[Federal Register Volume 70, Number 76 (Thursday, April 21, 2005)]
[Notices]
[Pages 20739-20742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8039]


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DEPARTMENT OF EDUCATION


Office of Safe and Drug-Free Schools--Grants for School-Based 
Student Drug-Testing Programs

AGENCY: Office of Safe and Drug-Free Schools, Department of Education.

ACTION: Notice of proposed eligibility and application requirements, 
priorities, and selection criteria.

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SUMMARY: The Assistant Deputy Secretary for Safe and Drug-Free Schools 
proposes eligibility and application requirements, priorities, and 
selection criteria under Safe and Drug-Free Schools and Communities 
National Programs for the School-Based Student Drug-Testing Programs. 
The Assistant Deputy Secretary may use these requirements, priorities, 
and selection criteria for competitions in fiscal year 2005 and later 
years. We take this action to focus Federal financial assistance on an 
identified national need. We intend for these priorities to increase 
the use of drug testing as a means to deter student drug use.

DATES: We must receive your comments on or before May 23, 2005.

ADDRESSES: Address all comments about these requirements, priorities, 
and selection criteria to Robyn L. Disselkoen or Sigrid Melus, U.S. 
Department of Education, 400 Maryland Avenue, SW., Washington, DC 
20202-6450. If you prefer to send your comments through the Internet, 
use the following address: [email protected].
    You must include the term ``Comments on FY 2005 Student Drug-

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Testing Notice'' in the subject line of your electronic message.

FOR FURTHER INFORMATION CONTACT: Robyn Disselkoen or Sigrid Melus at 
(202) 260-3954.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION:

Invitation To Comment

    We invite you to submit comments regarding these proposed 
requirements, priorities, and selection criteria.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866 and its overall requirement of 
reducing regulatory burden that might result from these proposed 
requirements, priorities, and selection criteria. Please let us know of 
any further opportunities we should take to reduce potential costs or 
increase potential benefits while preserving the effective and 
efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about these proposed requirements, priorities, and selection 
criteria in room 3E253, 400 Maryland Avenue, SW., Washington DC, 
between the hours of 8:30 a.m. and 4 p.m., Washington, DC time, Monday 
through Friday of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking 
Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for these proposed requirements, priorities, and 
selection criteria. If you want to schedule an appointment for this 
type of aid, please contact one of the persons listed under FOR FURTHER 
INFORMATION CONTACT.

Background

    Although drug use among America's youth has declined in recent 
years, far too many young people continue to use these harmful 
substances. Results of the 2004 Monitoring the Future survey, for 
example, show that the proportions of 8th-, 10th-, and 12th-grade 
students indicating any use of an illicit drug in the 12 months prior 
to the survey were 15 percent, 31 percent and 39 percent, respectively.
    The consequences of drug use by this vulnerable population are 
clear. According to the Substance Abuse and Mental Health Services 
Administration (SAMHSA), Department of Health and Human Services, 
students using illegal drugs are more likely to have negative attitudes 
about school and to have engaged in the following delinquent behaviors 
during the past year: Gotten into a serious fight at school or work, 
attacked someone with the intent to inflict serious injury, carried a 
handgun, sold illegal drugs, or had stolen or tried to steal something 
worth $50 or more. (2003 National Survey on Drug Use and Health) In 
addition, an analysis of data from the National Household Survey on 
Drug Abuse over a three year period from 1994-96 found that frequent 
marijuana users were more likely than less frequent users to report 
delinquent behaviors such as running away from home, stealing, and 
cutting classes or skipping school. Clearly, drug abuse both interferes 
with a student's ability to learn and disrupts the orderly environment 
necessary for academic achievement.
    Steroid abuse is also a problem for young people. The 2004 
Monitoring the Future Study shows that 1.9 percent of eighth graders, 
2.4 percent of tenth graders, and 3.4 percent of twelfth graders 
reported using steroids at least once in their lifetime. The Youth Risk 
Behavior Surveillance System (YRBSS) sponsored by the Centers for 
Disease Control and Prevention (CDC) reported that 6.1% of all high 
school students surveyed by CDC in 2003 reported lifetime use of 
steroid pills/shots without a doctor's prescription. This figure 
includes 7.1 percent of ninth graders, 6.1 percent of tenth graders, 
5.6 percent of eleventh graders, and 4.9 percent of twelfth graders. 
According to research carried out by the National Institute on Drug 
Abuse, the consequences for teens of both sexes who use steroids can 
include severe acne; hormone imbalances; stunted growth; heart attacks; 
liver cancer (National Institute on Drug Abuse. NIDA Research Report--
Steroid Abuse and Addiction Printed 1991. Reprinted 1994, 1996. Revised 
April, 2000); and extreme mood changes. (National Institute on Drug 
Abuse. Mind Over Matter: The Brain's Response to Steroids. Printed 
1997. Reprinted 1998, 2000)
    President Bush, in his January 20, 2004, State of the Union 
Address, noted: ``One of the worst decisions our children can make is 
to gamble their lives and futures on drugs.'' He proposed to ``continue 
our aggressive, community-based strategy to reduce demand for illegal 
drugs'' and stated: ``Drug testing in our schools has proven to be an 
effective part of this effort.''
    Further, the Office of National Drug Control Policy (ONDCP), in its 
2004 National Drug Control Strategy Update, states that student drug 
testing programs ``advance the Strategy's goal of intervening early in 
the young person's drug career, using research-based prevention 
approaches to guide users into counseling or drug treatment, and 
deterring others from starting in the first place.'' ONDCP describes 
student drug testing as a ``remarkable grassroots tool that the Federal 
Government is moving aggressively to support with research funding as 
well as support for program design and implementation.''
    The Department of Education, through these proposed requirements, 
priorities, and selection criteria, is encouraging schools and 
communities to consider the use of mandatory random and voluntary 
student drug-testing programs as a tool to support other drug-
prevention efforts.

Discussion of Requirements, Priorities, and Selection Criteria

    We will announce the final requirements, priorities, and selection 
criteria in a notice in the Federal Register. We will determine the 
final requirements, priorities, and selection criteria after 
considering responses to this notice and other information available to 
the Department. This notice does not preclude us from proposing or 
using additional requirements, priorities, and selection criteria 
subject to meeting applicable rulemaking requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use one or more of these proposed priorities, we 
invite applications through a notice in the Federal Register. When 
inviting applications, we designate the priorities as absolute, 
competitive preference, or invitational. The effect of each type of 
priority follows:

    Absolute priority: Under an absolute priority we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority we give competitive preference to an application by either (1) 
awarding additional points, depending on how well or the extent to 
which the application meets the competitive priority (34 CFR 
75.105(c)(2)(i)); or (2) selecting an application that meets the 
competitive priority over an application

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of comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority we are 
particularly interested in applications that meet the invitational 
priority. However, we do not give an application that meets the 
invitational priority a competitive or absolute preference over other 
applications (34 CFR 75.105(c)(1)).

Proposed Eligibility Requirements

    We propose to limit eligibility for grants to local educational 
agencies (LEAs) and public and private entities.

Proposed Priorities

Proposed Priority 1: Mandatory Random and Voluntary Student 
Drug-Testing Programs

    Under this proposed priority, we would provide Federal financial 
assistance to eligible applicants to develop and implement, or expand, 
school-based mandatory random or voluntary drug-testing programs for 
students in one or more grades 6 through 12. We propose that any drug-
testing program conducted with funds awarded under this priority be 
limited to one or more of the following:
    (1) Students who participate in the school's athletic program;
    (2) students who are engaged in competitive, extracurricular, 
school-sponsored activities; and
    (3) a voluntary drug-testing program for students who, along with 
their parent or guardian, have provided written consent to participate 
in a random drug-testing program.
    Applicants who propose voluntary drug testing for students who, 
along with their parent or guardian, provide written consent, must not 
prohibit students who do not consent from participating in school or 
extracurricular activities.

Proposed Priority 2: National Evaluation of Mandatory Random 
Student Drug-Testing Programs

    Under this proposed priority, we would provide Federal financial 
assistance to eligible applicants to develop and implement school-based 
mandatory random drug-testing programs for students in one or more 
grades 6 through 12. We propose that any drug-testing program conducted 
with funds awarded under this priority be limited to one or more of the 
following:
    (1) All students who participate in the school's athletic program; 
and
    (2) All students who are engaged in competitive, extracurricular, 
school-sponsored activities.
    Applicants for Priority 2 must propose drug testing in two 
or more schools that do not have an existing drug-testing program in 
operation. Each school must include, at a minimum, three or more grades 
from 9 through 12.
    In addition, applicants for Priority 2 must:
    (1) Not have a voluntary testing component proposed as part of 
their program;
    (2) provide an assurance that the non-drug-testing schools will not 
implement any drug-testing program for the duration of the national 
evaluation; and
    (3) agree to participate in all data collection activities that the 
national evaluation will conduct in all the schools.
    At the time of the grant award, the Department of Education's 
evaluator will randomly assign the schools either to receive the 
intervention (mandatory random drug testing) or not receive the 
intervention (no mandatory random drug testing). The evaluator will 
collect outcome data for both drug testing and non-drug testing 
schools.

Proposed Application Requirements:

    We propose the following requirements for applications submitted 
under this program:
    (1) Applicants may not submit more than one application for a 
competition conducted under this program.
    (2) Applicants may not have been the recipient or beneficiary of a 
prior grant in 2003 under the Department of Education Demonstration 
Grants for Student Drug-Testing competition.
    (3) Non-LEA applicants must submit a letter of agreement to 
participate from an LEA. The letter must be signed by the applicant and 
an authorized representative of the LEA. Letters of support are not 
acceptable as evidence of the required agreement.
    (4) Funds may not be used for the following purposes:
    (a) Student drug tests administered under suspicion of drug use;
    (b) incentives for students to participate in programs;
    (c) drug treatment; or
    (d) drug prevention curricula or other prevention programs.
    (5) Applicants must:
    (a) Identify a target population and demonstrate a significant need 
for drug testing within the target population;
    (b) explain how the proposed drug-testing program will be part of 
an existing, comprehensive drug prevention program in the schools to be 
served;
    (c) provide a comprehensive plan for referring students who are 
identified as drug users through the testing program to a student 
assistance program, counseling, or drug treatment if necessary;
    (d) provide a plan to ensure the confidentiality of drug testing 
results, including a provision that prohibits the party conducting drug 
tests from disclosing to school officials any information about a 
student's use of legal medications;
    (e) limit the cost of site-based evaluations to no more than 10 
percent of total funds requested;
    (f) provide written assurances of the following:
    (i) That results of student drug tests will not be disclosed to law 
enforcement officials;
    (ii) that results of student drug tests will be destroyed when the 
student graduates or otherwise leaves the LEA or private school 
involved;
    (iii) that all positive drug tests will be reviewed by a certified 
medical review officer; and
    (iv) that legal counsel has reviewed the proposed program and 
advised that the program activities do not appear to violate 
established constitutional principles or State and Federal requirements 
related to implementing a student drug-testing program.
    Proposed Selection Criteria: The Secretary proposes to select from 
the following those criteria and factors that will be used to evaluate 
applications under any competition conducted under this program.

    Note: The maximum score for all of these criteria will be 100 
points. We will inform applicants of the points or weights assigned 
to each criterion for any future competition in a notice published 
in the Federal Register or in the application package for the 
competition.

    (1) Need for Project.
    (a) The documented magnitude of student drug use in schools to be 
served by the drug-testing program, including the nature, type, and 
frequency, if known, of drugs being used by students in the target 
population; and,
    (b) Other evidence of student drug use, such as reports from 
parents, students, school staff, or law enforcement officials.
    (2) Significance.
    (a) The extent to which the proposed project includes a thorough, 
high-quality review of Federal and State laws and relevant Supreme 
Court decisions related to the proposed student drug-testing program;
    (b) The extent to which the applicant demonstrates school and 
community support for the student drug-testing program and has included 
a diversity of perspectives such as those of parents, counselors, 
teachers, and school board

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members, in the development of the drug-testing program; and
    (c) The importance or magnitude of the results or outcomes likely 
to be attained by the student drug-testing program.
    (3) Quality of Project Design.
    (a) The extent to which the project will be based on up-to-date 
knowledge from research and effective practice, including the 
methodology for the random selection of students to be tested and 
procedures outlining the collection, screening, confirmation, and 
review of student drug tests by a certified medical review officer;
    (b) The extent to which the applicant identifies the drugs for 
which it plans to test and includes a rationale for the type of testing 
device it plans to use for each drug test;
    (c) The quality of the applicant's plan to develop and implement a 
drug-testing program that includes--
    (i) Detailed procedures for responding to a positive drug test, 
including parental notification and referral to student assistance 
programs, drug education, or formal drug treatment, if necessary; and
    (ii) Clear consequences for a positive drug test.
    (4) Management Plan.
    (a) The extent to which the applicant describes appropriate chain-
of-custody procedures for test samples and demonstrates a commitment to 
use labs certified by the Substance Abuse and Mental Health Services 
Administration (SAMHSA) to process student drug tests.
    (b) The quality of the applicant's plan to ensure confidentiality 
of drug test results, including limiting the number of school officials 
who will have access to student drug-testing records.
    (5) Quality of Project Evaluation.
    (a) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project.
    (b) The quality of the applicant's plan to collect data on the 
Government Performance and Results Act (GPRA) performance measure 
established by the Department for this program and to report these data 
to the Department.

    Note: The Department has established the following GPRA 
performance measure for the School-Based Student Drug Testing 
program: the reduction of the incidence of drug use in the past 
month and past year. The Secretary has set an overall performance 
target that calls for the prevalence of drug use by students in the 
target population to decline by five percent annually.

Executive Order 12866

    This notice of proposed requirements, priorities, and selection 
criteria has been reviewed in accordance with Executive Order 12866. 
Under the terms of the order, we have assessed the potential costs and 
benefits of this regulatory action.
    The potential costs associated with the notice of proposed 
requirements, priorities, and selection criteria are those we have 
determined as necessary for administering this program effectively and 
efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of this notice of proposed requirements, priorities, 
and selection criteria, we have determined that the benefits of the 
proposed requirements, priorities, and selection criteria justify the 
costs.
    We have also determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    Summary of potential costs and benefits: The potential cost 
associated with these proposed requirements, priorities, and selection 
criteria is minimal while the benefits are significant. Grantees may 
anticipate costs related to completing the application process in terms 
of staff time, copying, and mailing or delivery.
    The primary benefit of these proposed requirements, priorities, and 
selection criteria is that grantees may reduce student drug use by 
supporting school-based student drug-testing programs.

Intergovernmental Review

    This program is subject to Executive Order 12372 and the 
regulations in 34 CFR part 79. One of the objectives of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism. The Executive order relies on processes developed by State 
and local governments for coordination and review of proposed Federal 
financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.

Electronic Access to This Document

    You may view this document, as well as all other documents of this 
Department published in the Federal Register, in text or Adobe Portable 
Document Format (PDF) on the Internet at the following site: http://www.ed.gov/news/fedregister.
    To use PDF, you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO) toll free at 1-888-293-6498; or in the 
Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.


(Catalog of Federal Domestic Assistance Number 84.184D Office of 
Safe and Drug-Free Schools National Programs--Grants for School-
Based Student Drug-Testing Programs)

    Program Authority: 20 U.S.C. 7131.

    Dated: April 18, 2005.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. 05-8039 Filed 4-20-05; 8:45 am]
BILLING CODE 4000-01-P