 1997.

FOR FURTHER INFORMATION CONTACT: William Wooten, U.S. Department of 
Education, Office of Elementary and Secondary Education, Room 4000, 
Portals Bldg., 600 Independence Avenue, SW, Washington, DC 20202-6123. 
Telephone: (202) 260-1922. Individuals who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 1-800-877-8330 between 8 a.m. and 8 p.m., Eastern 
time, Monday through Friday.

SUPPLEMENTARY INFORMATION: Provisions in 20 U.S.C. 3224a relating to 
certification of drug and alcohol abuse prevention programs by State 
and local educational agencies were eliminated by amendments to the 
Elementary and Secondary Education Act of 1965 contained in the 
Improving America's Schools Act of 1994, Pub. L. 103-382, enacted 
October 20, 1994. As a result of this statutory amendment, which became 
effective July 1, 1995, State and local educational agencies are no 
longer subject to the certification requirements contained in 34 CFR 
part 86.
    The regulations in part 86 implemented the Drug-Free Schools and 
Communities Act requirement for a one-time certification by all SEAs 
and LEAs that they had adopted and implemented drug prevention policies 
and programs for their students and employees. Virtually all SEAs and 
LEAs had submitted the required certification by the time the statute 
was reauthorized, and the certification requirement was no longer 
needed. Furthermore, by the time the statute was reauthorized as the 
Safe and Drug-Free Schools and Communities Act, LEAs were developing 
comprehensive, community-wide prevention strategies in addition to 
school-based programs, and were beginning to integrate drug prevention 
with activities designed to prevent other significant problems such as 
youth violence. Consequently, the Safe and Drug-Free Schools and 
Communities Act has eliminated the one-time certification requirement 
and replaced it with the requirement that LEAs adopt and carry out 
comprehensive drug and violence prevention programs designed for all 
students and employees. In keeping with this legislative change, the 
regulations in part 86 pertaining to SEAs and LEAs are no longer 
necessary and are being eliminated.
    The regulations are amended in accordance with the President's 
Regulatory Reinvention Initiative in order to reflect removal of the 
statutory requirement and relieve a burden imposed on State and local 
educational agencies. Part 86 is still applicable to institutions of 
higher education.

Waiver of Proposed Rulemaking

    In accordance with the Administrative Procedure Act (5 U.S.C. 553), 
it is the practice of the Secretary to offer interested parties the 
opportunity to comment on proposed regulations. However, these 
regulations merely reflect statutory changes and do not establish 
substantive policy. Therefore, the Secretary has determined, pursuant 
to 5 U.S.C. 553(b)(B), that public comment is unnecessary and contrary 
to the public interest.

Paperwork Reduction Act of 1980

    These regulations have been examined under the Paperwork Reduction 
Act of 1980 and have been found to contain no information collection 
requirements.

Assessment of Educational Impact

    Based on its own review, the Department has determined that the 
regulations in this document do not require transmission of information 
that is being gathered by or is available from any other agency or 
authority of the United States.

List of Subjects in 34 CFR Part 86

    Drug abuse, Elementary and secondary education, Grant programs--
education, Postsecondary education.

    Dated: December 10, 1996.
Richard W. Riley,
Secretary of Education.

(Catalog of Federal Domestic Assistance numbers do not apply)

    The Secretary amends Title 34 of the Code of Federal Regulations by 
amending part 86 as follows:

    Authority: 20 U.S.C. 1145g, unless otherwise noted.

PART 86--DRUG AND ALCOHOL ABUSE PREVENTION

    1. The authority citation for part 86 is revised to read as 
follows:
    2. The heading of part 86 is revised to read as set forth above.
    3. Part 86 is amended by removing ``, SEA, or LEA'' in the 
following places:
    (a) Sec. 86.2(a) and (b);
    (b) Sec. 86.3 heading, (a), and (b);
    (c) Sec. 86.5 heading, (a), and (b);
    (d) Sec. 86.301 heading, (a) introductory text (twice), (a)(2), (b) 
introductory text (twice), (b)(1), and (b)(2)(i)(B);
    (e) Sec. 86.302(a) and (b);
    (f) Sec. 86.303(a) introductory text, (b) (twice), (c), (d), and 
(e) (twice);
    (g) Sec. 86.304(a) introductory text, (a)(1), (a)(2)(i), (a)(3) 
introductory text (twice), (a)(3)(ii), (b) introductory text, (b)(1), 
and (b)(2) introductory text;
    (h) Sec. 86.400(a);
    (i) Sec. 86.401(d)(1) and (2);
    (j) Sec. 86.402(a);
    (k) Sec. 86.407(a) and (d);
    (l) Sec. 86.408(a)(1)(ii);
    (m) Sec. 86.409(c) introductory text and (e)(2);
    (n) Sec. 86.410(a)(1) introductory text and (d); and
    (o) Sec. 86.411(a)(1), (a)(2), and (b).
    4. Part 86 is amended by removing ``, SEA's, or LEA's `` in the 
following places:
    (a) Sec. 86.301(b)(2)(i)(A); and
    (b) Sec. 86.304 heading, (a) introductory text, and (a)(3)(ii).
    5. Section 86.1 is revised to read as follows:


Sec. 86.1  What is the purpose of the Drug and Alcohol Abuse Prevention 
regulations?

    The purpose of the Drug and Alcohol Abuse Prevention regulations is 
to implement section 22 of the Drug-Free Schools and Communities Act 
Amendments of 1989, which added section 1213 to the Higher Education 
Act. These amendments require that, as a condition of receiving funds 
or any other form of financial assistance under any Federal program, an 
institution of higher education (IHE) must certify that it has adopted 
and implemented a drug prevention program as described in this part.


[[Page 66226]]


(Authority: 20 U.S.C. 1145g)

    6. In Sec. 86.3 paragraphs (a) and (b) are amended by removing 
``for IHEs and Secs. 86.200 and 86.201 for SEAs and LEAs''.
    7. Section 86.4 is amended by removing ``(a) IHE drug prevention 
program certification.'' in paragraph (a) and by removing paragraphs 
(b) and (c).
    8. Section 86.6 is amended by revising the heading; removing ``, 
SEA, or LEA'' both times it appears in paragraph (a), both times it 
appears in paragraph (b)(1), and in paragraph (b)(2); and revising 
paragraph (b)(3) to read as follows:


Sec. 86.6  When must an IHE submit a drug prevention program 
certification?

* * * * *
    (b) * * *
    (3) An IHE shall submit a request for an extension to the 
Secretary.


Sec. 86.7  [Amended]

    9. Section 86.7 is amended by removing paragraph (a); redesignating 
paragraphs (b) and (c) as paragraphs (a) and (b), respectively; by 
removing ``Local educational agency'' and ``State educational agency'' 
from the list of terms in redesignated paragraph (a); and by removing 
``, SEA, or LEA'' both times it appears in the definition of 
``Compliance agreement'' in redesignated paragraph (b).

Subpart C--[Removed and Reserved]

    10. Subpart C is removed and reserved.

Subpart D--[Amended]

    11. The heading of Subpart D is amended by removing ``, SEA, or 
LEA''.


Sec. 86.300  [Amended]

    12. Section 86.300 is amended by removing ``, SEA, or LEA'' in the 
heading, the undesignated introductory text, and paragraph (b) 
introductory text; and by removing ``or by an SEA or LEA under 
Secs. 86.200(c) and 86.201(a)'' in paragraph (b)(2).
    13. The authority citation following each section of the 
regulations is revised to read as follows:

(Authority: 20 U.S.C. 1145g)
[FR Doc. 96-31874 Filed 12-16-96; 8:45 am]
BILLING CODE 4000-01-P