STUDENT DRUG TESTING SUPPORTED

BY 2002 EDUCATION BILL

On January 8, 2002, President Bush signed into law the 670-page Education Bill (H.R.1) also known as the "No Child Left Behind Act of 2001". Title IV of the Act provides direct support for programs that prevent illegal drug use in and around schools. Title IV also contains student drug-testing provisions and authorizes use of sub-grant funds for educational agency activities that may include student drug-testing programs.

Highlights of Title IV: (aka: Safe and Drug-Free Schools & Communities Act)

• Purpose: to support programs that prevent violence in and around schools; prevent the illegal use of alcohol, tobacco, and drugs . . . to foster a safe and drug-free learning environment. Provides for Federal assistance to States, as well as assistance to public & private entities.

• FY 2002 authorized appropriation: $650,000,000 and sums for each of 5 succeeding fiscal years for State grants and national programs. States must submit comprehensive plans as detailed in Sec. 4113. States must also allocate (by prescribed formula) funds to local educational agencies per Sec. 4114.

• Specific amounts reserved for Indian youth, U.S. territories & possessions, Native Hawaiians.

• Sec. 4112 provides for percentage of State's funds to be reserved for a State's governor to award grants/contracts to educational agencies, community organizations (including anti-drug coalitions) giving priority to the prevention of illegal drug use and violence for those not normally served by State educational agencies (i.e. youth in juvenile detention, dropouts, homeless children, etc.)

• Activities authorized under Sec. 4115: Drug and violence prevention activities for elementary and secondary schools that include: teaching dangers of emerging drugs; reinforce prevention activities; promote individual responsibility; teach skills for resisting illegal drug use; disseminate drug & violence prevention information to schools & communities; training of school personnel, parents, et al.; acquiring/installing metal detectors, other equipment for security; safe-zone activities; hiring & training of school security personnel; school mental-health services; alternative education programs/services for violent or drug abusing students that reduce need for suspension/expulsion; testing of students for illegal drug use and also allowing for parental request and consent of such testing; conducting nationwide background checks on educational employees, regardless of when hired; and many more activities.
  
  

  The full text of H.R. 1 may be found at www.thomas.loc.gov