HR 1642 IH

To require local educational agencies to develop and implement a random drug testing and counseling program for students in grades 9 through 12.

April 29, 1999

Mr. ROGAN introduced the following bill; which was referred to the Committee on Education and the Workforce

To require local educational agencies to develop and implement a random drug testing and counseling program for students in grades 9 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 `Parental Consent Drug Testing and Counseling Act'.

SEC. 2. GRANT AUTHORIZATION.

(a) STATE GRANTS- The Secretary is authorized to provide grants to State educational agencies to provide subgrants that enable each local educational agency in the State to develop and implement a random drug testing and counseling program authorized by parents for students in grades 9 through 12 that shall be conducted on school premises.

(b) STATE APPLICATION- Any State educational agency that wishes 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.

(c) LOCAL SUBGRANTS-

(1) IN GENERAL- 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.

(2) LOCAL APPLICATION- Each Local educational agency that wishes to receive a subgrant under this part for any fiscal year shall submit an application to the State educational agency at such time and in such manner as the State educational agency may require.

SEC. 3. ALLOCATION.

(a) IN GENERAL-

(1) STATE ALLOCATION- The Secretary shall allocate the amount available to carry out this Act and not reserved under subsection (b)(1) to each of the States as follows:

(A) Fifty percent shall be allocated among such States on the basis of their relative populations of students in grades 9 through 12, as determined by the Secretary on the basis of the most recent satisfactory data.

(B) Fifty percent shall be allocated among such States in accordance with the relative amounts such States received under part A of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year.

(2) LOCAL ALLOCATION- The State shall allocate the remaining amount available to carry out this Act and not reserved under subsection (b) to each of the local educational agencies in such State as follows:

(A) 50 percent shall be allocated among such local educational agencies on the basis of their relative populations of students in grades 9 through 12, as determined by the Secretary on the basis of the most recent satisfactory data.

(B) 50 percent shall be allocated among such local educational agencies in accordance with the relative amounts such jurisdictions received under part A of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year.

(3) REALLOCATION- If any State does not apply for an allotment under paragraph (1) or a local educational agency does not apply for an allotment under paragraph (2) for any fiscal year, the Secretary or the State, as appropriate, shall reallocate such amount to the remaining jurisdictions in accordance with paragraph (1) or (2), as appropriate.

(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 4 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 and counseling program; and

(3) before implementation, any drug testing and counseling 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- A local educational agency that receives a grant under this Act shall utilize such funds to provide, either directly or through contract with outside sources, the following:

(1) 50 percent of funds allocated under section 3 shall be used to perform drug testing for each student in grades 9 through 12 for which the agency has received parental permission, not less than once each year. Such testing shall, at a minimum, include a drug screening for marijuana, amphetamines, phencyclidine (PCP), opiates, and cocaine.

(2) 50 percent of funds allocated under section 3 shall be used to provide counseling services to any high school student who receives a positive test result with such services continuing during the school year until a parent withdraws permission for such counseling.

(c) TESTING REQUIREMENTS- A local educational agency that receives a grant under this Act shall implement policies regarding drug testing as follows:

(1) In the case of any student who receives a positive drug test result for the first time during that school year, an additional drug test shall be administered.

(2) In the case of any student who receives a second positive drug test result, additional drug tests will be provided every 4 to 6 weeks until the parents of the student withdraw permission for drug testing.

SEC. 5. GENERAL REQUIREMENTS.

(a) REPORTING OF TEST RESULTS- Each local educational agency that receives funds under this Act shall inform parents in detail regarding the random testing program and the counseling program to ensure that--

(1) at the beginning of each school year parents are notified of the option to enroll their child in the random drug testing program and informed of the counseling program and services offered through the program; and

(2) parents are notified, on a timely basis, regarding--

(A) the positive results of any drug test of their child who participates in the program; and

(B) the refusal of their child to take a drug test or participate in the counseling program, if applicable.

(b) CONFIDENTIALITY- The local educational agency shall develop and enforce standards designed to protect the confidentiality of all student test results with the results of such tests released only to the parents of a student. No other public or private entity may receive or have access to drug testing results. No law enforcement agency shall have access to drug testing results. States shall develop policies dealing with violations of confidentiality.

SEC. 6. DEFINITIONS.

For purposes of this Act--

(1) the term `parent' includes a legal guardian or other person standing in loco parentis;

(2) the term `Secretary' means the Secretary of Education; and

(3) 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 $1,000,000,000 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 AND COUNSELING.

`Any local educational agency that receives funds under this Act shall implement a drug testing and counseling 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 and counseling 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.

END