Please provide comments by 1:00 p.m. Wednesday, April 21, 1999. This
deadline is firm due to the need to resolve all issues on the ESEA.
This redraft includes 2 major changes: (1) new language on physical
education requirements, and (2) change in the Gun-Free Schools Act
(alternative placements) . Changes are in boldfaced type. This deadline
is firm, due to the need to resolve all issues on this bill this week.
The draft bill language will shortly be placed on the following website as
revised language:
http://tabula.ost.dot.gov/ed
Use the following identifying information to access the material:
username : lrm
password: text
---------------------- Forwarded by Constance J. Bowers/OMB/EOP on
04/20/99 02:16 PM ---------------------------
LRM ID: CJB59
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Tuesday, April 20, 1999
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer - See Distribution
below
FROM: Janet R. Forsgren (for) Assistant Director for
Legislative Reference
OMB CONTACT: Constance J. Bowers
PHONE: (202) 395 -3 803 FAX: (202) 395 -614 8
SUBJECT: Further REVISED EDUCATION Draft Bill on Safe and
Drug-Free Schools and Communities Act (Title IV of the Elementary and
Secondary Education Act of 1965 (ESEA) Reauthorization)
DEADLINE: 1:00 p.m. Wednesday, April 21, 1999
In accordance with OMB Circular A-19, OMB requests the views of your
agency on the above subject before advising on its relationship to the
program of the President. Please advise us if this item will affect
direct spending or receipts for purposes of the "Pay-As-You-Go" provisions
of Title XIII of the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: This redraft includes 2 major changes: (1) new language on
physical education requirements, and (2) change in the Gun-Free Schools
Act (alternative placements) . Changes are in boldfaced type. This
deadline is firm, due to the need to resolve all issues on this bill this
week.
The draft bill language will shortly be placed on the following website as
revised language:
http://tabula.ost.dot.gov/ed
Use the following identifying information to access the material:
username: lrm
password: text
DISTRIBUTION LIST
AGENCIES:
52-HEALTH & HUMAN SERVICES - Sondra S. Wallace - (202) 690-7760
61-JUSTICE - Jon P. Jennings - (202) 514-2141
89-0ffice of National Drug Control Policy - John Carnevale - (202) 395-6736
39-Federal Emergency Management Agency - Ernest B. Abbott - (202) 646-4105
EOP:
Barbara Chow
Barry White
Wayne Upshaw
Wei-Min C. Wang
Mary I. Cassell
Iratha H. Waters
Bruce N. Reed
Elena Kagan
Jonathan H. Schnur
Tanya E. Martin
Bethany Little
Lynn G. Cutler
Broderick Johnson
Jeffrey L. Farrow
Peter Rundlet
Robert G. Damus
Rosalyn J. Rettman
Daniel J. Chenok
Daniel I. Werfel
David J. Haun
James Boden
Janet R. Forsgren
James J. Jukes
LRM ID: CJB59 SUBJECT: Further REVISED EDUCATION Draft Bill on
Safe and Drug-Free Schools and Communities Act (Title IV of the Elementary
and Secondary Education Act of 1965 (ESEA) Reauthorization)
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no
comment), we prefer that you respond bye-mail or by faxing us this
response sheet. If the response is short and you prefer to call, please
call the branch-wide line shown below (NOT the analyst's line) to leave a
message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be
connected to voice mail if the analyst does not answer); or
(2) sending us a memo or letter
Please include the LRM number shown above, and the subject shown below.
TO: Constance J. Bowers Phone: 395-3803 Fax: 395-6148
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant) :
395-7362
FROM: (Date)
(Name)
(Agency)
(Telephone)
The following is the response of our agency to your request for views on
the above-captioned subject:
Concur
No Objection
_______ No Comment
See proposed edits on pages
Other:
FAX RETURN of _____ pages, attached to this response sheet
- SDFSCA2.doc
- SDFSCA-sbs2.doc
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DRAFT-4/20/99
2
3 "TITLE IV - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT"
4
5 SEC. 401. Title IY of the Elementary and Secondary
6
7 Education Act of 1965 is amended to read as follows:
8
9 "TITLE IV - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
10
11 "SHORT TITLE
12
13 "SEC. 4001. SHORT TITLE. This title may be cited as
14
15 the 'Safe and Drug-Free Schools and Communities Act.'
16
17 "FINDINGS
18
19 "Sec. 4002. FINDINGS. The Congress finds that:
20 "(1) Safe and Drug-Free Schools and Communities
21 Programs support achievement of Goal One of the National
22 Drug Control Strategy - to educate and enable America's
23 youth to reject illegal drugs, as well as alcohol and
24 tobacco - and Goal Seven of America's Education Goals -
25 that every school in the United States will be free of
26 drugs, violence, and the unauthorized presence of firearms
27 and alcohol.
28 "(2) It is essential for schools to provide a
29
30 drug-free, safe, and orderly learning environment for all
31
32 students, if all students are to live healthy lives and
33
34 achieve to high academic standards.
35
36 "(3) Student drug use and school violence are
37
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serious educational and public health concerns.
2
3
4 " (4) Safe and Drug-Free Schools and Communities
5
6 programs are most likely to be effective when they are
7
8 based on a thorough assessment of objective data about the
9
10 drug and violence problems in schools and communities, are
11
12 designed to meet measurable goals and objectives, are based
13
14 on sound research or evaluation findings, and are evaluated
15
16 regularly and held accountable for results.
17
18 " (5) Safe and Drug-Free Schools and Communities
19
20 program resources should be targeted at the local level to
21
22 projects in areas that demonstrate need for the funds, have
23
24 developed the best strategic plans for using the funds, and
25
26 are committed to being accountable for results.
27
28 "(6) A significant number of students are
29
30 suspended or expelled from school each year or are truant
31
32 and receive no educational services while they are out of
33
34 school.
35
36
37 "(7) Lifelong physical activity contributes to
38 students' well-being, and, consistent with the second of
39 America's Education Goals, it is appropriate for the
40 Federal government to help strengthen State and local
41 efforts in this area.
42
2
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"PURPOSE
2 "Sec. 4003. DECLARATION OF PURPOSE. The purpose of
3 this title is to support programs for creating and
4 maintaining drug-free, safe, and orderly environments for
5 learning in and around schools, by awarding Federal
6 financial assistance to-
7 " (1) State educational agencies for competitive
8 awards to local educational agencies with a demonstrated
9 need for services and the highest quality proposed
10 programming;
11 "(2) Governors for competitive awards to local
12 educational agencies, as well as community-based
13 organizations and other public entities and nonprofit
14 organizations, for programs that complement and support
15 local educational agency programs;
16 " (3 ) State educational agencies and Governors
17 for capacity-building, and technical assistance and
18 accountability services and activities to improve the
19 ~ffectiveness of, and institutionalize, State and local
20 Safe and Drug-Free Schools and Communities programs; and
21 " (4) Public and private organizations, and
22 individuals, for training programs, demonstrations,
23 evaluations, research projects, direct services, and
24 technical assistance to schools and school systems,
3
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developing and disseminating materials and information,
2 drug and violence prevention programs at the postsecondary
3 level, and other activities related to the purposes of this
4 title.
5
6 "AUTHORIZATION OF APPROPRIATIONS
7 "SEC. 4004. AUTHORIZATION. There are authorized to
8 be appropriated-
9 "(1) such sums as may be necessary for fiscal
10 year 200'1 and each of the four succeeding fiscal years to
11 carry out Part Ai
12 "(2) such sums as may be necessary for fiscal
13 year 2001 and each of the four succeeding fiscal years to
14 carry out Part Bi and
15 "(3) such sums as may be necessary for fiscal
16 year 2001 and each of the four succeeding fiscal years to
17 carry out Part C.
18
19 "PART A - STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION
20 PROGRAMS
21 "RESERVATIONS AND ALLOTMENTS
22 "Sec. 4111 (a) RESERVATIONS.-(l) From the amount
23 made available under section 4004(1) to carry out this Part
24 for each fiscal year, the Secretary-
4
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"(A) shall reserve 1 percent of such amount
2 for grants under this Part to Guam, America Samoa, the
3 Virgin Islands, and the Commonwealth of the Northern
4 Mariana Islands, to be allotted in accordance with the
5 Secretary's determination of their respective needs;
6 " (B) shall reserve 1 percent of such amount
7 for the Secretary of the Interior to carry out programs for
8 Indian youth;
9 " (C) shall reserve 0.2 percent of such
10 amount for programs for Native Hawaiians; and
11 "(D) may reserve not more than $2,000,000
12 for evaluation activities required by section 4117(a).
13 " (2) (A) (i) Funds reserved under paragraph (1) (A)
14 may not be consolidated under the provisions of Title V of
15 Pub. L. 95 - 134 .
16 "(ii) The Governor of Guam, America
17 Samoa, the Virgin Islands, or the Commonwealth of the
18 Northern Mariana Islands may direct the Secretary to
19 consolidate the Governor's share of funds under this Part
20 with the State educational agency's share and award the
21 consolidated amount to the State educational agency for
22 administration in accordance with the requirements of this
23 Part applicable to State educational agencies.
5
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"(iii) Funds reserved under paragraph
2 (1) (A) shall be used to carry out programs and activities
3 that-
4 "(I) are authorized by this Part
5 and are implemented in a manner that is consistent with the
6 program requirements under section 4114; and
7 "(II) are subject to the
8 application requirements under section 4112(a).
9 " (B) Funds reserved under paragraph (1) (B)
10 shall be used to carry out programs and activities
11 authorized by this Part that meet the needs of Native
12 American youth and that are implemented in a manner that is
13 consistent with the program requirements under section
14 4114.
15 " (e) (i) Funds reserved under paragraph
16 (1) (e) shall be used by the Secretary to award grants or
17 contracts to organizations primarily serving or
18 representing Native Hawaiians to carry out programs and
19 activities authorized by this Part that meet the needs of
20 Native Hawaiian youth and that are implemented in a manner
21 that is consistent with the program requirements under
22 section 4114.
23 "(ii) Recipients of funds reserved
24 under paragraph (1) (e) shall coordinate their programs and
6
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activities with programs and activities under this Part
2 carried out by the State educational agency of Hawaii.
3 "(iii) For the purposes of this section,
4 the term 'Native Hawaiian' has the same meaning as the term
5 is provided in section 9212 of the Elementary and Secondary
6 Education Act of 1965.
7 "(b) STATE ALLOTMENTS.-(l) Except as provided in
8 paragraph (2), the Secretary shall, for each fiscal year,
9 allocate among the States-
10 "(A) one-half of the remainder not reserved
II under subsection (a) according to the ratio between the
12 school-aged population of each State and the school-aged
13 population of all the States; and
14 "(B) one-half of such remainder according
IS to the ratio between the amount each State received under
16 section 1122 of Part A of title I of the Act for the
17 preceding year and the sum of such amounts received by all
18 the States.
19 "(2) MINIMUM. For any fiscal year, no State
20 shall be allotted under this subsection an amount that is
21 less than one-half of one percent of the total amount
22 allotted to all the States under this subsection.
23 "(3) REALLOTMENT. The Secretary may reallott
24 any
7
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amount of any allotment to a State if the Secretary
2 determines that the State will be unable to use such amount
3 within two years of such allotment. Such reallotments shall
4 be made on the s~me basis as allotments are made under
5 paragraph ( 1) .
6 . "(4) DEFINITIONS. For the purposes of this
7 part-
8 "(A) the term 'State' means each of the 50
9 States, the District of Columbia, and the Commonwealth of
10 Puerto Rico; and
11 " (B) the term 'local education agency'
12 includes educational service agencies and consortia of such
13 agencies.
14
15 "STATE APPLICATIONS
16 "Sec. 4112. (a) STATE APPLICATION. In order to
17 receive an allotment under section 4111(b) for any fiscal
18 year, a State shall submit to the Secretary, at such time
19 and in such manner as the Secretary may require, as-year
20 application that-
21 " (1) is submitted jointly by the Governor and
22 the State educational agency of the State;
23 "(2) contains a description of how funds under
8
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this part will be coordinated with other programs under
2 this Act and with other Federal education and drug
3 prevention programs;
4 " (3 ) contains a comprehensive plan for the use
5 of funds by the State educational agency and the Governor
6 to provide safe, orderly, and drug-free school environments
7 that includes-
8 "(A) the results of the State's needs
9 assessment for drug and violence-prevention programs, which
10 shall be based on the results of ongoing State evaluation
11 activities and include data on the prevalence of drug use
12 and violence by youth in schools and communities in the
13 State;
14 "(B) a list of the State's results-based
15 performance measures for drug and violence prevention,
16 which shall-
17 "(i) be focused on student behavior
18 and attitudes and derived from the needs assessment;
19 "(ii) be selected from a core set of
20 indicators that the Secretary shall develop in consultation
21 with State and local officials;
22 "(iii) include targets and due dates
23 for the attainment of these indicators; and
9
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" (i v) include a description of the
2 procedures the State will use to inform local educational
3 agencies of the State's results-based performance measures
4 for drug and violence prevention for assessing and publicly
5 reporting progress toward meeting these indicators, or
6 revising them as needed; and
7 " (v) include a description of how the
8 procedures described in subparagraph (C) and subparagraph
9 (D) will support the achievement of the State's results-
10 based performance measures.
11 "(C) a description of the procedures the
12 State educational agency will use for reviewing
13 applications and awarding funds to local educational
14 agencies on a competitive basis under section 4113(c),
15 including-
16 " (i) the objective criteria the State
17 educational agency will use for determining which local
18 educational agencies are eligible to compete for these
19 funds;
20 "(ii) the criteria the State
21 educational agency will use to assess the relative quality
22 of applications and demonstrated need for funding by these
23 local educational agencies;
10
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"(iii) the peer review process the
2 State educational agency will use to review applications;
3 "(iv) how the State educational agency
4 will ensure that the geographical distribution of awards
5 reflects the diversity of local educational agencies in the
6 State; and
7 "(v) how the State educational agency
8 and the Governor will coordinate these programs;
9 "(D) a description of the procedures,
10 including objective criteria, the State educational agency
11 will use for reviewing any applications and awarding any
12 funds to local educational agencies on a non-competitive
13 basis under section 4113 (c) (3) ;
14 "(E) a description of the procedures the
15 Governor will use to award funds to eligible applicants on
16 a competitive basis consistent with section 4115(c),
17 including-
18 "(i) the criteria the Governor will
19 use to assess the relative quality of applications and
20 demonstrated need for funding of eligible applicants;
21 "Iii) the peer review process the
22 Governor will use to review applications;
23 "(iii) how those funds will be used
11
~ConuetSion
for community resources and activities that support local
2 educational agency programs to create drug-free, safe, and
3 disciplined learning environments in, and passageways to
4 and from schools; and
5 "(iv) how the Governor will ensure
6 that the geographic distribution of awards reflects the
7 diversity of local educational agencies in the State;
8 "(F) a description of how the State
9 educational agency and Governor will use the funds reserved
10 under section 4113(b) and 4115(b) for coordinated capacity-
11 building and technical assistance and program
12 accountabiiity services and activities at the State and
13 local levels, including how the State educational agency
14 and Governor will coordinate their activities with law
15 enforcement, health, mental health, and education programs
16 and officials at the State and local levels;
17 " (G) a description of how the State
18 educational agency and the Governor will monitor local
19 programs; and
20 " (H) a description of how the State
21 educational agency will ensure that local educational
22 agencies not receiving funds under this Part will be
23 provided technical assistance to improve their programs;
24 "(4) contains assurances that the application
12
' I' d d' ,
was d eve I ope d ln consu tatlon an coor lnatlon wlth
,Hex-Dump Conversion
2 appropriate State officials, including the head of the
3 State alcohol and drug abuse agency, the heads of the State
4 health and mental health agencies, the head of the State
5 criminal justice planning agency, the head of the State
6 child welfare agency, the head of the State board of
7 education, or their designees, and representatives of
8 parents, students, and community-based organizations; and
9 "(5) contains assurance that the State will
10 cooperate with, and assist the Secretary in conducting the
11 national impact evaluation of programs required by section
12 4117(a).
13 "(b) PEER REVIEW. The Secretary shall use a peer
14 review process in reviewing State applications under this
15 section.
16
17 "STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS
18 "Sec. 4113 (a) ALLOCATION OF FUNDS. In each fiscal
19 year, 80 percent of the total amount allocated to the State
20 under section 4111(b) shall be used by the State
21 educational agency and local educational agencies in the
22 State to carry out programs and activities in accordance
23 with this section that are designed to create and maintain
13
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drug- free, safe, and orderly environments for learning, in
2 and around schools in the State.
3 "(b) STATE LEVEL ACTIVITIES.-(l) A State educational
4 agency shall reserve not more'than 20 percent of the amount
5 described in subsection (a) for State level activities
6 described in paragraphs (2) and (4).
7 "(2) A State educational agency may use not more
8 than 5 percent of the amount described in subsection (a)
9 for the costs of carrying out its administrative
10 responsibilities under this part.
11 "(3) The State educational agency shall reserve
12 the remainder of the amount described in paragraph (1)
13 after application of paragraph (2), but not less than 10
14 percent of the amount described in subsection (a), for
15 State level activities described in paragraph (4).
16 "(4) (A) The State educational agency and the
17 Governor shall jointly use the amounts reserved under
18 paragraph (3) and section 4115(b) (3) to plan, develop, and
19 implement capacity building and technical assistance and
20 accountability services that are designed to support the
21 effective implementation of local drug and violence
22 prevention activities throughout the State and promote
23 program accountability and improvement.
14
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"(B) (i) The State educational agency and
2 Governor may carry out the services and activities
3 described in subparagraph (A) directly, or through
4 subgrants or contracts with public and private
5 organizations, as well as individuals.
6 "(ii) Except as provided under clause
7 (iii), the State educational agency and Governor shall, to
8 the extent practicable, use funds under this paragraph to
9 provide capacity building and technical assistance and
10 accountability services and activities to all local
11 educational agencies in the State, including those that do
12 not receive funds under this part.
13 "(iii) The State educational agency
14 and the Governor may use fund under this paragraph to
15 provide emergency intervention services to schools and
16 communities following a traumatic crisis, such as a
17 shooting, major accident, or drug-related incident that has
18 disrupted the learning environment.
19 "(C) For the purpose of this paragraph-
20 " (i) 'capacity building' means
21 activities to improve the knowledge, skills, and expertise
22 of State and local program staff needed to plan, implement,
23 and improve effective research-based programs; and
24 " (ii) 'technical assistance and
15
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accountability services' means activities designed to
2 improve State and local programs and activities under this
3 Part, including dissemination of information and curricula,
4 program evaluation, demonstration programs, peer review of
5 local educational agency applications, and evaluation
6 assistance, such as collecting, monitoring, and reporting
7 program indicator data.
8 \\(c) LOCAL-LEVEL ACTIVITIES.-(l) A State educational
9 agency shall use not less than 80 percent of the amount
10 described in subsection (a) for local-level activities
II described in paragraphs (2) and (3).
12 \\ (2) (A) A State educational agency shall use at
13 least 70 percent of the amount described in subsection (a)
14 to make competitive subgrants, consistent with subparagraph
15 (C) (i), to local educational agencies (or consortia of
16 local educational agencies) that the State educational
17 agency determines, based on objective data, have need for
18 assistance under this part.
19 \\ (B) In determining which local educational
20 agencies (or consortia) have need for assistance under this
21 Part, the State educational agency may consider such
22 factors as-
23 \\(i) high rates of alcohol, tobacco,
24 or drug use among youth;
16
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"Iii) high rates of victimization of
2 youth by violence and crime;
3 "(iii) high rates of arrest and
4 adjudication of youth for violent or drug- or alcohol-
5 related delinquency;
6 "(iv) high rates of bullying, hate-
7 related incidents, racial harassment, sexual harassment, or
8 sexual abuse;
9 "(v) high rates of referrals of youths
10 to drug and alcohol abuse treatment and rehabilitation
11 programs;
12 "(vi) high rates of referrals of
13 youths to juvenile court;
14 "(vii) high rates of expulsions and
15 suspensions of students from schools;
16 " (viii) high rates of reported cases
17 of child abuse and domestic violence;
18 " (ix) the extent of illegal gang
19 activity;
20 " (x) local fiscal capacity to fund
21 such programs without Federal assistance;
22 " (xi) the incidence of drug
23 paraphernalia in schools; and
17
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"(xii) high rates of drug-related
2 emergencies or deaths.
3 "(C) (i) The State educational agency shall
4 base the competition it conducts under subparagraph (A) on
5 the quality of the applicant's proposed program and how
6 closely it is aligned with the principles of effectiveness
7 described in clause (ii).
8 "Iii) For the purpose of this
9 subsection, the State educational agency shall use the
10 following principles of effectiveness:
11 "(I) The applicant's program is
12 based on a thorough assessment of objective data about the
13 drug and violence problems in the schools and communities
14 to be served.
15 "(II) The applicant has
16 established a set of measurable goals and objectives aimed
17 at ensuring that all schools served by the local
18 educational agency have a drug-free, safe, and orderly
19 learning environment, and has designed its programs to meet
20 those goals and objectives.
21 "(III) The applicant has designed
22 and will implement its programs for youth based on research
23 or evaluation that provides evidence that the program to be
18
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used will prevent or reduce drug use, violence,
2 delinquency, or disruptive behavior among youth.
3 "(IV) The applicant will evaluate
4 its program periodically to assess its progress toward
5 achieving its goals and objectives, and will use evaluation
6 results to refine, improve, and strengthen its program, and
7 refine its goals and objectives, as needed.
8 " (D) A State educational agency may make
9 subgrants under this paragraph to not more than 50 percent
10 of the local educational agencies in the State.
11 "(E) Subgrants under this paragraph shall
12 be of sufficient size to support high-quality, effective
13 programs and activities that are designed to create safe,
14 disciplined, and drug-free learning environments in schools
15 and that are consistent with the needs, goals, and
16 objectives identified in the State's plan under section
17 4112.
18 "(3) (A) A State educational agency may use not
19 more than 10 percent of the amount described in subsection
20 (a) to make non-competitive subgrants to local educational
21 agencies (or consortia of local educational agencies) with
22 the greatest need for assistance as described in paragraph
23 (2) (B) that did not receive a subgrant under (2) (A). A
19
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local educational agency may not receive more than one
2 subgrant under this paragraph.
3 "(B) A State educational agency shall not
4 make a subgrant to a local educational agency under this
5 paragraph unless it-
6 " (i) assists the local educational
7 agency in meeting the information requirements under
8 section 4116(a) pertaining to local educational agency
9 needs assessment, results-based performance measures,
10 comprehensive safe and drug-free schools plan, evaluation
11 plan, and assurances; and
12 "(ii) provides continuing technical
13 assistance to the local educational agency to build its
14 capacity to develop and implement high-quality, effective
15 programs consistent with the principles of effectiveness in
16 (c) (2) (C) (ii).
17 "(d) PROJECT PERIODS AND REALLOGATION.-(l) (A)
18 Subgrants under subsection (c) shall be for project periods
19 not to exceed three years.
20 "(B) In order to receive funds under this
21 section for the second or third year of the project, a
22 local educational agency shall demonstrate to the
23 satisfaction of the State educational agency that the local
24 educational agency's project is making reasonable progress
20
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toward its performance indicators under section
2 4116 (a) (3) (c) .
3 "(2) A State educational agency may require
4 local educational agencies to return funds awarded to them
5 under this section that they have not expended within one
6 year of the date of the subgrant, and may award such
7 recovered funds to other local educational agencies with
8 the greatest need for them-
9 "(A) through a new competition;
10 "(B) by funding high-quality applications
11 that were not funded in a previous competition; or
12 "(C) by making supplemental awards to
13 current subgrant recipients.
14
15 "LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS
16 "SEC. 4114 (a). PRINCIPLES OF EFFECTIVENESS. Each
17 local educational agency that receives a subgrant under
18 section 4113(c) shall use those funds to support research-
19 based, drug- and violence-prevention services and
20 activities that are consistent with the principles of
21 effectiveness described in section 4113 (c) (2) (C) (ii) .
22 "(b) OTHER AUTHORIZED ACTIVITIES.-(l) Each local
23 educational agency that receives a subgrant under section
24 4113(c) may also use those funds to carry out, in a manner
21
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that is consistent with the most recent relevant research,
2 other services and activities that are consistent with the
3 purposes of this title, such as-
4 "(A) staff training and development;
5 "(B) parental involvement and training;
6 "(C) community involvement activities;
7 "(D) law enforcement and security
8 activities that are related to school safety and drug use;
9 "(E) creating and maintaining safe zones of
10 passage to and from school to prevent violence and drug
11 trafficking;
12 "(F) counseling, mentoring, and referral
13 services, and other student assistance programs;
14 "(G) before- and after-school programs;
15 "(H) alternative education programs for
16 those students who have been expelled from their regular
17 education programs;
18 "(I) programs to assist students to reenter
19 the regular education program upon return from treatment or
20 alternative education settings;
21 "(J) services and activities that reduce
22 the need for suspension and expulsion in maintaining
23 classroom order and school discipline;
22
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"(K) services and activities to prevent and
2 reduce truancYi and
3 "(L) activities designed to prevent hate
4 crimes.
5 "(2) A local educational agency may not use more that
6 20 percent of its subgrant for the acquisition or use of
7 metal detectors and security personnel unless it
8 demonstrates in its application under section 4116 to the
9 satisfaction of the State educational agency that it has a
\0 compelHng need to do so.
11
12
13 "GOVERNOR'S PROGRAMS
14 "SEC. 4115 (a) ALLOCATION OF FUNDS. In each fiscal
15 year, 20 percent of the total amount allocated to the State
16 under section 4111(b) shall be used by the Governor to
17 support community efforts that directly complement the
18 efforts of local educational agencies to foster drug-free,
19 safe, and orderly learning environments in and around
20 schools.
21 " (b) STATE LEVEL ACTIVITIES.-(l) A Governor shall
22 reserve not more than 20 percent of the amount described in
23 subsection (a) for State level activities described in
24 paragraph (2) and section 4113 (b) (4) .
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"(2) A Governor may use not more than 5 percent
2 of the amount described in subsection (a) for costs, direct
3 or indirect, of carrying out the Governor's administrative
4 responsibilities under this Part.
5 "(3) The Governor shall reserve the remainder of
6 the amount described in paragraph (1), after application of
7 paragraph (2), but not less than 10 percent of the amount
8 described in subsection (a), for State-level activities
9 that are administered jointly with the State educational
10 agency, as described in section 4113 (b) (4)
11 " (c) LOCAL LEVEL ACTIVITIES.-(l) (A) A Governor shall
12 use not less than 80 percent of the amount described in
13 subsection (a) to make competitive subgrants to, or
14 contracts with, community-based organizations, local
15 educational agencies, and other public entities and private
16 non-profit organizations, or consortia thereof, to support
17 community efforts that directly complement the efforts of
18 local educational agencies to foster drug-free, safe, and
19 orderly learning environments in and around schools.
20 "(B) To be eligible for a subgrant under
21 this subsection, an applicant (other than a local
22 educational agency applying on its on behalf) shall include
23 in its application its written agreement with one or more
24 local educational agencies, or one or more schools within a
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local educational agency, to provide services and
2 activities in support of such local educational agencies or
3 schools, as well as an explanation of how those services
4 and activities will complement or support the local
5 educational agencies' or schools' efforts to provide a
6 drug-free, safe, and orderly school environment.
7 "(C) The Governor shall base the
8 competition conducted under subparagraph (A)-
9 "(i) on the quality of the applicant's
10 proposed program and how closely it is aligned with the
11 principles of effectiveness described in section
12 4 113 (c) (2) (C) (ii) i and
13 "Iii) on the needs of the schools or
14 local educational agencies to be served, based on the
15 objective criteria determined by the Governor.
16 "(D) Subgrants under this subsection may
17 support community efforts on a Statewide, regional, or
18 local basis and may support the efforts of local
19 educational agencies and schools that do not receive funds
20 under this Part.
21 "(2) (A) Each recipient of a subgrant under this
22 subsection shall use those funds to support research-based
23 services and activities that are consistent with the
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principles of effectiveness described in section
2 4113 (c) (2) (C) (ii) .
3 "(8) Each recipient of a subgrant under
4 this subsection may also use those funds to carry out, in a
5 manner that is consistent with the most recent relevant
6 research, other services and activities that are consistent
7 with the purposes of this title, such as-
8 "(i) counseling and mentoring
9 services;
10 "(ii) the support of school resource
11 officers, and other partnerships with law enforcement;
12 "(iii) after school programs;
13 "(iv) activities designed to prevent
14 hate. crimes; and
15 "(v) alternative education programs
16 for students removed from their regular educational
17 programs.
18
19 "LOCAL APPLICATIONS
20 SEC. 4116. APPLICATION CONTENTS.-(a) (1) Applicants
21 for subgrants under sections 4113 (c) (2), 4113 (c) (3), and
22 4115(c) shall submit an application at such time and
23 including such information as the State educational agency
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or the Governor, as applicable, requires, consistent with
2 paragraph (3).
3 "(2) (A) Applications from local educational
4 agencies for subgrants under section 4113(c) (2), section
5 4113 (c) (3), and section 4115 (c) shall be developed in
6 consultation with a local or regional advisory council that
7 includes, to the extent possible, representatives of local
8 government, business, parents, students, teachers, pupil
9 services personnel, mental health service providers,
10 appropriate State agencies, private schools, law
11 enforcement, community-based organizations, and other
12 groups interested in, and knowledgeable about, drug and
13 violence prevention.
14 "(B) Applications from entities other than
15 local educational agencies for subgrants under section
16 4115(c) shall be developed in consultation with the schools
17 or local educational agencies to be served, and to the
18 extent practicable, with the representatives described in
19 subparagraph (A).
20 " (3) Each application for a subgrant described
21 in subsection (a) shall contain-
22 "(A) the results of the applicant's needs
23 assessment concerning the creation and maintenance of a
24 drug-free, safe, and orderly school environment and include
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data on the prevalence of drug use and violence by youth in
2 the schools and communities to be served;
3 " (B) a description of how the applicant
4 will target services and activities on the communities,
5 schools, and students with the greatest need for assistance
6 in creating and maintaining drug-free, safe, and orderly
7 learni~g environments;
8 " (e) the applicant's results-based
9 performance measures for creating and maintaining a drug-
10 free, safe, and orderly learning environment, which shall
11 be focused on student behavior and attitudes, and include
12 annual targets for each performance measure;
13 " (D) a description of the procedures the
14 applicant will use to assess and publicly report progress
15 toward meeting its performance indicators;
16 " (E) a description of how-
17 " (i) the applicant will use the funds
18 to be awarded, how the activities it will support with
19 those funds address the needs identified under subparagraph
20 (A) and the performance measures identified in subparagraph
21 (e); and
22 " (ii) if the applicant is a local
23 educational agency, how those activities are consistent
24 with the Safe and Drug-Free Schools plan under paragraph
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(4) (F) or other existing school plan related to safe,
2 disciplined and drug-free environments.
3 "(F) a description of how the applicant
4 will coordinate its activities with local, State, and
5 Federal law enforcement, health, mental health, and
6 education officials;
7 "(G) a description of how the applicant
8 will coordinate its activities under this part with those
9 implemented under the Drug-Free Communities Act, if any;
\0 "(H) a description of the applicant's plan
11 for evaluating its project; and
12 "(I) any other information the State
13 educational agency or Governor, as applicable, may require
14 to review applications, and award subgrants, based on the
15 applicant's need for assistance and the quality of the
16 application.
17 "(4) Each applicant for a subgrant under section
18 4113 (c) (2) or 4113 (c) (3) shall also include in its
19 application assurances that it-
20 "(A) has a policy prohibiting the use of
21 tobacco by students and adults at all times in school
22 buildings and on school grounds, consistent with the
23 Tobacco-Free Schools Act;
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"(B) has a policy, consistent with State
2 law, that requires the expulsion of students who possess a
3 firearm at school consistent with the Gun-Free Schools Act;
4 "(C) has, or will have, a full-or part-time
5 program coordinator whose primary responsibility is
6 planning, designing, implementing, and evaluating the
7 applicant's programs (unless the applicant demonstrates in
8 its application, to the satisfaction of the State
9 educational agency, that such a program coordinator is not
10 needed) ;
11 "(D) will evaluate its program every two
12 years to assess its progress toward meeting its goals and
13 objectives, and will use the results of its evaluation to
14 improve its program and refine its goals and objectives, as
15 needed;
16 "(E) will provide for an annual school
17 safety and drug use report card, as required by section
18 4117 (d); and
19 "(F) has, or the schools to be served have,
20 a comprehensive Safe and Drug-Free Schools plan that
21 includes-
22 "(i) appropriate and effective
23 discipline policies that prohibit disorderly conduct and
24 the illegal use, possession, distribution, and sale of
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tobacco, alcohol, and other drugs by students, and that
2 mandate predetermined consequences, sanctions, or
3 interventions for specific offenses;
4 " (ii) school security procedures at
5 school and while students are on the way to and from
6 school;
7 "(iii) early intervention and
8 prevention activities designed to create and maintain safe,
9 disciplined, and drug-free environments;
10 "(iv) school readiness and family
11 involvement activities;
12 " (v) improvements to classroom
13 management and school environment, such as efforts to
14 reduce class size or improve classroom discipline; and
15 "(vi) arrangements for-
16 " (I) referring troubled youth to
17 juvenile justice and other community resources, as
18 appropriate; and
19 "(II) responding to a violent or
20 traumatic crisis that disrupts the learning environment.
21 " (5) Each applicant for a subgrant under section
22 4115 (c) shall also include in its application--
23 "(A) a description of how the services and
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activities to be supported will be coordinated with
2 relevant programs under this Part that are supported by
3 State educational agencies, including how recipients will
4 share resources, services, and data;
5 " (B) a description of how the applicant
6 will coordinate its activities under this part with those
7 implemented under the Drug-Free Communities Act, if any;
8 and
9 "(C) (i) an assurance that it will evaluate
10 its program every two years to assess its progress toward
11 meeting its goals and objectives, and will use the results
12 of its evaluation to improve its program and refine its
13 goals and objectives as needed, if the applicant is not a
14 local educational agency; or
15 " (ii) the assurances under paragraph
16 (4) if the applicant is a local educational agency.
17 "(b) REVIEW OF APPLICATION. To review applications
18 under this section-
19 " (1) State educational agencies shall use a peer
20 review process; and
21 "(2) Governors may use a peer review process or
22 other methods that ensure that applications are funded on
23 the basis of need and quality.
24
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"NATIONAL EVALUATIONS AND DATA COLLECTIONS
2 "SEC. 4117(a) NATIONAL EVALUATIONS.-(l) The
3 Secretary shall provide for periodic national evaluations,
4 at least every two years, of the quality and impact of
5 programs under this title and other programs designed to
6 prevent drugs and violence in schools and submit a report
7 of the findings of such evaluations to the President and
8 Congress.
9 "(2) (A) The National Center for Education
10 Statistics shall collect data to determine the frequency,
11 seriousness, and incidence of violence in elementary and
12 secondary schools in the States. The Secretary shall
13 collect the data using, wherever appropriate, data
14 submitted by the States pursuant to subsection (b) (1) (B) .
15 "(B) The Secretary shall report to Congress
16 on the data collected under this paragraph, together with
17 such recommendations as the Secretary determines
18 appropriate.
19 "(3) The Secretary of Education and the Attorney
20 General shall publish annual reports on school safety.
21 "(b) STATE REPORTS.-(l) The Governor and State
22 educational agency of each State shall annually report to
23 the Secretary, in such form as the Secretary may require,
24 on the State's progress toward attaining its performance
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indicators, required under section 4112 (a) (1) (c) (ii), for
2 achieving drug-free, safe, and orderly learning
3 environments in its schools. Annual reports shall-
4 "(A) be based on the State's ongoing
5 evaluation activities;
6 "(B) include data on the prevalence and
7 incidence of drug use and violence by youth in schools and
8 communi ties;
9 "(C) address the implementation and
10 outcomes of State and local programs under this Part, as
11 well as their effectiveness; and
12 "(D) be made readily available to the
13 public.
14 "(2) Each State shall report to the Secretary,
15 in such form as the Secretary, in consultation with the
16 Secretary of Health and Human services, may require, all
17 school related suicides and homicides within the State
18 within 30 days of the incident.
19 "(c) LOCAL REPORTS.-(l) (A) Each local educational
W agency that receives a subgrant under section 4113(c) (2) or
21 section 4113 (c) (3) shall report annually to the State
22 educational agency and the public on-
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"(i) the local educational agency's
2 progress toward meeting its results-based performance
3 indicators for its program;
4 " (ii) the results of its on-going
5 evaluation of its program; and
6 " (iii) any problems the local
7 educational agency has encountered in implementing its
8 program that warrant the provision of technical assistance
9 by the State educational agency.
10 "(B) The State educational agency shall
11 review the annual reports described under paragraph (1) and
12 shall not provide funding for the second or third year of a
13 local educational agency's program unless it determines
14 that the local educational agency is making reasonable
15 progress toward meeting its objectives.
16 "(2) (A) Each recipient of funds under section
17 4115(c) shall report annually to the Governor and to the
18 public on-
19 " (i) its progress toward meeting its
20 results-based performance measures for its program;
21 " (ii) the results of its on-going
22 evaluation of its program; and
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"(iii) any problems i~ encountered in
2 implementing its program that warrant the provision of
3 technical assistance by the Governor.
4 "(B) The Governor shall review the annual
5 reports described under subparagraph (A) I and shall not
6 provide funding for subsequent years of a mUlti-year
7 program unless the Governor determines that the recipient
8 is making reasonable progress toward meeting its
9 objectives.
10
11 "PART B - NATIONAL PROGRAMS
12 "NATIONAL ACTIVITIES
13 "SEC. 4 211. (a) PROGRAM AUTHORI ZED. From funds
14 appropriated to carry out this Part for each fiscal year
15 under section 4004(2), the Secretary shall carry out-
16 "(1) programs designed to promote drug-free,
17 safe, and orderly learning environments for students at all
18 educational levels, from preschool through the
19 postsecondary level; and
20 "(2) Programs for such students that promote
21 lifelong physical activity.
22 "(b) DRUG-FREE, SAFE AND ORDERLY LEARNING
23 ENVIRONMENTS.-(l) The Secretary may carry out the programs
24 described in subsection (a) (1) directly, or through grants,
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contracts, or cooperative agreements with public and
2 private organizations and individuals, or through
3 agreements with other Federal agencies, and shall
4 coordinate with other Federal agencies, as appropriate.
5 "(2) Programs under this subsection may include,
6 but are not limited to-
7 "(A) programs to train teachers in
8 innovative techniques and strategies of effective drug and
9 violence prevention;
10 "(B) research and demonstration projects to
II test innovative approaches to drug and violence prevention;
12 "(e) evaluations of the effectiveness of
13 programs funded under this title, or other programs
14 designed to create safe, disciplined, and drug-free
15 environments;
16 "(D) direct services and technical
17 assistance to schools and school systems, including those
18 afflicted with especially severe drug and violence
19 problems;
20 "(E) developing and disseminating drug and
21 violence prevention materials and information in print,
22 audiovisual, or electronic format, including information
23 about effective research-based programs, policies,
24 practices, strategies, and curriculum and other relevant
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materials to support drug and violence prevention
2 education;
3 "(F) recruiting, hiring, and training
4 program coordinators to assist school districts in
5 implementing high-quality, effective, research-based drug
6 and violence prevention programs;
7 "(G) the development and provision of
8 education and training programs, curricula, instructional
9 materials, and professional training for preventing and
10 reducing the incidence of crimes or conflicts motivated by
11 bullying, hate, prejudice, intolerance, or sexual
12 harassment and abuse;
13 "(H) programs for youth who are out of the
14 education mainstream, including school dropouts, students
15 who have been suspended or expelled from their regular
16 education program, and runaway or homeless children and
17 youth;
18 "(I) programs implemented in conjunction
19 with other Federal agencies that support local educational
20 agencies and communities in developing and implementing
21 comprehensive programs that create safe, disciplined, and
22 drug-free learning environments and promote healthy
23 childhood development;
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"(J) services and activities that reduce
2 the need for suspension and expulsion in maintaining
3 classroom order and discipline;
4 "(K) services and activities to prevent and
5 reduce truancy; and
6 "(L) other activities .that meet emerging or
7 unmet national needs consistent with the purposes of this
8 title.
9 "(c) LIFELONG PHYSICAL ACTIVITY PROGRAMS.-(l) The
10 Secretary may carry out the programs described in
11 subsection (a) (2) directly, or through grants, contracts,
12 or cooperative agreements with public and private
13 organizations and individuals, or through agreements with
14 other Federal agencies, and shall coordinate with the
15 Centers for Disease Control and Prevention, the President's
16 Council on Physical Fitness, and other Federal agencies, as
17 appropriate.
18 "(2) Programs under this subsection may include,
19 but are not limited to-
20 "(A) the conduct of demonstrations of
21 school-based programs that promote lifelong physical
22 activity, with a particular emphasis on physical education
23 programs that are part of coordinated school health
24 programs;
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"(B) training, technical assistance, and
2 other activities to encourage States and local educational
3 agencies to implement sound school-based programs that
4 promote lifelong physical activity; and
5 "(C) activities designed to build State
6 capacity to provide leadership and strengthen schools'
7 capabilities to provide school-based programs that promote
8 lifelong physical activity.
9 "(d) PEER REVIEW. The Secretary shall use a peer
10 review process in reviewing applications for funds under
11 this section.
12
13 "PART C - SCHOOL EMERGENCY RESPONSE TO VIOLENCE
14 SEC. 4311. (a) PROJECT SERV.-(l) From funds
15 appropriated to carry out this Part for each fiscal year
16 under section 4004(3), the Secretary is authorized to carry
17 out a program of providing education-related services to
18 local educational agencies in which the learning
19 environment has been disrupted due to a violent or
20 traumatic crisis, such as a shooting or major accident.
21 Such program may be referred to as 'Project SERV.'
22 \\ (2 ) The Secretary may carry out Project SERV
23 directly, or through contracts, grants, or cooperative
24 agreements with public and private organizations and
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individuals, or through agreements with other Federal
2 agencies.
3 "(b) AUTHORIZED ACTIVITIES.-(l) Project SERV may
4 provide-
5 "(A) assistance to school personnel in
6 assessing a crisis situation, including-
7 " (i) assessing the resources available
8 to the local educational agency and community to respond to
9 the situation; and
10 "(ii) developing a response plan to
11 coordinate services provided at the Federal, State, and
12 local level;
13 "(B) mental health crisis counseling to
14 students and their families, teachers, and others in need
15 of such services;
16 "(C) increased school security;
17 "(D) training and technical assistance for
18 State and local educational agencies, State and local
19 mental health agencies, State and local law enforcement
20 agencies, and communities to enhance their capacity to
21 develop and implement crisis intervention plans;
22 "(E) services and activities designed to
23 identify and disseminate the best practices of school- and
24 community-related plans for responding to crises; and
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"(F) other needed services and activities
2 that are consistent with the purposes of this Part.
3 " (2) The Secretary, in consultation with the
4 Attorney General, the Secretary of Health and Human
5 Services, and the Director of the Federal Emergency
6 Management Agency-
7 " (A) shall establish such criteria and
8 application requirements as may be needed to select which
9 local educational agencies are assisted under this Part;
10 and
11 "(8) may establish such reporting
12 requirements as may be needed to collect uniform data and
13 other information from all local educational agencies
14 assisted under this part.
15 "(c) (1) There shall be established a Federal
16 Coordinating Committee on school crises comprised of the
17 Secretary, the Attorney General, the Secretary of Health
18 and Human Services, the Director of the Federal Emergency
19 Management Agency, the Director of the Office of National
20 Drug Control Policy, and such other members as the
21 Secretary shall determine. The Secretary shall serve as
22 chair of the Committee.
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" (2) The Committee shall coordinate the Federal
2 responses to crises that occur in schools or directly
3 affect the learning environment in schools.
4
5 "PART D - RELATED PROVISIONS
6 "GUN FREE SCHOOLS ACT
7 "SEC. 4411. (a) SHORT TITLE. This section may be
8 cited as the 'Gun-Free Schools Act.'
9 "(b) REQUIREMENTS,-(l) Each State receiving Federal
10 funds under the Elementary and Secondary Education Act of
11 1965 shall have in effect a State law requiring local
12 educational agencies to expel from school, for a period of
13 not less than one year, a student who is determined to have
14 possessed a firearm at school under the jurisdiction of a
15 local educational agency in that State, except that such
16 State law shall allow the chief administering officer of
17 that local educational agency to modify the expulsion
18 requirement for a student on a case-by-case basis.
19 " (2 ) For the purpose of this section, the term
20 "firearm" means a firearm as such term is defined in
21 section 921 of title 18, United States Code.
22 "(c) SPECIAL RULE. The provisions of this section
23 shall be construed in a manner consistent with the
24 Individuals with Disabilities Education Act.
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" (d) REPORT TO STATE. Each local educational agency
2 requesting assistance from the State educational agency
3 under this Act shall provide to the State in its
4 application-
5 "(I) an assurance that such local educational
6 agency is in compliance with the State law required by
7 subsection (b) i and
8 "(2) a description of the circumstances
9 surrounding any expulsions imposed under the State law
10 required by subsection (b) including-
11 " (A) the name of the school concerned i
12 "(B) the number of students expelled from
13 such school (disaggregated by gender, race, ethnicity, and
14 educational level)i and
15 "(C) the type of weapons concerned.
16 " (e) REPORTING. Each State shall report the
17 information described in subsection (d) to the Secretary on
18 an annual basis.
19
20 "LOCAL POLICIES
21 "SEC. 4412. (a) REQUIRED POLICIES. No funds shall
22 be made available under this Act to any local educational
23 agency unless that agency has a policy requiring-
44
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R(l) referral to the criminal justice or
2 juvenile justice system of any student who possesses a
3 firearm at a school served by such agency;
4 R(2) referral to a mental health professional
5 for assessment as to whether a student described in
6 paragraph (1) poses an imminent threat of harm to himself
7 or others and needs appropriate mental health services
8 before readmission to school; and
9 "(3) that any student who i.s expelled for
10 possession of a firearm at school be provided services to
II the extent necessary to enable the student to progress
12 appropriately in the general curriculum.
13 R(b) SPECIAL RULE. The provisions of this section
14 shall be construed in a manner consistent with the
15 Individuals with Disabili.ties Education Act.
16 "(c) DEFINITIONS. For the purposes of this section,
17 the terms "firearm" and "school" have the same meaning
18 given those terms in section 921(a) of title 18, United
19 States Code.
20
21 RMATERIALS
22 RSEe. 4413 (a). 'WRONG AND HARMFUL MESSAGE'. Drug
23 prevention programs supported under this title shall convey
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a clear and consistent message that the illegal use of
2 alcohol and other drugs is wrong and harmful.
3 "(b) CURRICULUM. The Secretary shall not prescribe
4 the use of particular curricula for programs under this
5 title, but may evaluate and disseminate information about
6 the effectiveness of such curricula and programs.
7
8 "PROHIBITED USE OF FUNDS
9 "SEC. 4414. PROHIBITED USES. No funds under this
10 title may be used for-
11 "(1) construction (except for minor remodeling
12 needed to accomplish the purposes of this part); and
13 "(2) medical services or drug treatment or
14 rehabilitation, except for pupil services or referral to
15 treatment for students who are victims of, or witnesses to,
16 crime or who use alcohol, tobacco, or drugs.
17
18
19 "TOBACCO- FREE SCHOOLS
20 "SEC. 4415 (a). REQUIRED POLICY. Each State
21 educational agency and local educational agency that
22 receives funds under the Elementary and Secondary Education
23 Act of 1965 shall have a policy that prohibits the use of
24 tobacco, in any form, at any time, and by any person, in
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school buildings, on school grounds, or at any school-
2 sponsored event.
3 " (b) ASSURANCE. Each local educational agency
4 requesting assistance under this Act from the State
5 educational agency shall include in its application an
6 assurance that it is in compliance with the requirements of
7 this section.
8 " (c) STATE REPORTING. Each State educational agency
9 shall report to the Secretary on an annual basis if any
10 local educational agency is not in compliance with the
11 requirements of subsection (a).
12 "(d) SHORT TITLE. This section may be cited as the
13 'Tobacco-Free Schools Act. '
14
15
16
17 "PROHIBITION OF SUPPLANTING
18 "SEC. 4416. SUPPLANTING PROHIBITED. Funds under
19 this title shall be used to increase the level of State,
20 local, and other non-Federal funds that would, in the
21 absence of funds under this title, be made available for
22 programs and activities authorized under this title, and in
23 no case to supplant such State, local, and other non-
24 Federal funds.
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"DEFINITIONS OF TERMS
2 "SEC. 4417. DEFINITIONS. As used in this title-
3 "(1) the term 'drug and violence prevention'
4 means-
5 "(A) with respect to drugs, prevention,
6 early intervention, rehabilitat~on referral, or education
7 related to the illegal use of alcohol and the use of
8 controlled, illegal, addictive, or harmful substances,
9 including inhalants and anabolic steroids;
\0 "(B) prevention, early intervention,
11 smoking cessation activities, or education related to the
12 use of tobacco by children and youth eligible for services
13 under this title; and
14 "(C) with respect to violence, the
15 promotion of school safety, such that students and school
16 personnel are free from violent and disruptive acts,
17 including sexual harassment and abuse and victimization
18 associated with prejudice and intolerance, on school
19 premises, going to and from school, and at school-sponsored
20 activities, through the creation and maintenance of a
21 school environment that is free of weapons and fosters
22 individual responsibility and respect for the rights of
23 others;
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"(2) the terms 'drug treatment' and 'drug
2 rehabilitation' include activities to assist regular users
3 of drugs to become drug-free, but do not include
4 alternative education programs for students expelled from
5 school, student assistance programs, or programs to help
6 students who have been expelled to re-enter and succeed in
7 their regular education program;
8 " (3 ) the term 'hate crime' means a crime
9 described in section l(b) of the Hate Crime Statistics Act
10 of 1990; and
11 "(4) the term 'medical services' includes, but
12 is not limited to, the diagnosis and treatment of disease,
13 illness, or injury, but does not include assessments by
14 mental health professionals to determine whether a student
15 poses an imminent threat of harm to himself or others.
16
17
18
19 ENVIRONMENTAL TOBACCO SMOKE
20 SEC. 402. The Pro-Children Act of 1994 (20 U.S.C.
21 6081, et ~.) is amended-
22 (1 ) in section 1042(2)-
23 (A) by striking out "education"; and
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(B) in subparagraph (A) (i), by striking out
2 "or the Secretary of Education"; and
3 (2) in section 1043-
4 (A) in subsection (a), by striking out
5 "kindergarten, elementary, or secondary education or"; and
6 (B) in subsection (c)-
7 (i) in paragraph (1)-
8 (I) by striking out
9 "KINDERGARTEN, ELEMENTARY, OR SECONDARY EDUCATION OR" from
10 the heading thereof; and
11 (II) by striking out
12 "kindergarten, elementary, or secondary education or"; and
13 (ii) in paragraph (3), by striking out
14 "kindergarten, elementary, or secondary education or".
15
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4/20/99
TITLE IV - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT
SECTION-BY-SECTION ANALYSIS
Section 401 of the bill would amend and restate Title IV of
the ESEA, which authorizes assistance to States, local
educational agencies, and other public entities and
nonprofit organizations for programs to create and maintain
drug-free, safe, and orderly schools, as described below.
SHORT TITLE
Section 4001 - Short Title. Section 4001 would rename
Title IV of the ESEA as the "Safe and Drug-Free Schools and
Communities Act" to update the short title of "Safe and
Drug-Free Schools and Communities Act of 1994" in the
current law.
FINDINGS
Section 4002 - Findings. Section 4002 would update
the findings in section 4002 of the current law to focus
them on the need for program quality and accountability.
PURPOSE
Section 4003 - Declaration of Purpose. Section 4003
would contain a revised statement of purpose in section
4003 of the current law to reflect the following
overarching changes proposed in Title IV of the bill: (1)
a more focused program emphasis on supporting activities
for creating and maintaining drug-free, safe, and orderly
environments for learning in and around schools, as
compared to the more general emphasis under the current
program on supporting activities to prevent youth from
using drugs and engaging in violent behavior any time,
anywhere; (2) improved targeting of resources, through the
requirement that State educational agencies (SEAs) award
funds competitively to local educational agencies (LEAs)
with a demonstrated need for funds and the highest quality
proposed programming, as compared to awarding funds to all
LEAs in the State noncompetitively, based on student
enrollment, under the current law; and (3) stronger
coordination between programs funded by the Governors and
the SEAs, by requiring that programs funded by the
Governors directly complement and support LEA programs, and
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by requiring Governors and SEAs to reserve funds at the
State level for joint capacity-building and technical
assistance, and accountability services, to improve the
effectiveness of, and institutionalize, State and local
Safe and Drug-Free Schools and Communities (SDFSC)
programs.
AUTHORIZATION OF APPROPRIATIONS
Section 4004 - Authorization. Section 4004 of the
bill would extend "such sums" authorizations for SDFSC
State grants and SDFSC National Programs for fiscal years
2001 through 2005, and establish a new such sums
authorization in each of these years for "Project SERVO
under Part C of Title IV.
PART A - STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION
PROGRAMS
RESERVATIONS AND ALLOTMENTS
Section 4111(a) - Reservations. Section 4111 (a) (1)
of the bill would retain the requirements in the current
law for the Secretary to reserve, from each fiscal year's
appropriation for SDFSC State grant funds, 1.percent for
the Outlying Areas, 1 percent for programs for Indian
youth, and 0.2 percent for programs for Native Hawaiians,
and would increase the amount of SDFSC State Grant funds
the Secretary may reserve each fiscal year for evaluation
to $2 million (up from $1 million under the current law) to
support more intensive evaluations that are needed to
demonstrate program outcomes and effectiveness.
Section 4111 (a) (2) (A) (i) would prohibit the Insular
Areas from consolidating their SDFSC funds with other
Department of Education program funds, as would otherwise
be permitted under Insular Areas Consolidated Grant
Authority in Title V of Public Law 95-134. This language
would ensure that the SEA and Governor of each Insular Area
can coordinate their SDFSC programs as required elsewhere
in this Part in sections 4113 (b) (4) and 4115 (b) (3) i without
this prohibition, a Governor or SEA may choose to spend its
SDFSC funds on other eligible program(s), making it
impossible for the Governor and SEA to meet these SDFSC
program coordination requirements.
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Section 4111 (a) (2) (A) (ii) would allow the Governor of
an Insular Area to consolidate its SDFSC funds with the
Insular Area's SDFSC SEA funds, and allow the Insular Area
to administer both SDFSC funding streams under the
statutory requirements applicable to SDFSC SEA programs.
This provision would address the reduced program
flexibility and increased administrative burden the Insular
Areas may experience from the prohibition in section
4111 (a) (2) (i) .
Section 4111 (a) (2) (A) (iii) would add cross-references
to other provisions in the legislation to explicitly make
applicable to the Insular Areas the same SDFSC requirements
concerning authorized programs and activities, applications
for funding, and coordination between the Governor and the
SEA that are applicable to the States.
Section 4111(a) (2) (B) would add cross reference to
other provisions in the legislation to explicitly make
applicable to the Secretary of the Interior the same SDFSC
requirements concerning authorized programs and activities
for SDFSC programs for Indian youth that are applicable to
the States.
Section 4111(a) (2) (C) would authorize SDFSC programs
for Native Hawaiians (which are currently authorized under
section 4118) and explicitly make applicable to these
programs the same SDFSC requirements concerning authorized
programs and activities that are applicable to the States.
This section would also delete the language in current
section 4118 requiring the Governor of the State of Hawaii
to recognize organizations eligible for funding under the
SDFSC Native Hawaiian set-side, and add language requiring
that programs funded under this set-aside be coordinated
with the Hawaii SEA.
Section 4111(b) (1) - State Allotments. Section
4111 (b) (1) would retain the provisions in the current law
requiring the Secretary to allocate State grant funds half
on the basis of school-aged population, and half on the
basis of State shares of ESEA Title I funding for the
preceding year.
Section 4111 (b) (2) - Minimum. Section 4111 (b) (2)
would retain the provision in the current law that no State
receive less than one-half of one percent of all State
grant funding.
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Section 4111 (b) (3) - Reallotment. Section 4111 (b) (3)
would retain the provisions in the current law permitting
the Secretary to redistribute to other States, on the basis
of the formula in section 4111(b) (1), any amount of State
grant funds the Secretary determines a State will be unable
to use within two year of the initial award.
Section 4111(b) (4) - Definitions. Section 4111 (b) (4)
would retain the definitions of "State" and "local
educational agency" in the current law.
STATE APPLICATIONS
Section 4112(a) - State Applications. Section
4112 (a) (1) would change the State grant application
requirements in the current law to require that the
Governor and SEA apply jointly for funds, to ensure
increased coordination between the Governor and SEA,
consistent with the new program requirements proposed in
section 4113 (b) (4) and 4115 (b) (3) .
Section 4112 (a) (2) would retain, with minor technical
changes, the requirement in the current law that States
include in their SDFSC State grant application a
description of how they will coordinate their SDFSC State
grant funding with other Federal education and drug
prevention programs.
Section 4112 (a) (3) (A) and (B) would change the current
statute to require the States to include in their SDFSC
State grant applications: (1) a list of the State's
program performance indicators for drug and violence
prevention that are (a) outcomes-based, rather than simply
"measurable" as under current law, and (b) selected from a
core set of indicators to be developed by the Secretary in
consultation with State and local officials; and (2) a
description of (a) the procedures the State will use to
inform its LEAs of the State's performance indicators under
this program and for assessing and publicly reporting
progress toward meeting those indicators (or revising them
as needed), and (b) how the procedures the State will use
(as described in the State's application under sections
4112 (a) (3) (C), 4112 (a) (3) (D), and section 4112 (a) (3) (E)
below) to select LEAs and other entities for SDFSC State
grant funding will support the attainment of the State's
results-based performance indicators. These changes would
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address the problem that, under current law, many States
have weak goals and objectives for their SDFSC programs
that are entirely process-oriented and do not tie
strategically to the State's needs in this area.
Section 4112 (a) (3) (C) would change the current statute
to require the States to include in their SDFSC State grant
applications a description of the procedures the SEA will
use for reviewing applications and awarding funds to LEAs
competitively, based on need and quality as required by
section 4113 (c) (2) . These changes constitute a
significant departure from current law, under which SEAs
award funds to LEAs on the basis of student enrollment and
on State-determined "greatest need" criteria.
Section 4112 (a) (3) (D) would modify the current statute
to require the States to include in their SDFSC State grant
applications a description of the procedures the SEA will
use for reviewing applications and awarding funds to LEAs
non-competitively, based on need and quality as permitted
by section 4113 (c) (3) .
Section 4112 (a) (3) (E) would change the current statute
to require the Governors to include in their SDFSC State
grant applications a description of the procedures the
Governor will use for reviewing applications and awarding
funds to eligible applicants competitively, based on need
and quality, as required by section 4115(c). These
changes would significantly strengthen the current law,
which does specify any criteria for how Governors must
award their funds under this program.
Section 4112 (a) (3) (F) would add a requirement for
States to include in their applications a description of
how the SEA and Governor will use the funds reserved under
sections 4113(b) and 4115(b) for coordinated capacity-
building and technical assistance and program
accountability services and activities at the State and
local levels, consistent with the changes in those sections
requiring that the SEA and Governor each contribute at
least 10 percent of their respective funds to a joint
capacity-building and technical assistance and program
accountability effort. Section 4112 (a) (3) (F) would also
retain language in the current law, with minor
modifications, requiring the SEA and Governor to describe
in their applications how they will coordinate their
activities with law enforcement, health, mental health, and
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education programs and officials at the State and local
levels.
Section 4112 (a) (3) (G) would, with minor technical
changes, reta~n the requirement in the current statute for
States to include in their applications a description of
how the SEA and Governor will monitor local SDFSC programs.
Section 4112 (a) (3) (H) would add a new requirement for
States to describe in their applications how the SEA will
provide technical assistance to LEAs not receiving SDFSC
State grant funds to improve their programs, consistent
with the requirement in section 4113 (b) (4) (B) (ii) that, to
the extent practicable, SEAs and Governors use a portion of
the funds they reserve for State-level activities to
provide capacity building and technical assistance and
accountability services to all LEAs in the State, including
those that do not receive SDFSC State grant funds.
Section 4112 (a) (4) would retain the requirement that
the States develop their applications in consultation and
coordination with appropriate State officials and
representatives of parents, students, and community-based
organizations, with minor changes deleting language in the
current law that the SEA and Governor develop portions of
the application separately, to conform with the
requirements in sections 4113 (b) (4) and 4115 (b) (3) that the
SEA and Governor use a portion of the funds they reserve
for State-level activities to provide capacity building and
technical assistance and accountability services on a joint
basis.
Section 4112(a) (5) would retain the language in
current law requiring the States to include in their
applications an assurance that the State will cooperate
with, and assist the Secretary in conducing national impact
evaluations of programs required by section 4117(a).
Section 4112(b) would retain the language in the
current law under section 4112(d) requiring the Secretary
to use a peer review process in reviewing SDFSC State
grant applications.
STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS
Section 4113(a) - Allocation of Funds. Section
4113(a) would retain the requirement in current law that
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80 percent of the funds allocated to each State under
section 4111(b) be awarded to the SEA for use by SEAs and
LEAs, with minor changes in language conforming with the
revised statement of purpose in section 4003 that the funds
be used to carry out programs and activities that are
designed to create and maintain drug-free, safe, and
orderly learning environments for learning in and around
schools.
Section 4113(b) - State-Level Activities. Sections
4113(b) (1) through 4113(b) (3) would depart from the current
statute by establishing a new authority requiring SEAs to
reserve between 10 percent and 20 percent of their
allocations under section 4113(a) for State-level
activities. Under this new authority, SEAs may reserve up
to 20 percent, but not less than 10 percent, of their total
allocations under section 4113(a) to plan, develop, and
implement, jointly with the Governor, capacity building and
technical assistance and accountability services to support
the effective implementa~ion of local drug and violence
prevention activities throughout the State and promote
program accountability and improvement. Within this
20 percent cap, but in addition to the 10 minimum for
State-level activities, SEAs may also use up to 5 percent
of their funding (i.e., up to 25 percent of the amount they
reserve for State-level activities) for program
administration. This allowance for SEA State
administrative costs - an increase from the 4 percent
allowed under current law - is provided to accommodate the
increased administrative responsibilities under the new law
of running a State grant competition under section 4113(c),
and would provide greater assistance to LEAs for program
improvement than under the current law.
Section 4113(b) (4) (A) would require SEAs and Governors
to jointly use the amount reserved under section 4113 (b) (3)
and section 4114 (b) (3) to plan, develop, and implement
capacity building and technical assistance and
accountability services designed to support the effective
implementation of local drug and violence prevention
activities throughout the State, as well as promote program
accountability and prevention.
Section 4113 (b) (4) (B) (i) would add new language to the
statute clarifying that the SEA and Governor may carry out
the services and activities required under section
4113 (b) (4) (A) directly, or through subgrants or contracts
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with public and private organizations, as well as
individuals_
Section 4113 (b) (4) (B) (ii) would add new language to
the statue requiring that to the extent practicable, SEAs
and Governors use funds under section 4113 (b) (4) (A) to
provide capacity building and technical assistance and
accountability services and activities to all LEAs in the
State, not just those that receive SDFse State grants, in
order to ensure that: (1) LEAs receiving SDFse funds
receive adequate help to implement and institutionalize
high-quality programs; and (2) States can provide at least
some program assistance to LEAs that will no longer receive
SDFse awards once funding limited to 50 percent of LEAs in
each State under the targeting provisions proposed in
section 4113 (c) (2) (D) _
Section 4113(b) (4) (B) (iii) would permit the SEA and
Governor to provide emergency intervention services to
schools and communities following a traumatic crisis, such
as a shooting or major accident that has disrupted the
learning environment.
Section 4113 (b) (4) (e) would add definitions of
"capacity building" and "technical assistance and
accountability services" to clarify the meaning of these
terms in the statute_
Section 4113 (c) (1) - Local-Level Activities. Section
4113(c) (1) would depart from the current statute to specify
that SEAs must use at least 80 percent of their funding for
local-level activities, as described in sections 4113 (c) (2)
and (3), rather than awarding at least 91 percent of their
funding to LEAs as is required ~nder current law.
Section 4113 (c) (2) (A) would depart from the current
statute to require SEAs to use at least 70 percent of their
total SDFse State grant funding for competitive awards to
LEAs that the SEA determines have need for assistance,
rather than awarding at least 91 percent of their funding
to LEAs in the State by formula, based on enrollment
(70 percerit) and "greatest need" (30 percent) .
Section 4113 (c) (2) (B) would make minor wording changes
to the nine "need" factors in the current statute, and add
three additional factors relating to local fiscal capacity
to fund drug and violence prevention programs without
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Federal assistance; the incidence of drug paraphernalia in
schools; and the high rates of drug-related emergencies or
deaths.
Section 4113 (c) (2) (C) would depart from the current
statute to require SEAs to base their competition under
section 4113 (c) (2) (A) on the quality of an LEA's proposed
program and how closely it is aligned with the following
principles of effectiveness: (1) the LEA's program is
based on a thorough assessment of objective data about the
drug and violence problems in the schools and communities
to be served; (2) the LEA has established a set of
measurable goals and objectives aimed at ensuring that all
schools served by the LEA have a drug-free, safe, and
orderly learning environment, and has designed its program
to meet those goals and objectives; (3) the LEA has
designed and will implement its programs for youth based on
research or evaluation that provides evidence that the
program to be used will prevent or reduce drug use,
violence, delinquency, or disruptive behavior among youth;
and (4) the LEA will evaluate its program periodically to
assess its progress toward achieving its goals and
objectives, and will use evaluation results to refine,
improve, and strengthen its program, and refine its goals
and objectives, as needed.
Section 4113(c) (2) (D) would depart from the current
statute to require SEAs to target their competitive awards
under section 4113 (c) (2) (A) to no more than 50 percent of
the LEAs in the State.
Section 4113 (c) (2) (E) would require SEAs to make their
competitive awards to LEAs under section 4113 (c) (2) of
sufficient size to support high-quality, effective programs
and activities that are designed to create safe,
disciplined, and drug-free learning environments in schools
and that are consistent with the needs, goals, and
objectives identified in the State's plan under section
4112.
Section 4113 (c) (3) (A) would depart from the statute to
permit SEAs to use up to 10 percent of their total SDFSC
State grant funding for non-competitive awards to LEAs with
the greatest need for assistance, as described in section
4113 (c) (2) (B), that did not receive a competitive award
under section 4113 (c) (2) (A). LEA's would be eligible to
receive only one subgrant under this paragraph.
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Section 4113(c) (3) (B) would require, for
accountability purposes, that in order for an SEA to make a
non-competitive award to an LEA under section
4113 (c) (3) (A)
I the SEA must (1) assist the LEA in meeting
the information requirements under section 4116(a)
pertaining to LEA needs assessment, results-based
performance measures, comprehensive safe and drug-free
schools plan, evaluation plan, and assurances, and
(2) provide continuing technical assistance to the LEA to
build its capacity to develop and implement high-quality,
effective programs consistent with the principles of
effectiveness in section 4113 (c) (2) (C) (ii) .
Section 4113 (c) (4) (A) would depart from the current
statute to permit SEAs to use up to 2 percent of their
total SDFSC State grant funding or $50,000, whichever is
greater, to provide emergency intervention services to
schools and communities following a traumatic crisis, such
as a shooting or major accident that has disrupted the
learning environment, and explicitly authorize that such
services may be provided directly by the SEA or through
subgrants or contracts.
Section 4113(c) (4) (B) would specify that the emergency
services and activities authorized under Section 4113(c) (4)
include (1) helping school personnel assess the situation,
including the resources available to address the crisis;
(2) developing a response plan to coordinate services from
the Federal, State, and local levels; (3) providing short-
term and long-term mental health crisis counseling to
students, teachers, and others in need of such services;
(4) increasing school security; and (5) providing such
other services, including coordination services, as
necessary.
Section 4113(d) - Project Periods and Reallocations.
Section 4113(d) (1) would depart from the current statute to
provide that LEA awards under section 4113(c) be for a
project period not to exceed three years, and require that,
in order to receive funds under section 4113 for the second
or third year of a pr0ject, the LEA demonstrate to the
satisfaction of the SEA that the LEA's project is making
reasonable progress toward its performance indicators under
section 4116 (a) (3) (c) .
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Section 4113(d) (2) would make technical changes to the
local reallocation provisions in the current statute
consistent with the changes proposed in section 4113, by
providing that an SEA may require LEAs to return funds
awarded to them under this section that they have not
expended within one year of the date of the subgrant, and
may award such recovered funds to other LEAs with the
greatest need for them either (1) through a new
competition, (2) by funding high-quality applications that
were not funded in a previous competition, or (3) by making
supplemental awards to current subgrant recipients.
LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS
Section 4114(a) - Principles of Effectiveness.
Section 4114(a) would depart from the current statute to
require that each LEA that receives SDFSC State grant
funding under section 4113(c) use those funds to support
research-based, drug and violence prevention services and
activities that are consistent with the principles of
effectiveness in section 4113 (c) (2) (C) (ii) .
Section 4114(b) - Other Authorized Activities.
Section 4114(b) (1) would permit an LEA that receives SDFSC
State grant funding under section 4113(c) to use those
funds for activities other than research-based programming,
so long as the LEA meets the requirements in section
4114(a), and those additional activities are carried out in
a manner that is consistent with the most recent relevant
research and with the purposes of this title. Section
4114 (b) (1) of the bill also includes an illustrative list
of 12 such activities.
Section 4114(b) (2) would retain the 20 percent cap on
SDFSC State grant funds that LEAs may spend for the
acquisition or use of metal detectors and security
personnel, but permit SEAs to waive this cap for an LEA
that demonstrates to the satisfaction of its SEA, in its
application for funding under section 4116, that it has a
compelling need to do so.
GOVERNOR'S PROGRAMS
Section 4115(a) - Allocation of Funds. Section
4115(a) would retain the requirement in the current law
that 20 percent of the funds allocated to each State under
section 4111(b) be awarded to the Governor, but depart from
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the current statute, consistent with the revised statement
of purpose in section 4003, by requiring the Governor to
use these funds to support community efforts that directly
complement the efforts of LEAs to foster drug-free, safe,
and orderly learning environments for learning in and
around schools.
Section 4115(b) - State-Level Activities. Sections
4115(b) (1) through 4115(b) (3) would depart from the current
statute by establishing a new authority requiring Governors
to reserve between 10 percent and 20 percent of their
allocations under section 4115(a) for State-level
activities. Under this new authority, Governors may
reserve up to 20 percent, but not less than 10 percent, of
their total allocations under section 4115(a) to plan,
develop, and implement, jointly with the SEA, capacity
building and technical assistance and accountability
services to support the effective implementation of local
drug and violence prevention activities throughout the
State and promote program accountability and improvement,
as described in section 4113(b) (4). Within this 20 percent
cap, but in addition to the 10 minimum for State-level
activities, the bill would retain the language in the
current law authorizing the Governors to use up to
5 percent of their total funding (i.e., up to 25 percent of
the amount they reserve for State-level activities) for
program administration, with minor changes clarifying that
these administrative costs may be direct or indirect.
Section 4115(c) - Local Level Activities. Section
4115(c) (1) (A) would dep~rt from the current statute to
specify that a Governor must use at least 80 percent of its
SDFSC State grant funding under section 4111(b) to make
competitive subgrants to community-based organizations,
LEAs, and other public entities and private non-profit
organizations to support community efforts that directly
complement the efforts of LEAs to foster drug-free, safe,
and orderly learning environments in and around schools.
Section 4115(c) (1) (B) would depart from the current statute
to require that, to be eligible. for a subgrant under this
section, an applicant (other than a LEA applying on its own
behalf) must include in its application its written
agreement with one or more LEAs, or one or more schools
within a LEA, to provide services and activities in support
of such LEAs or schools, as well as an explanation of how
those services and activities will complement or support
the LEAs' or schools' efforts to provide a drug-free, safe,
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and orderly school environment. Section 4115(c) (1) (C) would
depart from current law to require Governors to base the
competition conducted under section 4115 (c) (1) (A) on (1)
the quality of the applicant's proposed program and how
closely it is aligned with the principles of effectiveness
described in section 4113 (c) (2) (C) (ii), and (2) on
objective criteria, determined by the Governor, on the
needs of the schools or LEAs to be served.
Section 4115 (c) (1) (0) would change current law to
clarify that subgrants made by Governors under
section 4115(c) may support community efforts on a
Statewide, regional, or local basis and may support the
efforts of LEAs and schools that do not receive SOFSC State
grant funds.
Section 4115 (c) (2) (A) would change the statute to
require that recipients under section 4115(c) to use those
funds generally to support research-based, drug and
violence prevention services and activities that are
consistent with the principles of effectiveness in section
4113 (c) (2) (C) (ii) .
Section 4115 (c) (2) (E) would change the statute to
permit a Governor's award recipient under section 4115(c)
to use those funds for activities other than research-based
programming, provided that these additional activities are
carried out in a manner that is consistent with the most
recent relevant research and with the purposes of this
title. Section 4115 (c) (2) (E) also includes an illustrative
list of 5 such activities.
LOCAL APPLICATIONS
Section 4116 - Application Contents. Section
4116(a) (1) would: (1) retain language in current statute,
with minor technical changes, requiring applicants for
subgrants from the SEA to submit an application that meets
the requirements in section 4116(a) (3) to the SEA at such
time, and includes such other information, as the SEA may
require; and (2) add a corresponding requirement not in the
current statute, requiring applicants for subgrants from
the Governor to submit an application that meets the
requirements in section 4116(a) (3) to the Governor at such
time, and includes such other information, as the Governor
may require.
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Section 4116 (a) (2) (A) would retain language in the
current statute requiring LEAs applying for SEA subgrants
under section 4113 (c) (2), 4113 (c) (3), and 4115 (c) to
develop their applications in consultation with a local or
regional advisory council that includes, to the extent
possible, representatives of local government, business,
parents, students, teachers, public school personnel,
mental health service providers, appropriate State
agencies, private schools, law enforcement, community-based
organizations, and other groups interested in, and
knowledgeable about, drug and violence prevention.
Section 4116 (a) (2) (B) would add language to the
current law to require entities other than LEAs applying
for 6ubgrants under the Governor's program authorized by
section 4115(c) to develop their applications in
consultation with the schools or LEAs to be served, and to
the extent practicable, with the representatives described
in section 4116 (a) (2) (A) .
Section 4116(a) (3) would: (1) make technical changes
to strengthen the LEA application requirements that apply,
under current law, to the SEA formula grant program by
increasing the emphasis in the application on the
applicant's need for assistance and the quality of its
proposed programming; and (2) make this revised set of
requirements applicable to LEAs that apply to SEAs under
the proposed new competitive subgrant authority in section
4113 (c) (2) or the new non-competitive subgrant authority in
section 4113(c) (3), as well as to LEAs that apply to
Governors under the subgrant authority in section 4115(c)
Section 4116(a) (4) would depart from the current
statute by adding the requirement that each LEA (or
consortium of LEAs, if applying jointly) that applies to
its SEA under the proposed new competitive subgrant
authority in section 4113(c) (2), or new non-competitive
subgrant authority in se~tion 4113(c) (3), include in its
application assurances that it: (1) has a policy
prohibiting the use of tobacco by students and adults at
all times in school buildings and on school grounds,
consistent with the Tobacco-Free Schools Act; (2) has a
policy, consistent with State law, that requires the
expulsion of students who possess a firearm at school
consistent with the Gun-Free Schools Act; (3) has, or will
have, a full- or part-time program coordinator whose
primary responsibility is planning, designing,
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lit
implementing, and evaluating the applicant's programs
(unless the applicant demonstrates in its application, to
the satisfaction of the SEA, that such a program
coordinator is not needed); (4) will evaluate its program
every two years to assess its progress toward meeting its
goals and objectives, and will use the results of its
evaluation to improve its program and refine its goals and
objectives, as needed; (5) will provide for an annual
school safety and drug use report card, as required by
section 4117(d); and (6) has, or the schools to be served
have, a comprehensive Safe and Drug-Free Schools plan that
includes: (a) appropriate and effective discipline
policies that prohibit disorderly conduct and the illegal
use, possession, distribution, and sale of tobacco,
alcohol, and other drugs by students, and that mandate
predetermined consequences, sanctions, or interventions for
specific offenses; (b) school security procedures at school
and while students are on the way to and from school; (c)
early intervention and prevention activities designed to
create and maintain safe, disciplined, and drug-free
environments; (d). school readiness and family involvement
activities; (e) improvements to classroom management and
school environment, such as efforts to reduce class size or
improve classroom discipline; and (f) arrangements for
referring troubled youth to juvenile justice and other
community resources, as appropriate, and responding to a
violent or traumatic crisis that disrupts the learning
environment.
Section 4116(a) (5) would depart from the current
statute by adding a requirement that any eligible entity
that applies to the Governor for a subgrant under section
4115(c) include in its application: (1) a description of
how the services and activities to be supported will be
coordinated with relevant SDFSC State grant programs that
are supported by SEAs, including how recipients will share
resources, services, and data; (2) a description of how the
applicant will coordinate its activities under this part
with those implemented under the Drug-Free Communities Act,
if any; and (2) an assurance that it will evaluate its
program every two years to assess its progress toward
meeting its goals and objectives, and will use the results
of its evaluation to improve its program and refine its
goals and objectives as needed (if the applicant is not an
LEA), or the assurances under section 4116 (a) (4), if the
applicant is an LEA.
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Section 4116(b) would modify the language in the
current statute that requires Governors to use a peer
review process in reviewing local applications for SDFSC
State grants, by giving Governors the flexibility to use
other methods to ensure that applications under section
4116 are funded on the basis of need and quality, while
requiring State educational agencies to use a peer review
process.
NATIONAL EVALUATIONS AND DATA COLLECTIONS
Section 4117(a) - National Evaluations. Section
4117(a) would make minor technical changes to current law
to give the Secretary increased flexibility in meeting the
national evaluation and data collection requirements in
this section, and add a new requirement for the Secretary
of Education and the Attorney General to publish an annual
report on school safety.
Section 4117 (b) - State Reports. Section 4117(b) (1)
would make minor technical changes to the current law to
refocus the State reports required by this section on the
State's progress toward attaining its performance
indicators for achieving drug-free, safe, and orderly
learning environments in its schools, consistent with the
changes proposed throughout Part A oJ the statute.
Section 4117(b) (2) would add a new requirement for
States to report, in such form as the Secretary, in
consultation with the Secretary of Health and Human
Services, may require, all school-related suicides and
homicides within the State, whether at school or at a
school sponsored funct"ion, or on the way to or from school
or a school-sponsored function, within 30 days of incident.
This requirement will enable the Federal Government to
collect longitudinal data on this statistic less
expensively than it does currently by collecting these data
retrospectively from multiple sources, and will impose
little administrative burden on the States.
Section 4117(c) - Local Reports. Section
4117(c) (1) (A) would make minor technical changes to the
current law to refocus the local reports required by this
section on the LEA's progress toward attaining its
performance indicators for achieving drug-free, safe, and
orderly learning environments in its schools, consistent
with the changes proposed for the corresponding State
16
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reports under section 4117(a), and would add a new
requirement that the LEA include in this report a statement
of any problems the LEA has encountered in implementing its
program that warrant the provision of technical assistance
by the SEA, to assist the SEA in planning its technical
assistance activities. These changes would apply to LEAs
that receive SDFSC subgrants through their SEA under
section 4113 (c) (2) or 4113 (c) (3) .
Section 4117 (c) (1) (E) would add new language to the
statute requiring SEAs to review the annual LEA reports
required under section 4117 (c) (1) (A), and to terminate
funding for the second or third year of an LEA's program
unless it determines that the LEA is making reasonable
progress toward meeting its objectives.
Section 4117(c) (2) (A) would add new language to the
statute requiring that Governors' award recipients under
section 4115(c) submit an annual progress report to the
Governor and to the public containing the same type of
information required for LEA progress reports under section
4117 (c) (1) (A) .
Section 4117(c) (2) (E) would add new language to the
statute requiring Governors to review the annual progress
reports required under section 4117(c) (2) (A), and to
terminate funding for the second or third year of a
subgrantee's program unless it determines that the
subgrantee is making reasonable progress toward meeting its
objectives.
Section 4117(d) would add new language to the statute
requiring each LEA receiving SDFSC State grant funds to
provide to the SEA and the public an annual school-level
report card for each of its schools that includes (1) the
number of violations of school policies during the previous
year for alcohol, marijuana, tobacco, weapons, fights, and
attacks on teachers, and (2) information on the sanctions
that were imposed for each type of violation, including
information about numbers of expulsions, suspensions,
referrals to alternative placements, transfers, and other
consequences.
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PART B - NATIONAD PROGRAMS
NATIONAL ACTIVITIES
Section 4211(a) - Program Authorized. Section
4211 (a) (1) would retain the language in the current
statute, with changes, to authorize the Secretary to use
National Programs funds for programs to promote drug-free,
safe, and orderly learning environments for students at all
educational levels, from preschool through the
postsecondary level and for programs that promote lifelong
physical activity.
Section 4211(b) (1) would retain the language in the
current statue, with minor technical changes, to authorize
the Secretary to carry out the National Programs authorized
under section 4211(a) directly, or through grants,
contracts, or cooperative agreements with public and
private organizations and individuals, or through
agreements with other Federal agencies, and to coordinate
with other Federal agencies as appropriate.
Section 4211(b) (2) would change the current statute to
streamline the list of authorized National Programs
activities - which are illustrative and not definitive - to
the following: (a) programs to train teachers in
innovative techniques and strategies of effective drug and
violence prevention; (b) research and demonstration
projects to test innovative approaches to drug and violence
prevention; (c) evaluations of the effectiveness of
programs funded under this title, and of other programs
designed to create safe, disciplined, and drug-free
environments; (d) direct services and technical assistance
to schools and schools systems, including those afflicted
with especially severe drug and violence problems; (e)
developing and disseminating drug and violence prevention
materials and information in print, audiovisual, or
electronic format, including information about effective
research-based programs, policies, practices, strategies,
and curriculum and other relevant materials to support drug
and violence prevention education; (f) recruiting, hiring,
and training program coordinators to assist school
districts in implementing high-quality, effective,
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research-based drug and violence prevention programs; (g)
the development and provision of education and training
programs, curricula, instructional materials, and
professional training for preventing and reducing the
incidence of crimes or conflicts motivated by bullying,
hate, prejudice, intolerance, or sexual harassment and
abuse; (h) programs for youth who are out of the education
mainstream, including school dropouts, students who have
been suspended or expelled from their regular education
program, and runaway or homeless children and youth; (i)
programs implemented in conjunction with other Federal
agencies that support LEAs and communities in developing
and implementing comprehensive programs that create safe,
disciplined, and drug-free learning environments and
promote healthy childhood development; (j) services and
activities that reduce the need for suspension and
expulsion in maintaining classroom order and discipline;
(k) services and activities to prevent and reduce truancy;
and (1) other activities that meet emerging or unmet
national needs consistent with the purposes of this title.
Section 4211(c) (1) would authorize the Secretary to
carry out programs for students that promote lifelong
physical activity directly, or through grants, contracts,
or cooperative agreements with public and private
organizations and individuals, or through agreements with
other Federal agencies, and to coordinate with the Centers
for Disease Control and Prevention, the President's Council
on Physical Fitness, and other Federal agencies as
appropriate.
Section 4211(c) (2) would illustrate a list of programs
that could be carried out to support school-based reform
efforts to promote lifelong physical activity. These
include: the conduct of demonstrations of school-based
programs that promote lifelong physical activity, with a
particular emphasis on physical education programs that are
a part of a coordinated school health programs; training,
technical assistance, and other activities to encourage
States and local educational agencies to implement sound
school-based programs that promote lifelong physical
activity; and activities designed to build State capacity
to provide leadership and strengthen schools capabilities'
to provide school-based programs that promote lifelong
physical activity.
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Section 4211(d) - Peer Review. Section 4211(b) would
retain the requirement, in the current statute, that the
Secretary use a peer review process in reviewing
applications for funds under section 4211(a).
PART C - SCHOOL EMERGENCY RESPONSE TO VIOLENCE
Section 4311 (a) - Project SERVo Section 4311 (a) (1)
would add new language to the statute authorizing the
Secretary to carry out a program named "Project SERVo for
providing education-related services to LEAs in which the
learning environment has been disrupted due to a violent or
traumatic crisis, such as a shooting or major accident.
Section 4311(a) (2) would add new language to the
statute authorizing the Secretary to carry out Project SERV
directly, or through contracts, grants, or cooperative
agreements with public and private organizations and
individuals, or through agreements with other Federal
agencies.
Section 4311(b) - Authorized Activities. Section
4311(b) would add new language to the statute authorizing
Project SERV to provide (a) assistance to school personnel
in assessing a crisis situation, including assessing the
resources available to the LEA and community in response to
the situation, and developing a response plan to coordinate
services provided at the Federal, State, and local level;
(b) mental health crisis counseling to students and their
families, teachers, and others in need of such services;
(c) increases school security; (d) training and technical
assistance for SEAs and LEAs, State and local mental health
agencies, Stat~ and local law enforcement agencies, and
communities to enhance their capacity to develop and
implement crisis intervention plans; (e) services and
activities designed to identify and disseminate the best
practices of school- and community-related plans for
responding to crises; and (f) other needed services and
activities that are consistent with the purposes of Project
SERVo
Section 4311(b) would add new language to the statute
providing that the Secretary of Education, in consultation
with the Attorney General, the Secretary of Health and
Human Services, and the Director of the Federal Emergency
Management Agency, shall establish criteria and application
requirements as may be needed to select which LEAs are
20
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assisted under Project SERV, and may establish reporting
requirements as may be needed to collect uniform data and
other information from all LEAs assisted under Project
SERVo
Section 4311 (c) (1) would add new language to the
statute requiring the establishment of a Federal
Coordinating Committee on school crises comprised of the
Secretary (who shall serve as chair of the Committee), the
Attorney General, the Secretary of Health and Human
Services, the Director of the Federal Emergency Management
Agency, the Director of the Office of National Drug Control
Policy, and such other members as the Secretary shall
determine.
Section 4311 (c) (2) would add new language to the
statute charging the Federal Coordinating Committee on
school crises established under section 4311(c) (1) with
coordinating the Federal responses to crises that occur in
schools or directly affect the learning environment in
schools.
PART D - RELATED PROGRAMS
GUN-FREE SCHOOLS ACT
Section 4411 - Short Title. Section 4411 would rename
section 4411 of the ESEA as the Gun-Free Schools Act. The
Gun-Free Schools Act is currently authorized under Part F
of Title XIV of the ESEA, and is proposed to be moved to
Title IV because of its close relationship with the SDFSC
program.
Section 4411 (b) - Requirements. Section 4411 (b) (1)
would restate, with minor technical changes, the language
in the current Gun-Free Schools Act requiring (1) that each
State receiving Federal funds under the ESEA have in effect
a State law requiring LEAs to expel from school, for a
period of not less than one year, a student who is
determined to have possessed a firearm at school under the
jurisdiction of the LEA in that State, and (2) that such
State law allows the chief administering officer of that
LEA to modify the expulsion requirement for a student on a
case-by-case basis.
Section 4411 (b) (2) would restate the definition of the
term "firearm" as used in the current Gun-Free Scho6ls Act.
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Section 4411(c) - Special Rule. Section 4411(c) would
restate the language in the current Gun-Free Schools Act
requiring that the provisions of section 4411 be construed
in a manner consistent with the Individuals with
Disabilities Education Act.
Section 4411(d) - Report to State. Section 4411(d)
would restate, with minor changes, the local reporting
requirements in the current Gun-Free Schools Act to require
each LEA requesting assistance from the SEA under the ESEA
to provide to the State in its application: (1) an
assurance that such LEA is in compliance with the State law
required by section 4411(b); and (2) a description of the
circumstances surrounding any expulsions imposed under the
State law required by section 4411(b), including (a) the
name of the school concerned; (b) the number of students
expelled from such school (disaggregated by gender, race,
ethnicity, and educational level), and (c) type of weapons
concerned.
Section 4411(e) - Reporting. Section 4411(e) would
restate the requirement in the current Gun-Free Schools Act
that each State report the information described in section
4411(d) to the Secretary on an annual basis.
LOCAL POLICIES
Section 4412(a) - Required Policies. Section
4412(a) (1) would restate, with minor technical changes, the
language in the current law (in ESEA section 14602(a))
requiring that no funds be made available under the ESEA to
any LEA unless it has a policy requiring referral to the
criminal justice or juvenile delinquency system of any
student who possesses a firearm at a school served by such
agency.
Section 4412(a) (2) would add an additional, new
requirement under section 4412 that no funds may be made
available under the ESEA to any LEA unless it also has a
policy requiring that any student referred to the criminal
justice or juvenile delinquency system under section
4412 (a) (1) for possessing a firearm at school, also be
referred to a mental health professional for assessment as
to whether the student poses an imminent threat of harm to
himself or others and needs appropriate mental health
services before readmission to school.
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Section 4412 (a) (3) would add an additional, new
requirement under section 4412 that any student who is
expelled for possession of a firearm at school be provided
services to the extent necessary to enable the student to
progress appropriately in the general curriculum.
Section 4412(b) - Special Rule. Section 4412(b)
would restate the language in the durrent Gun-Free Schools
Act requiring that the provisions of section 4412 be
construed in a manner consistent with the Individuals with
Disabilities Education Act.
Section 4412(b) - Definitions. Section 4412(b) would
restate the definitions of the terms "firearm" and "school"
in the current ESEA (in section 14602(b)) so that these
definitions apply to the changes proposed in section 4412.
MATERIALS
Section 4413(a) - "Wrong and Harmful Message".
Section 4413(a) would restate the language in the current
law (in ESEA section 4132(a)) requiring that drug
prevention programs supported under ESEA Title IV convey a
clear and consistent message that the illegal use of
alcohol and other drugs is wrong and harmful.
Section 4413(b) - Curriculum. Section 4413(b) would
restate, with minor technical changes, the language in the
current law (in ESEA section 4132(b)) to clarify that the
Secretary shall not prescribe the use of particular
curricula for programs under ESEA Title IV, but may
evaluate and disseminate information about the
effectiveness of such curricula and programs.
PROHIBITED USES OF FUNDS
Section 4414 - Prohibited Uses. Section 4414 would
restate the language in the current law (in ESEA section
4133) that no funds under ESEA Title IV may be used for (1)
construction (except for minor remodeling needed to
accomplish the purposes of this part), and (2) medical
services, drug treatment or rehabilitation, except for
pupil services or referral to treatment for students who
are victims of, or witnesses to, crime or who use alcohol,
tobacco, or drugs.
23
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TOBACCO-FREE SCHOOLS
Section 4415(a) - Required Policy. Section 4415(a)
would add new language to the ESEA requiring that each SEA
and LEA that receives ESEA funds have a policy that
prohibits the use of tobacco, in any form, at any time, and
by any person, in school buildings, on school grounds, or
at any school-sponsored event. This language would replace
similar language under current law in the Pro-Children Act
of 1994 (Title X, Part B of the Goals 2000: Educate America
Act) that (1) generally prohibits smoking in schools or
other indoor facilities where services are provided to
children that are supported with Federal funds from the
Departments of Education, Health and Human Services, or
Agriculture, and (2) authorizes civil penalties for persons
who violate such prohibition. The proposed new language
would also impose more stringent requirements than the Pro-
Children Act, in that: (1) the Pro-Children Act pertains
only to smoking, whereas the proposed new language would
prohibit smoking as well as the use of smokeless tobacco in
schools; and (2) the Pro-Children Act prohibitions on
smoking pertain to indoor facilities only and apply only
during the school day, whereas the proposed new language
would prohibit the use of tobacco on school grounds as well
as in school buildings, at any time, or at any school-
sponsored event. In accordance with this new language in
section 4415, section 402 of this bill would amend the Pro-
Children Act so it does not apply to schools or other
facilities providing services to children funded by the
Department of Education.
Section 4415(b) - Assurance. Section 4415(b) would
add language to the current law requiring each LEA
requesting assistance under the ESEA to include in its
application for funding an assurance that it is in
compliance with the requirements of section 4415(a) .
Section 4415(c) - State Reporting. Section 4415(c)
would add language to the current law requiring each SEA to
report to the Secretary on an annual basis if any of its
LEAs is not in compliance with the requirements of
section 4415(a).
Section 4415(d) - Short Title. Section 4415(d) would
add language to the current law providing that section 4415
may be cited as the "Tobacco-Free Schools Act."
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PROHIBITION OF SUPPLANTING
Section 4416 - Supplanting Prohibited. Section 4416
would add language to the current law that was
inadvertently left out of the 1994 reauthorization,
requiring that funds under this title be used to increase
the level of State, local, and other non-Federal funds that
would, in the absence of funds under this title, be made
available for programs and activities authorized under this
title, and in no case to supplant such State, local, and
other non-Federal funds.
DEFINITION OF TERMS
Section 4417 - Definitions. Section 4417 would
restate the definitions in the current law for the terms
"drug and violence prevention" and "hate crime," and
definitions for the terms "drug treatment and drug
rehabilitation" and "medical services" to give these terms
specific meaning under this title.
ENVIRONMENTAL TOBACCO SMOKE
Section 402 of the bill would amend the Pro-Children
Act (Part H of Title X of the Goals 2000: Educate America
Act) so it does not apply to schools or other facilities
providing services to children funded by the Department of
Education, because the education provisions of the Pro-
Children Act would be superceded by the Tobacco-Free
Schools Act proposed under ESEA section 4415.
25
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DRAFT-4/20/99
2
3 "TITLE IV - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT"
4
5 SEC. 401. Title IY of the Elementary and Secondary
6
7 Education Act of 1965 is amended to read as follows:
8
9 "TITLE IV - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
10
11 "SHORT TITLE
12
13 "SEC. 4001. SHORT TITLE. This title may be cited as
14
15 the 'Safe and Drug-Free Schools and Communities Act.'
16
17 "FINDINGS
18
19 "Sec. 4002. FINDINGS. The Congress finds that:
20 "(1) Safe and Drug-Free Schools and Communities
21 Programs support achievement of Goal One of the National
22 Drug Control Strategy - to educate and enable America's
23 youth to reject illegal drugs, as well as alcohol and
24 tobacco - and Goal Seven of America's Education Goals -
25 that every school in the United States will be free of
26 drugs, violence, and the unauthorized presence of firearms
27 and alcohol.
28 "(2) It is essential for schools to provide a
29
30 drug-free, safe, and orderly learning environment for all
31
32 students, if all students are to live healthy lives and
33
34 achieve to high academic standards.
35
36 "(3) Student drug use and school violence are
37
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serious educational and public health concerns.
2
3
4 " (4) Safe and Drug-Free Schools and Communities
5
6 programs are most likely to be effective when they are
7
8 based on a thorough assessment of objective data about the
9
10 drug and violence problems in schools and communities, are
11
12 designed to meet measurable goals and objectives, are based
13
14 on sound research or evaluation findings, and are evaluated
15
16 regularly and held accountable for results.
17
18 " (5) Safe and Drug-Free Schools and Communities
19
20 program resources should be targeted at the local level to
21
22 projects in areas that demonstrate need for the funds, have
23
24 developed the best strategic plans for using the funds, and
25
26 are committed to being accountable for results.
27
28 "(6) A significant number of students are
29
30 suspended or expelled from school each year or are truant
31
32 and receive no educational services while they are out of
33
34 school.
35
36
37 "(7) Lifelong physical activity contributes to
38 students' well-being, and, consistent with the second of
39 America's Education Goals, it is appropriate for the
40 Federal government to help strengthen State and local
41 efforts in this area.
42
2
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"PURPOSE
2 "Sec. 4003. DECLARATION OF PURPOSE. The purpose of
3 this title is to support programs for creating and
4 maintaining drug-free, safe, and orderly environments for
5 learning in and around schools, by awarding Federal
6 financial assistance to-
7 " (1) State educational agencies for competitive
8 awards to local educational agencies with a demonstrated
9 need for services and the highest quality proposed
10 programming;
11 "(2) Governors for competitive awards to local
12 educational agencies, as well as community-based
13 organizations and other public entities and nonprofit
14 organizations, for programs that complement and support
15 local educational agency programs;
16 " (3 ) State educational agencies and Governors
17 for capacity-building, and technical assistance and
18 accountability services and activities to improve the
19 ~ffectiveness of, and institutionalize, State and local
20 Safe and Drug-Free Schools and Communities programs; and
21 " (4) Public and private organizations, and
22 individuals, for training programs, demonstrations,
23 evaluations, research projects, direct services, and
24 technical assistance to schools and school systems,
3
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developing and disseminating materials and information,
2 drug and violence prevention programs at the postsecondary
3 level, and other activities related to the purposes of this
4 title.
5
6 "AUTHORIZATION OF APPROPRIATIONS
7 "SEC. 4004. AUTHORIZATION. There are authorized to
8 be appropriated-
9 "(1) such sums as may be necessary for fiscal
10 year 200'1 and each of the four succeeding fiscal years to
11 carry out Part Ai
12 "(2) such sums as may be necessary for fiscal
13 year 2001 and each of the four succeeding fiscal years to
14 carry out Part Bi and
15 "(3) such sums as may be necessary for fiscal
16 year 2001 and each of the four succeeding fiscal years to
17 carry out Part C.
18
19 "PART A - STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION
20 PROGRAMS
21 "RESERVATIONS AND ALLOTMENTS
22 "Sec. 4111 (a) RESERVATIONS.-(l) From the amount
23 made available under section 4004(1) to carry out this Part
24 for each fiscal year, the Secretary-
4
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"(A) shall reserve 1 percent of such amount
2 for grants under this Part to Guam, America Samoa, the
3 Virgin Islands, and the Commonwealth of the Northern
4 Mariana Islands, to be allotted in accordance with the
5 Secretary's determination of their respective needs;
6 " (B) shall reserve 1 percent of such amount
7 for the Secretary of the Interior to carry out programs for
8 Indian youth;
9 " (C) shall reserve 0.2 percent of such
10 amount for programs for Native Hawaiians; and
11 "(D) may reserve not more than $2,000,000
12 for evaluation activities required by section 4117(a).
13 " (2) (A) (i) Funds reserved under paragraph (1) (A)
14 may not be consolidated under the provisions of Title V of
15 Pub. L. 95 - 134 .
16 "(ii) The Governor of Guam, America
17 Samoa, the Virgin Islands, or the Commonwealth of the
18 Northern Mariana Islands may direct the Secretary to
19 consolidate the Governor's share of funds under this Part
20 with the State educational agency's share and award the
21 consolidated amount to the State educational agency for
22 administration in accordance with the requirements of this
23 Part applicable to State educational agencies.
5
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"(iii) Funds reserved under paragraph
2 (1) (A) shall be used to carry out programs and activities
3 that-
4 "(I) are authorized by this Part
5 and are implemented in a manner that is consistent with the
6 program requirements under section 4114; and
7 "(II) are subject to the
8 application requirements under section 4112(a).
9 " (B) Funds reserved under paragraph (1) (B)
10 shall be used to carry out programs and activities
11 authorized by this Part that meet the needs of Native
12 American youth and that are implemented in a manner that is
13 consistent with the program requirements under section
14 4114.
15 " (e) (i) Funds reserved under paragraph
16 (1) (e) shall be used by the Secretary to award grants or
17 contracts to organizations primarily serving or
18 representing Native Hawaiians to carry out programs and
19 activities authorized by this Part that meet the needs of
20 Native Hawaiian youth and that are implemented in a manner
21 that is consistent with the program requirements under
22 section 4114.
23 "(ii) Recipients of funds reserved
24 under paragraph (1) (e) shall coordinate their programs and
6
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activities with programs and activities under this Part
2 carried out by the State educational agency of Hawaii.
3 "(iii) For the purposes of this section,
4 the term 'Native Hawaiian' has the same meaning as the term
5 is provided in section 9212 of the Elementary and Secondary
6 Education Act of 1965.
7 "(b) STATE ALLOTMENTS.-(l) Except as provided in
8 paragraph (2), the Secretary shall, for each fiscal year,
9 allocate among the States-
10 "(A) one-half of the remainder not reserved
II under subsection (a) according to the ratio between the
12 school-aged population of each State and the school-aged
13 population of all the States; and
14 "(B) one-half of such remainder according
IS to the ratio between the amount each State received under
16 section 1122 of Part A of title I of the Act for the
17 preceding year and the sum of such amounts received by all
18 the States.
19 "(2) MINIMUM. For any fiscal year, no State
20 shall be allotted under this subsection an amount that is
21 less than one-half of one percent of the total amount
22 allotted to all the States under this subsection.
23 "(3) REALLOTMENT. The Secretary may reallott
24 any
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amount of any allotment to a State if the Secretary
2 determines that the State will be unable to use such amount
3 within two years of such allotment. Such reallotments shall
4 be made on the s~me basis as allotments are made under
5 paragraph ( 1) .
6 . "(4) DEFINITIONS. For the purposes of this
7 part-
8 "(A) the term 'State' means each of the 50
9 States, the District of Columbia, and the Commonwealth of
10 Puerto Rico; and
11 " (B) the term 'local education agency'
12 includes educational service agencies and consortia of such
13 agencies.
14
15 "STATE APPLICATIONS
16 "Sec. 4112. (a) STATE APPLICATION. In order to
17 receive an allotment under section 4111(b) for any fiscal
18 year, a State shall submit to the Secretary, at such time
19 and in such manner as the Secretary may require, as-year
20 application that-
21 " (1) is submitted jointly by the Governor and
22 the State educational agency of the State;
23 "(2) contains a description of how funds under
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this part will be coordinated with other programs under
2 this Act and with other Federal education and drug
3 prevention programs;
4 " (3 ) contains a comprehensive plan for the use
5 of funds by the State educational agency and the Governor
6 to provide safe, orderly, and drug-free school environments
7 that includes-
8 "(A) the results of the State's needs
9 assessment for drug and violence-prevention programs, which
10 shall be based on the results of ongoing State evaluation
11 activities and include data on the prevalence of drug use
12 and violence by youth in schools and communities in the
13 State;
14 "(B) a list of the State's results-based
15 performance measures for drug and violence prevention,
16 which shall-
17 "(i) be focused on student behavior
18 and attitudes and derived from the needs assessment;
19 "(ii) be selected from a core set of
20 indicators that the Secretary shall develop in consultation
21 with State and local officials;
22 "(iii) include targets and due dates
23 for the attainment of these indicators; and
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" (i v) include a description of the
2 procedures the State will use to inform local educational
3 agencies of the State's results-based performance measures
4 for drug and violence prevention for assessing and publicly
5 reporting progress toward meeting these indicators, or
6 revising them as needed; and
7 " (v) include a description of how the
8 procedures described in subparagraph (C) and subparagraph
9 (D) will support the achievement of the State's results-
10 based performance measures.
11 "(C) a description of the procedures the
12 State educational agency will use for reviewing
13 applications and awarding funds to local educational
14 agencies on a competitive basis under section 4113(c),
15 including-
16 " (i) the objective criteria the State
17 educational agency will use for determining which local
18 educational agencies are eligible to compete for these
19 funds;
20 "(ii) the criteria the State
21 educational agency will use to assess the relative quality
22 of applications and demonstrated need for funding by these
23 local educational agencies;
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"(iii) the peer review process the
2 State educational agency will use to review applications;
3 "(iv) how the State educational agency
4 will ensure that the geographical distribution of awards
5 reflects the diversity of local educational agencies in the
6 State; and
7 "(v) how the State educational agency
8 and the Governor will coordinate these programs;
9 "(D) a description of the procedures,
10 including objective criteria, the State educational agency
11 will use for reviewing any applications and awarding any
12 funds to local educational agencies on a non-competitive
13 basis under section 4113 (c) (3) ;
14 "(E) a description of the procedures the
15 Governor will use to award funds to eligible applicants on
16 a competitive basis consistent with section 4115(c),
17 including-
18 "(i) the criteria the Governor will
19 use to assess the relative quality of applications and
20 demonstrated need for funding of eligible applicants;
21 "Iii) the peer review process the
22 Governor will use to review applications;
23 "(iii) how those funds will be used
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for community resources and activities that support local
2 educational agency programs to create drug-free, safe, and
3 disciplined learning environments in, and passageways to
4 and from schools; and
5 "(iv) how the Governor will ensure
6 that the geographic distribution of awards reflects the
7 diversity of local educational agencies in the State;
8 "(F) a description of how the State
9 educational agency and Governor will use the funds reserved
10 under section 4113(b) and 4115(b) for coordinated capacity-
11 building and technical assistance and program
12 accountabiiity services and activities at the State and
13 local levels, including how the State educational agency
14 and Governor will coordinate their activities with law
15 enforcement, health, mental health, and education programs
16 and officials at the State and local levels;
17 " (G) a description of how the State
18 educational agency and the Governor will monitor local
19 programs; and
20 " (H) a description of how the State
21 educational agency will ensure that local educational
22 agencies not receiving funds under this Part will be
23 provided technical assistance to improve their programs;
24 "(4) contains assurances that the application
12
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was d eve I ope d ln consu tatlon an coor lnatlon wlth
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2 appropriate State officials, including the head of the
3 State alcohol and drug abuse agency, the heads of the State
4 health and mental health agencies, the head of the State
5 criminal justice planning agency, the head of the State
6 child welfare agency, the head of the State board of
7 education, or their designees, and representatives of
8 parents, students, and community-based organizations; and
9 "(5) contains assurance that the State will
10 cooperate with, and assist the Secretary in conducting the
11 national impact evaluation of programs required by section
12 4117(a).
13 "(b) PEER REVIEW. The Secretary shall use a peer
14 review process in reviewing State applications under this
15 section.
16
17 "STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS
18 "Sec. 4113 (a) ALLOCATION OF FUNDS. In each fiscal
19 year, 80 percent of the total amount allocated to the State
20 under section 4111(b) shall be used by the State
21 educational agency and local educational agencies in the
22 State to carry out programs and activities in accordance
23 with this section that are designed to create and maintain
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drug- free, safe, and orderly environments for learning, in
2 and around schools in the State.
3 "(b) STATE LEVEL ACTIVITIES.-(l) A State educational
4 agency shall reserve not more'than 20 percent of the amount
5 described in subsection (a) for State level activities
6 described in paragraphs (2) and (4).
7 "(2) A State educational agency may use not more
8 than 5 percent of the amount described in subsection (a)
9 for the costs of carrying out its administrative
10 responsibilities under this part.
11 "(3) The State educational agency shall reserve
12 the remainder of the amount described in paragraph (1)
13 after application of paragraph (2), but not less than 10
14 percent of the amount described in subsection (a), for
15 State level activities described in paragraph (4).
16 "(4) (A) The State educational agency and the
17 Governor shall jointly use the amounts reserved under
18 paragraph (3) and section 4115(b) (3) to plan, develop, and
19 implement capacity building and technical assistance and
20 accountability services that are designed to support the
21 effective implementation of local drug and violence
22 prevention activities throughout the State and promote
23 program accountability and improvement.
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"(B) (i) The State educational agency and
2 Governor may carry out the services and activities
3 described in subparagraph (A) directly, or through
4 subgrants or contracts with public and private
5 organizations, as well as individuals.
6 "(ii) Except as provided under clause
7 (iii), the State educational agency and Governor shall, to
8 the extent practicable, use funds under this paragraph to
9 provide capacity building and technical assistance and
10 accountability services and activities to all local
11 educational agencies in the State, including those that do
12 not receive funds under this part.
13 "(iii) The State educational agency
14 and the Governor may use fund under this paragraph to
15 provide emergency intervention services to schools and
16 communities following a traumatic crisis, such as a
17 shooting, major accident, or drug-related incident that has
18 disrupted the learning environment.
19 "(C) For the purpose of this paragraph-
20 " (i) 'capacity building' means
21 activities to improve the knowledge, skills, and expertise
22 of State and local program staff needed to plan, implement,
23 and improve effective research-based programs; and
24 " (ii) 'technical assistance and
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accountability services' means activities designed to
2 improve State and local programs and activities under this
3 Part, including dissemination of information and curricula,
4 program evaluation, demonstration programs, peer review of
5 local educational agency applications, and evaluation
6 assistance, such as collecting, monitoring, and reporting
7 program indicator data.
8 \\(c) LOCAL-LEVEL ACTIVITIES.-(l) A State educational
9 agency shall use not less than 80 percent of the amount
10 described in subsection (a) for local-level activities
II described in paragraphs (2) and (3).
12 \\ (2) (A) A State educational agency shall use at
13 least 70 percent of the amount described in subsection (a)
14 to make competitive subgrants, consistent with subparagraph
15 (C) (i), to local educational agencies (or consortia of
16 local educational agencies) that the State educational
17 agency determines, based on objective data, have need for
18 assistance under this part.
19 \\ (B) In determining which local educational
20 agencies (or consortia) have need for assistance under this
21 Part, the State educational agency may consider such
22 factors as-
23 \\(i) high rates of alcohol, tobacco,
24 or drug use among youth;
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"Iii) high rates of victimization of
2 youth by violence and crime;
3 "(iii) high rates of arrest and
4 adjudication of youth for violent or drug- or alcohol-
5 related delinquency;
6 "(iv) high rates of bullying, hate-
7 related incidents, racial harassment, sexual harassment, or
8 sexual abuse;
9 "(v) high rates of referrals of youths
10 to drug and alcohol abuse treatment and rehabilitation
11 programs;
12 "(vi) high rates of referrals of
13 youths to juvenile court;
14 "(vii) high rates of expulsions and
15 suspensions of students from schools;
16 " (viii) high rates of reported cases
17 of child abuse and domestic violence;
18 " (ix) the extent of illegal gang
19 activity;
20 " (x) local fiscal capacity to fund
21 such programs without Federal assistance;
22 " (xi) the incidence of drug
23 paraphernalia in schools; and
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"(xii) high rates of drug-related
2 emergencies or deaths.
3 "(C) (i) The State educational agency shall
4 base the competition it conducts under subparagraph (A) on
5 the quality of the applicant's proposed program and how
6 closely it is aligned with the principles of effectiveness
7 described in clause (ii).
8 "Iii) For the purpose of this
9 subsection, the State educational agency shall use the
10 following principles of effectiveness:
11 "(I) The applicant's program is
12 based on a thorough assessment of objective data about the
13 drug and violence problems in the schools and communities
14 to be served.
15 "(II) The applicant has
16 established a set of measurable goals and objectives aimed
17 at ensuring that all schools served by the local
18 educational agency have a drug-free, safe, and orderly
19 learning environment, and has designed its programs to meet
20 those goals and objectives.
21 "(III) The applicant has designed
22 and will implement its programs for youth based on research
23 or evaluation that provides evidence that the program to be
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used will prevent or reduce drug use, violence,
2 delinquency, or disruptive behavior among youth.
3 "(IV) The applicant will evaluate
4 its program periodically to assess its progress toward
5 achieving its goals and objectives, and will use evaluation
6 results to refine, improve, and strengthen its program, and
7 refine its goals and objectives, as needed.
8 " (D) A State educational agency may make
9 subgrants under this paragraph to not more than 50 percent
10 of the local educational agencies in the State.
11 "(E) Subgrants under this paragraph shall
12 be of sufficient size to support high-quality, effective
13 programs and activities that are designed to create safe,
14 disciplined, and drug-free learning environments in schools
15 and that are consistent with the needs, goals, and
16 objectives identified in the State's plan under section
17 4112.
18 "(3) (A) A State educational agency may use not
19 more than 10 percent of the amount described in subsection
20 (a) to make non-competitive subgrants to local educational
21 agencies (or consortia of local educational agencies) with
22 the greatest need for assistance as described in paragraph
23 (2) (B) that did not receive a subgrant under (2) (A). A
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local educational agency may not receive more than one
2 subgrant under this paragraph.
3 "(B) A State educational agency shall not
4 make a subgrant to a local educational agency under this
5 paragraph unless it-
6 " (i) assists the local educational
7 agency in meeting the information requirements under
8 section 4116(a) pertaining to local educational agency
9 needs assessment, results-based performance measures,
10 comprehensive safe and drug-free schools plan, evaluation
11 plan, and assurances; and
12 "(ii) provides continuing technical
13 assistance to the local educational agency to build its
14 capacity to develop and implement high-quality, effective
15 programs consistent with the principles of effectiveness in
16 (c) (2) (C) (ii).
17 "(d) PROJECT PERIODS AND REALLOGATION.-(l) (A)
18 Subgrants under subsection (c) shall be for project periods
19 not to exceed three years.
20 "(B) In order to receive funds under this
21 section for the second or third year of the project, a
22 local educational agency shall demonstrate to the
23 satisfaction of the State educational agency that the local
24 educational agency's project is making reasonable progress
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toward its performance indicators under section
2 4116 (a) (3) (c) .
3 "(2) A State educational agency may require
4 local educational agencies to return funds awarded to them
5 under this section that they have not expended within one
6 year of the date of the subgrant, and may award such
7 recovered funds to other local educational agencies with
8 the greatest need for them-
9 "(A) through a new competition;
10 "(B) by funding high-quality applications
11 that were not funded in a previous competition; or
12 "(C) by making supplemental awards to
13 current subgrant recipients.
14
15 "LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS
16 "SEC. 4114 (a). PRINCIPLES OF EFFECTIVENESS. Each
17 local educational agency that receives a subgrant under
18 section 4113(c) shall use those funds to support research-
19 based, drug- and violence-prevention services and
20 activities that are consistent with the principles of
21 effectiveness described in section 4113 (c) (2) (C) (ii) .
22 "(b) OTHER AUTHORIZED ACTIVITIES.-(l) Each local
23 educational agency that receives a subgrant under section
24 4113(c) may also use those funds to carry out, in a manner
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that is consistent with the most recent relevant research,
2 other services and activities that are consistent with the
3 purposes of this title, such as-
4 "(A) staff training and development;
5 "(B) parental involvement and training;
6 "(C) community involvement activities;
7 "(D) law enforcement and security
8 activities that are related to school safety and drug use;
9 "(E) creating and maintaining safe zones of
10 passage to and from school to prevent violence and drug
11 trafficking;
12 "(F) counseling, mentoring, and referral
13 services, and other student assistance programs;
14 "(G) before- and after-school programs;
15 "(H) alternative education programs for
16 those students who have been expelled from their regular
17 education programs;
18 "(I) programs to assist students to reenter
19 the regular education program upon return from treatment or
20 alternative education settings;
21 "(J) services and activities that reduce
22 the need for suspension and expulsion in maintaining
23 classroom order and school discipline;
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"(K) services and activities to prevent and
2 reduce truancYi and
3 "(L) activities designed to prevent hate
4 crimes.
5 "(2) A local educational agency may not use more that
6 20 percent of its subgrant for the acquisition or use of
7 metal detectors and security personnel unless it
8 demonstrates in its application under section 4116 to the
9 satisfaction of the State educational agency that it has a
\0 compelHng need to do so.
11
12
13 "GOVERNOR'S PROGRAMS
14 "SEC. 4115 (a) ALLOCATION OF FUNDS. In each fiscal
15 year, 20 percent of the total amount allocated to the State
16 under section 4111(b) shall be used by the Governor to
17 support community efforts that directly complement the
18 efforts of local educational agencies to foster drug-free,
19 safe, and orderly learning environments in and around
20 schools.
21 " (b) STATE LEVEL ACTIVITIES.-(l) A Governor shall
22 reserve not more than 20 percent of the amount described in
23 subsection (a) for State level activities described in
24 paragraph (2) and section 4113 (b) (4) .
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"(2) A Governor may use not more than 5 percent
2 of the amount described in subsection (a) for costs, direct
3 or indirect, of carrying out the Governor's administrative
4 responsibilities under this Part.
5 "(3) The Governor shall reserve the remainder of
6 the amount described in paragraph (1), after application of
7 paragraph (2), but not less than 10 percent of the amount
8 described in subsection (a), for State-level activities
9 that are administered jointly with the State educational
10 agency, as described in section 4113 (b) (4)
11 " (c) LOCAL LEVEL ACTIVITIES.-(l) (A) A Governor shall
12 use not less than 80 percent of the amount described in
13 subsection (a) to make competitive subgrants to, or
14 contracts with, community-based organizations, local
15 educational agencies, and other public entities and private
16 non-profit organizations, or consortia thereof, to support
17 community efforts that directly complement the efforts of
18 local educational agencies to foster drug-free, safe, and
19 orderly learning environments in and around schools.
20 "(B) To be eligible for a subgrant under
21 this subsection, an applicant (other than a local
22 educational agency applying on its on behalf) shall include
23 in its application its written agreement with one or more
24 local educational agencies, or one or more schools within a
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local educational agency, to provide services and
2 activities in support of such local educational agencies or
3 schools, as well as an explanation of how those services
4 and activities will complement or support the local
5 educational agencies' or schools' efforts to provide a
6 drug-free, safe, and orderly school environment.
7 "(C) The Governor shall base the
8 competition conducted under subparagraph (A)-
9 "(i) on the quality of the applicant's
10 proposed program and how closely it is aligned with the
11 principles of effectiveness described in section
12 4 113 (c) (2) (C) (ii) i and
13 "Iii) on the needs of the schools or
14 local educational agencies to be served, based on the
15 objective criteria determined by the Governor.
16 "(D) Subgrants under this subsection may
17 support community efforts on a Statewide, regional, or
18 local basis and may support the efforts of local
19 educational agencies and schools that do not receive funds
20 under this Part.
21 "(2) (A) Each recipient of a subgrant under this
22 subsection shall use those funds to support research-based
23 services and activities that are consistent with the
25
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principles of effectiveness described in section
2 4113 (c) (2) (C) (ii) .
3 "(8) Each recipient of a subgrant under
4 this subsection may also use those funds to carry out, in a
5 manner that is consistent with the most recent relevant
6 research, other services and activities that are consistent
7 with the purposes of this title, such as-
8 "(i) counseling and mentoring
9 services;
10 "(ii) the support of school resource
11 officers, and other partnerships with law enforcement;
12 "(iii) after school programs;
13 "(iv) activities designed to prevent
14 hate. crimes; and
15 "(v) alternative education programs
16 for students removed from their regular educational
17 programs.
18
19 "LOCAL APPLICATIONS
20 SEC. 4116. APPLICATION CONTENTS.-(a) (1) Applicants
21 for subgrants under sections 4113 (c) (2), 4113 (c) (3), and
22 4115(c) shall submit an application at such time and
23 including such information as the State educational agency
26
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or the Governor, as applicable, requires, consistent with
2 paragraph (3).
3 "(2) (A) Applications from local educational
4 agencies for subgrants under section 4113(c) (2), section
5 4113 (c) (3), and section 4115 (c) shall be developed in
6 consultation with a local or regional advisory council that
7 includes, to the extent possible, representatives of local
8 government, business, parents, students, teachers, pupil
9 services personnel, mental health service providers,
10 appropriate State agencies, private schools, law
11 enforcement, community-based organizations, and other
12 groups interested in, and knowledgeable about, drug and
13 violence prevention.
14 "(B) Applications from entities other than
15 local educational agencies for subgrants under section
16 4115(c) shall be developed in consultation with the schools
17 or local educational agencies to be served, and to the
18 extent practicable, with the representatives described in
19 subparagraph (A).
20 " (3) Each application for a subgrant described
21 in subsection (a) shall contain-
22 "(A) the results of the applicant's needs
23 assessment concerning the creation and maintenance of a
24 drug-free, safe, and orderly school environment and include
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data on the prevalence of drug use and violence by youth in
2 the schools and communities to be served;
3 " (B) a description of how the applicant
4 will target services and activities on the communities,
5 schools, and students with the greatest need for assistance
6 in creating and maintaining drug-free, safe, and orderly
7 learni~g environments;
8 " (e) the applicant's results-based
9 performance measures for creating and maintaining a drug-
10 free, safe, and orderly learning environment, which shall
11 be focused on student behavior and attitudes, and include
12 annual targets for each performance measure;
13 " (D) a description of the procedures the
14 applicant will use to assess and publicly report progress
15 toward meeting its performance indicators;
16 " (E) a description of how-
17 " (i) the applicant will use the funds
18 to be awarded, how the activities it will support with
19 those funds address the needs identified under subparagraph
20 (A) and the performance measures identified in subparagraph
21 (e); and
22 " (ii) if the applicant is a local
23 educational agency, how those activities are consistent
24 with the Safe and Drug-Free Schools plan under paragraph
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(4) (F) or other existing school plan related to safe,
2 disciplined and drug-free environments.
3 "(F) a description of how the applicant
4 will coordinate its activities with local, State, and
5 Federal law enforcement, health, mental health, and
6 education officials;
7 "(G) a description of how the applicant
8 will coordinate its activities under this part with those
9 implemented under the Drug-Free Communities Act, if any;
\0 "(H) a description of the applicant's plan
11 for evaluating its project; and
12 "(I) any other information the State
13 educational agency or Governor, as applicable, may require
14 to review applications, and award subgrants, based on the
15 applicant's need for assistance and the quality of the
16 application.
17 "(4) Each applicant for a subgrant under section
18 4113 (c) (2) or 4113 (c) (3) shall also include in its
19 application assurances that it-
20 "(A) has a policy prohibiting the use of
21 tobacco by students and adults at all times in school
22 buildings and on school grounds, consistent with the
23 Tobacco-Free Schools Act;
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"(B) has a policy, consistent with State
2 law, that requires the expulsion of students who possess a
3 firearm at school consistent with the Gun-Free Schools Act;
4 "(C) has, or will have, a full-or part-time
5 program coordinator whose primary responsibility is
6 planning, designing, implementing, and evaluating the
7 applicant's programs (unless the applicant demonstrates in
8 its application, to the satisfaction of the State
9 educational agency, that such a program coordinator is not
10 needed) ;
11 "(D) will evaluate its program every two
12 years to assess its progress toward meeting its goals and
13 objectives, and will use the results of its evaluation to
14 improve its program and refine its goals and objectives, as
15 needed;
16 "(E) will provide for an annual school
17 safety and drug use report card, as required by section
18 4117 (d); and
19 "(F) has, or the schools to be served have,
20 a comprehensive Safe and Drug-Free Schools plan that
21 includes-
22 "(i) appropriate and effective
23 discipline policies that prohibit disorderly conduct and
24 the illegal use, possession, distribution, and sale of
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tobacco, alcohol, and other drugs by students, and that
2 mandate predetermined consequences, sanctions, or
3 interventions for specific offenses;
4 " (ii) school security procedures at
5 school and while students are on the way to and from
6 school;
7 "(iii) early intervention and
8 prevention activities designed to create and maintain safe,
9 disciplined, and drug-free environments;
10 "(iv) school readiness and family
11 involvement activities;
12 " (v) improvements to classroom
13 management and school environment, such as efforts to
14 reduce class size or improve classroom discipline; and
15 "(vi) arrangements for-
16 " (I) referring troubled youth to
17 juvenile justice and other community resources, as
18 appropriate; and
19 "(II) responding to a violent or
20 traumatic crisis that disrupts the learning environment.
21 " (5) Each applicant for a subgrant under section
22 4115 (c) shall also include in its application--
23 "(A) a description of how the services and
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activities to be supported will be coordinated with
2 relevant programs under this Part that are supported by
3 State educational agencies, including how recipients will
4 share resources, services, and data;
5 " (B) a description of how the applicant
6 will coordinate its activities under this part with those
7 implemented under the Drug-Free Communities Act, if any;
8 and
9 "(C) (i) an assurance that it will evaluate
10 its program every two years to assess its progress toward
11 meeting its goals and objectives, and will use the results
12 of its evaluation to improve its program and refine its
13 goals and objectives as needed, if the applicant is not a
14 local educational agency; or
15 " (ii) the assurances under paragraph
16 (4) if the applicant is a local educational agency.
17 "(b) REVIEW OF APPLICATION. To review applications
18 under this section-
19 " (1) State educational agencies shall use a peer
20 review process; and
21 "(2) Governors may use a peer review process or
22 other methods that ensure that applications are funded on
23 the basis of need and quality.
24
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"NATIONAL EVALUATIONS AND DATA COLLECTIONS
2 "SEC. 4117(a) NATIONAL EVALUATIONS.-(l) The
3 Secretary shall provide for periodic national evaluations,
4 at least every two years, of the quality and impact of
5 programs under this title and other programs designed to
6 prevent drugs and violence in schools and submit a report
7 of the findings of such evaluations to the President and
8 Congress.
9 "(2) (A) The National Center for Education
10 Statistics shall collect data to determine the frequency,
11 seriousness, and incidence of violence in elementary and
12 secondary schools in the States. The Secretary shall
13 collect the data using, wherever appropriate, data
14 submitted by the States pursuant to subsection (b) (1) (B) .
15 "(B) The Secretary shall report to Congress
16 on the data collected under this paragraph, together with
17 such recommendations as the Secretary determines
18 appropriate.
19 "(3) The Secretary of Education and the Attorney
20 General shall publish annual reports on school safety.
21 "(b) STATE REPORTS.-(l) The Governor and State
22 educational agency of each State shall annually report to
23 the Secretary, in such form as the Secretary may require,
24 on the State's progress toward attaining its performance
33
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indicators, required under section 4112 (a) (1) (c) (ii), for
2 achieving drug-free, safe, and orderly learning
3 environments in its schools. Annual reports shall-
4 "(A) be based on the State's ongoing
5 evaluation activities;
6 "(B) include data on the prevalence and
7 incidence of drug use and violence by youth in schools and
8 communi ties;
9 "(C) address the implementation and
10 outcomes of State and local programs under this Part, as
11 well as their effectiveness; and
12 "(D) be made readily available to the
13 public.
14 "(2) Each State shall report to the Secretary,
15 in such form as the Secretary, in consultation with the
16 Secretary of Health and Human services, may require, all
17 school related suicides and homicides within the State
18 within 30 days of the incident.
19 "(c) LOCAL REPORTS.-(l) (A) Each local educational
W agency that receives a subgrant under section 4113(c) (2) or
21 section 4113 (c) (3) shall report annually to the State
22 educational agency and the public on-
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"(i) the local educational agency's
2 progress toward meeting its results-based performance
3 indicators for its program;
4 " (ii) the results of its on-going
5 evaluation of its program; and
6 " (iii) any problems the local
7 educational agency has encountered in implementing its
8 program that warrant the provision of technical assistance
9 by the State educational agency.
10 "(B) The State educational agency shall
11 review the annual reports described under paragraph (1) and
12 shall not provide funding for the second or third year of a
13 local educational agency's program unless it determines
14 that the local educational agency is making reasonable
15 progress toward meeting its objectives.
16 "(2) (A) Each recipient of funds under section
17 4115(c) shall report annually to the Governor and to the
18 public on-
19 " (i) its progress toward meeting its
20 results-based performance measures for its program;
21 " (ii) the results of its on-going
22 evaluation of its program; and
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"(iii) any problems i~ encountered in
2 implementing its program that warrant the provision of
3 technical assistance by the Governor.
4 "(B) The Governor shall review the annual
5 reports described under subparagraph (A) I and shall not
6 provide funding for subsequent years of a mUlti-year
7 program unless the Governor determines that the recipient
8 is making reasonable progress toward meeting its
9 objectives.
10
11 "PART B - NATIONAL PROGRAMS
12 "NATIONAL ACTIVITIES
13 "SEC. 4 211. (a) PROGRAM AUTHORI ZED. From funds
14 appropriated to carry out this Part for each fiscal year
15 under section 4004(2), the Secretary shall carry out-
16 "(1) programs designed to promote drug-free,
17 safe, and orderly learning environments for students at all
18 educational levels, from preschool through the
19 postsecondary level; and
20 "(2) Programs for such students that promote
21 lifelong physical activity.
22 "(b) DRUG-FREE, SAFE AND ORDERLY LEARNING
23 ENVIRONMENTS.-(l) The Secretary may carry out the programs
24 described in subsection (a) (1) directly, or through grants,
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contracts, or cooperative agreements with public and
2 private organizations and individuals, or through
3 agreements with other Federal agencies, and shall
4 coordinate with other Federal agencies, as appropriate.
5 "(2) Programs under this subsection may include,
6 but are not limited to-
7 "(A) programs to train teachers in
8 innovative techniques and strategies of effective drug and
9 violence prevention;
10 "(B) research and demonstration projects to
II test innovative approaches to drug and violence prevention;
12 "(e) evaluations of the effectiveness of
13 programs funded under this title, or other programs
14 designed to create safe, disciplined, and drug-free
15 environments;
16 "(D) direct services and technical
17 assistance to schools and school systems, including those
18 afflicted with especially severe drug and violence
19 problems;
20 "(E) developing and disseminating drug and
21 violence prevention materials and information in print,
22 audiovisual, or electronic format, including information
23 about effective research-based programs, policies,
24 practices, strategies, and curriculum and other relevant
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materials to support drug and violence prevention
2 education;
3 "(F) recruiting, hiring, and training
4 program coordinators to assist school districts in
5 implementing high-quality, effective, research-based drug
6 and violence prevention programs;
7 "(G) the development and provision of
8 education and training programs, curricula, instructional
9 materials, and professional training for preventing and
10 reducing the incidence of crimes or conflicts motivated by
11 bullying, hate, prejudice, intolerance, or sexual
12 harassment and abuse;
13 "(H) programs for youth who are out of the
14 education mainstream, including school dropouts, students
15 who have been suspended or expelled from their regular
16 education program, and runaway or homeless children and
17 youth;
18 "(I) programs implemented in conjunction
19 with other Federal agencies that support local educational
20 agencies and communities in developing and implementing
21 comprehensive programs that create safe, disciplined, and
22 drug-free learning environments and promote healthy
23 childhood development;
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"(J) services and activities that reduce
2 the need for suspension and expulsion in maintaining
3 classroom order and discipline;
4 "(K) services and activities to prevent and
5 reduce truancy; and
6 "(L) other activities .that meet emerging or
7 unmet national needs consistent with the purposes of this
8 title.
9 "(c) LIFELONG PHYSICAL ACTIVITY PROGRAMS.-(l) The
10 Secretary may carry out the programs described in
11 subsection (a) (2) directly, or through grants, contracts,
12 or cooperative agreements with public and private
13 organizations and individuals, or through agreements with
14 other Federal agencies, and shall coordinate with the
15 Centers for Disease Control and Prevention, the President's
16 Council on Physical Fitness, and other Federal agencies, as
17 appropriate.
18 "(2) Programs under this subsection may include,
19 but are not limited to-
20 "(A) the conduct of demonstrations of
21 school-based programs that promote lifelong physical
22 activity, with a particular emphasis on physical education
23 programs that are part of coordinated school health
24 programs;
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"(B) training, technical assistance, and
2 other activities to encourage States and local educational
3 agencies to implement sound school-based programs that
4 promote lifelong physical activity; and
5 "(C) activities designed to build State
6 capacity to provide leadership and strengthen schools'
7 capabilities to provide school-based programs that promote
8 lifelong physical activity.
9 "(d) PEER REVIEW. The Secretary shall use a peer
10 review process in reviewing applications for funds under
11 this section.
12
13 "PART C - SCHOOL EMERGENCY RESPONSE TO VIOLENCE
14 SEC. 4311. (a) PROJECT SERV.-(l) From funds
15 appropriated to carry out this Part for each fiscal year
16 under section 4004(3), the Secretary is authorized to carry
17 out a program of providing education-related services to
18 local educational agencies in which the learning
19 environment has been disrupted due to a violent or
20 traumatic crisis, such as a shooting or major accident.
21 Such program may be referred to as 'Project SERV.'
22 \\ (2 ) The Secretary may carry out Project SERV
23 directly, or through contracts, grants, or cooperative
24 agreements with public and private organizations and
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individuals, or through agreements with other Federal
2 agencies.
3 "(b) AUTHORIZED ACTIVITIES.-(l) Project SERV may
4 provide-
5 "(A) assistance to school personnel in
6 assessing a crisis situation, including-
7 " (i) assessing the resources available
8 to the local educational agency and community to respond to
9 the situation; and
10 "(ii) developing a response plan to
11 coordinate services provided at the Federal, State, and
12 local level;
13 "(B) mental health crisis counseling to
14 students and their families, teachers, and others in need
15 of such services;
16 "(C) increased school security;
17 "(D) training and technical assistance for
18 State and local educational agencies, State and local
19 mental health agencies, State and local law enforcement
20 agencies, and communities to enhance their capacity to
21 develop and implement crisis intervention plans;
22 "(E) services and activities designed to
23 identify and disseminate the best practices of school- and
24 community-related plans for responding to crises; and
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"(F) other needed services and activities
2 that are consistent with the purposes of this Part.
3 " (2) The Secretary, in consultation with the
4 Attorney General, the Secretary of Health and Human
5 Services, and the Director of the Federal Emergency
6 Management Agency-
7 " (A) shall establish such criteria and
8 application requirements as may be needed to select which
9 local educational agencies are assisted under this Part;
10 and
11 "(8) may establish such reporting
12 requirements as may be needed to collect uniform data and
13 other information from all local educational agencies
14 assisted under this part.
15 "(c) (1) There shall be established a Federal
16 Coordinating Committee on school crises comprised of the
17 Secretary, the Attorney General, the Secretary of Health
18 and Human Services, the Director of the Federal Emergency
19 Management Agency, the Director of the Office of National
20 Drug Control Policy, and such other members as the
21 Secretary shall determine. The Secretary shall serve as
22 chair of the Committee.
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" (2) The Committee shall coordinate the Federal
2 responses to crises that occur in schools or directly
3 affect the learning environment in schools.
4
5 "PART D - RELATED PROVISIONS
6 "GUN FREE SCHOOLS ACT
7 "SEC. 4411. (a) SHORT TITLE. This section may be
8 cited as the 'Gun-Free Schools Act.'
9 "(b) REQUIREMENTS,-(l) Each State receiving Federal
10 funds under the Elementary and Secondary Education Act of
11 1965 shall have in effect a State law requiring local
12 educational agencies to expel from school, for a period of
13 not less than one year, a student who is determined to have
14 possessed a firearm at school under the jurisdiction of a
15 local educational agency in that State, except that such
16 State law shall allow the chief administering officer of
17 that local educational agency to modify the expulsion
18 requirement for a student on a case-by-case basis.
19 " (2 ) For the purpose of this section, the term
20 "firearm" means a firearm as such term is defined in
21 section 921 of title 18, United States Code.
22 "(c) SPECIAL RULE. The provisions of this section
23 shall be construed in a manner consistent with the
24 Individuals with Disabilities Education Act.
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" (d) REPORT TO STATE. Each local educational agency
2 requesting assistance from the State educational agency
3 under this Act shall provide to the State in its
4 application-
5 "(I) an assurance that such local educational
6 agency is in compliance with the State law required by
7 subsection (b) i and
8 "(2) a description of the circumstances
9 surrounding any expulsions imposed under the State law
10 required by subsection (b) including-
11 " (A) the name of the school concerned i
12 "(B) the number of students expelled from
13 such school (disaggregated by gender, race, ethnicity, and
14 educational level)i and
15 "(C) the type of weapons concerned.
16 " (e) REPORTING. Each State shall report the
17 information described in subsection (d) to the Secretary on
18 an annual basis.
19
20 "LOCAL POLICIES
21 "SEC. 4412. (a) REQUIRED POLICIES. No funds shall
22 be made available under this Act to any local educational
23 agency unless that agency has a policy requiring-
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R(l) referral to the criminal justice or
2 juvenile justice system of any student who possesses a
3 firearm at a school served by such agency;
4 R(2) referral to a mental health professional
5 for assessment as to whether a student described in
6 paragraph (1) poses an imminent threat of harm to himself
7 or others and needs appropriate mental health services
8 before readmission to school; and
9 "(3) that any student who i.s expelled for
10 possession of a firearm at school be provided services to
II the extent necessary to enable the student to progress
12 appropriately in the general curriculum.
13 R(b) SPECIAL RULE. The provisions of this section
14 shall be construed in a manner consistent with the
15 Individuals with Disabili.ties Education Act.
16 "(c) DEFINITIONS. For the purposes of this section,
17 the terms "firearm" and "school" have the same meaning
18 given those terms in section 921(a) of title 18, United
19 States Code.
20
21 RMATERIALS
22 RSEe. 4413 (a). 'WRONG AND HARMFUL MESSAGE'. Drug
23 prevention programs supported under this title shall convey
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a clear and consistent message that the illegal use of
2 alcohol and other drugs is wrong and harmful.
3 "(b) CURRICULUM. The Secretary shall not prescribe
4 the use of particular curricula for programs under this
5 title, but may evaluate and disseminate information about
6 the effectiveness of such curricula and programs.
7
8 "PROHIBITED USE OF FUNDS
9 "SEC. 4414. PROHIBITED USES. No funds under this
10 title may be used for-
11 "(1) construction (except for minor remodeling
12 needed to accomplish the purposes of this part); and
13 "(2) medical services or drug treatment or
14 rehabilitation, except for pupil services or referral to
15 treatment for students who are victims of, or witnesses to,
16 crime or who use alcohol, tobacco, or drugs.
17
18
19 "TOBACCO- FREE SCHOOLS
20 "SEC. 4415 (a). REQUIRED POLICY. Each State
21 educational agency and local educational agency that
22 receives funds under the Elementary and Secondary Education
23 Act of 1965 shall have a policy that prohibits the use of
24 tobacco, in any form, at any time, and by any person, in
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school buildings, on school grounds, or at any school-
2 sponsored event.
3 " (b) ASSURANCE. Each local educational agency
4 requesting assistance under this Act from the State
5 educational agency shall include in its application an
6 assurance that it is in compliance with the requirements of
7 this section.
8 " (c) STATE REPORTING. Each State educational agency
9 shall report to the Secretary on an annual basis if any
10 local educational agency is not in compliance with the
11 requirements of subsection (a).
12 "(d) SHORT TITLE. This section may be cited as the
13 'Tobacco-Free Schools Act. '
14
15
16
17 "PROHIBITION OF SUPPLANTING
18 "SEC. 4416. SUPPLANTING PROHIBITED. Funds under
19 this title shall be used to increase the level of State,
20 local, and other non-Federal funds that would, in the
21 absence of funds under this title, be made available for
22 programs and activities authorized under this title, and in
23 no case to supplant such State, local, and other non-
24 Federal funds.
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"DEFINITIONS OF TERMS
2 "SEC. 4417. DEFINITIONS. As used in this title-
3 "(1) the term 'drug and violence prevention'
4 means-
5 "(A) with respect to drugs, prevention,
6 early intervention, rehabilitat~on referral, or education
7 related to the illegal use of alcohol and the use of
8 controlled, illegal, addictive, or harmful substances,
9 including inhalants and anabolic steroids;
\0 "(B) prevention, early intervention,
11 smoking cessation activities, or education related to the
12 use of tobacco by children and youth eligible for services
13 under this title; and
14 "(C) with respect to violence, the
15 promotion of school safety, such that students and school
16 personnel are free from violent and disruptive acts,
17 including sexual harassment and abuse and victimization
18 associated with prejudice and intolerance, on school
19 premises, going to and from school, and at school-sponsored
20 activities, through the creation and maintenance of a
21 school environment that is free of weapons and fosters
22 individual responsibility and respect for the rights of
23 others;
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"(2) the terms 'drug treatment' and 'drug
2 rehabilitation' include activities to assist regular users
3 of drugs to become drug-free, but do not include
4 alternative education programs for students expelled from
5 school, student assistance programs, or programs to help
6 students who have been expelled to re-enter and succeed in
7 their regular education program;
8 " (3 ) the term 'hate crime' means a crime
9 described in section l(b) of the Hate Crime Statistics Act
10 of 1990; and
11 "(4) the term 'medical services' includes, but
12 is not limited to, the diagnosis and treatment of disease,
13 illness, or injury, but does not include assessments by
14 mental health professionals to determine whether a student
15 poses an imminent threat of harm to himself or others.
16
17
18
19 ENVIRONMENTAL TOBACCO SMOKE
20 SEC. 402. The Pro-Children Act of 1994 (20 U.S.C.
21 6081, et ~.) is amended-
22 (1 ) in section 1042(2)-
23 (A) by striking out "education"; and
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(B) in subparagraph (A) (i), by striking out
2 "or the Secretary of Education"; and
3 (2) in section 1043-
4 (A) in subsection (a), by striking out
5 "kindergarten, elementary, or secondary education or"; and
6 (B) in subsection (c)-
7 (i) in paragraph (1)-
8 (I) by striking out
9 "KINDERGARTEN, ELEMENTARY, OR SECONDARY EDUCATION OR" from
10 the heading thereof; and
11 (II) by striking out
12 "kindergarten, elementary, or secondary education or"; and
13 (ii) in paragraph (3), by striking out
14 "kindergarten, elementary, or secondary education or".
15
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4/20/99
TITLE IV - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT
SECTION-BY-SECTION ANALYSIS
Section 401 of the bill would amend and restate Title IV of
the ESEA, which authorizes assistance to States, local
educational agencies, and other public entities and
nonprofit organizations for programs to create and maintain
drug-free, safe, and orderly schools, as described below.
SHORT TITLE
Section 4001 - Short Title. Section 4001 would rename
Title IV of the ESEA as the "Safe and Drug-Free Schools and
Communities Act" to update the short title of "Safe and
Drug-Free Schools and Communities Act of 1994" in the
current law.
FINDINGS
Section 4002 - Findings. Section 4002 would update
the findings in section 4002 of the current law to focus
them on the need for program quality and accountability.
PURPOSE
Section 4003 - Declaration of Purpose. Section 4003
would contain a revised statement of purpose in section
4003 of the current law to reflect the following
overarching changes proposed in Title IV of the bill: (1)
a more focused program emphasis on supporting activities
for creating and maintaining drug-free, safe, and orderly
environments for learning in and around schools, as
compared to the more general emphasis under the current
program on supporting activities to prevent youth from
using drugs and engaging in violent behavior any time,
anywhere; (2) improved targeting of resources, through the
requirement that State educational agencies (SEAs) award
funds competitively to local educational agencies (LEAs)
with a demonstrated need for funds and the highest quality
proposed programming, as compared to awarding funds to all
LEAs in the State noncompetitively, based on student
enrollment, under the current law; and (3) stronger
coordination between programs funded by the Governors and
the SEAs, by requiring that programs funded by the
Governors directly complement and support LEA programs, and
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by requiring Governors and SEAs to reserve funds at the
State level for joint capacity-building and technical
assistance, and accountability services, to improve the
effectiveness of, and institutionalize, State and local
Safe and Drug-Free Schools and Communities (SDFSC)
programs.
AUTHORIZATION OF APPROPRIATIONS
Section 4004 - Authorization. Section 4004 of the
bill would extend "such sums" authorizations for SDFSC
State grants and SDFSC National Programs for fiscal years
2001 through 2005, and establish a new such sums
authorization in each of these years for "Project SERVO
under Part C of Title IV.
PART A - STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION
PROGRAMS
RESERVATIONS AND ALLOTMENTS
Section 4111(a) - Reservations. Section 4111 (a) (1)
of the bill would retain the requirements in the current
law for the Secretary to reserve, from each fiscal year's
appropriation for SDFSC State grant funds, 1.percent for
the Outlying Areas, 1 percent for programs for Indian
youth, and 0.2 percent for programs for Native Hawaiians,
and would increase the amount of SDFSC State Grant funds
the Secretary may reserve each fiscal year for evaluation
to $2 million (up from $1 million under the current law) to
support more intensive evaluations that are needed to
demonstrate program outcomes and effectiveness.
Section 4111 (a) (2) (A) (i) would prohibit the Insular
Areas from consolidating their SDFSC funds with other
Department of Education program funds, as would otherwise
be permitted under Insular Areas Consolidated Grant
Authority in Title V of Public Law 95-134. This language
would ensure that the SEA and Governor of each Insular Area
can coordinate their SDFSC programs as required elsewhere
in this Part in sections 4113 (b) (4) and 4115 (b) (3) i without
this prohibition, a Governor or SEA may choose to spend its
SDFSC funds on other eligible program(s), making it
impossible for the Governor and SEA to meet these SDFSC
program coordination requirements.
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Section 4111 (a) (2) (A) (ii) would allow the Governor of
an Insular Area to consolidate its SDFSC funds with the
Insular Area's SDFSC SEA funds, and allow the Insular Area
to administer both SDFSC funding streams under the
statutory requirements applicable to SDFSC SEA programs.
This provision would address the reduced program
flexibility and increased administrative burden the Insular
Areas may experience from the prohibition in section
4111 (a) (2) (i) .
Section 4111 (a) (2) (A) (iii) would add cross-references
to other provisions in the legislation to explicitly make
applicable to the Insular Areas the same SDFSC requirements
concerning authorized programs and activities, applications
for funding, and coordination between the Governor and the
SEA that are applicable to the States.
Section 4111(a) (2) (B) would add cross reference to
other provisions in the legislation to explicitly make
applicable to the Secretary of the Interior the same SDFSC
requirements concerning authorized programs and activities
for SDFSC programs for Indian youth that are applicable to
the States.
Section 4111(a) (2) (C) would authorize SDFSC programs
for Native Hawaiians (which are currently authorized under
section 4118) and explicitly make applicable to these
programs the same SDFSC requirements concerning authorized
programs and activities that are applicable to the States.
This section would also delete the language in current
section 4118 requiring the Governor of the State of Hawaii
to recognize organizations eligible for funding under the
SDFSC Native Hawaiian set-side, and add language requiring
that programs funded under this set-aside be coordinated
with the Hawaii SEA.
Section 4111(b) (1) - State Allotments. Section
4111 (b) (1) would retain the provisions in the current law
requiring the Secretary to allocate State grant funds half
on the basis of school-aged population, and half on the
basis of State shares of ESEA Title I funding for the
preceding year.
Section 4111 (b) (2) - Minimum. Section 4111 (b) (2)
would retain the provision in the current law that no State
receive less than one-half of one percent of all State
grant funding.
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Section 4111 (b) (3) - Reallotment. Section 4111 (b) (3)
would retain the provisions in the current law permitting
the Secretary to redistribute to other States, on the basis
of the formula in section 4111(b) (1), any amount of State
grant funds the Secretary determines a State will be unable
to use within two year of the initial award.
Section 4111(b) (4) - Definitions. Section 4111 (b) (4)
would retain the definitions of "State" and "local
educational agency" in the current law.
STATE APPLICATIONS
Section 4112(a) - State Applications. Section
4112 (a) (1) would change the State grant application
requirements in the current law to require that the
Governor and SEA apply jointly for funds, to ensure
increased coordination between the Governor and SEA,
consistent with the new program requirements proposed in
section 4113 (b) (4) and 4115 (b) (3) .
Section 4112 (a) (2) would retain, with minor technical
changes, the requirement in the current law that States
include in their SDFSC State grant application a
description of how they will coordinate their SDFSC State
grant funding with other Federal education and drug
prevention programs.
Section 4112 (a) (3) (A) and (B) would change the current
statute to require the States to include in their SDFSC
State grant applications: (1) a list of the State's
program performance indicators for drug and violence
prevention that are (a) outcomes-based, rather than simply
"measurable" as under current law, and (b) selected from a
core set of indicators to be developed by the Secretary in
consultation with State and local officials; and (2) a
description of (a) the procedures the State will use to
inform its LEAs of the State's performance indicators under
this program and for assessing and publicly reporting
progress toward meeting those indicators (or revising them
as needed), and (b) how the procedures the State will use
(as described in the State's application under sections
4112 (a) (3) (C), 4112 (a) (3) (D), and section 4112 (a) (3) (E)
below) to select LEAs and other entities for SDFSC State
grant funding will support the attainment of the State's
results-based performance indicators. These changes would
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address the problem that, under current law, many States
have weak goals and objectives for their SDFSC programs
that are entirely process-oriented and do not tie
strategically to the State's needs in this area.
Section 4112 (a) (3) (C) would change the current statute
to require the States to include in their SDFSC State grant
applications a description of the procedures the SEA will
use for reviewing applications and awarding funds to LEAs
competitively, based on need and quality as required by
section 4113 (c) (2) . These changes constitute a
significant departure from current law, under which SEAs
award funds to LEAs on the basis of student enrollment and
on State-determined "greatest need" criteria.
Section 4112 (a) (3) (D) would modify the current statute
to require the States to include in their SDFSC State grant
applications a description of the procedures the SEA will
use for reviewing applications and awarding funds to LEAs
non-competitively, based on need and quality as permitted
by section 4113 (c) (3) .
Section 4112 (a) (3) (E) would change the current statute
to require the Governors to include in their SDFSC State
grant applications a description of the procedures the
Governor will use for reviewing applications and awarding
funds to eligible applicants competitively, based on need
and quality, as required by section 4115(c). These
changes would significantly strengthen the current law,
which does specify any criteria for how Governors must
award their funds under this program.
Section 4112 (a) (3) (F) would add a requirement for
States to include in their applications a description of
how the SEA and Governor will use the funds reserved under
sections 4113(b) and 4115(b) for coordinated capacity-
building and technical assistance and program
accountability services and activities at the State and
local levels, consistent with the changes in those sections
requiring that the SEA and Governor each contribute at
least 10 percent of their respective funds to a joint
capacity-building and technical assistance and program
accountability effort. Section 4112 (a) (3) (F) would also
retain language in the current law, with minor
modifications, requiring the SEA and Governor to describe
in their applications how they will coordinate their
activities with law enforcement, health, mental health, and
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education programs and officials at the State and local
levels.
Section 4112 (a) (3) (G) would, with minor technical
changes, reta~n the requirement in the current statute for
States to include in their applications a description of
how the SEA and Governor will monitor local SDFSC programs.
Section 4112 (a) (3) (H) would add a new requirement for
States to describe in their applications how the SEA will
provide technical assistance to LEAs not receiving SDFSC
State grant funds to improve their programs, consistent
with the requirement in section 4113 (b) (4) (B) (ii) that, to
the extent practicable, SEAs and Governors use a portion of
the funds they reserve for State-level activities to
provide capacity building and technical assistance and
accountability services to all LEAs in the State, including
those that do not receive SDFSC State grant funds.
Section 4112 (a) (4) would retain the requirement that
the States develop their applications in consultation and
coordination with appropriate State officials and
representatives of parents, students, and community-based
organizations, with minor changes deleting language in the
current law that the SEA and Governor develop portions of
the application separately, to conform with the
requirements in sections 4113 (b) (4) and 4115 (b) (3) that the
SEA and Governor use a portion of the funds they reserve
for State-level activities to provide capacity building and
technical assistance and accountability services on a joint
basis.
Section 4112(a) (5) would retain the language in
current law requiring the States to include in their
applications an assurance that the State will cooperate
with, and assist the Secretary in conducing national impact
evaluations of programs required by section 4117(a).
Section 4112(b) would retain the language in the
current law under section 4112(d) requiring the Secretary
to use a peer review process in reviewing SDFSC State
grant applications.
STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS
Section 4113(a) - Allocation of Funds. Section
4113(a) would retain the requirement in current law that
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80 percent of the funds allocated to each State under
section 4111(b) be awarded to the SEA for use by SEAs and
LEAs, with minor changes in language conforming with the
revised statement of purpose in section 4003 that the funds
be used to carry out programs and activities that are
designed to create and maintain drug-free, safe, and
orderly learning environments for learning in and around
schools.
Section 4113(b) - State-Level Activities. Sections
4113(b) (1) through 4113(b) (3) would depart from the current
statute by establishing a new authority requiring SEAs to
reserve between 10 percent and 20 percent of their
allocations under section 4113(a) for State-level
activities. Under this new authority, SEAs may reserve up
to 20 percent, but not less than 10 percent, of their total
allocations under section 4113(a) to plan, develop, and
implement, jointly with the Governor, capacity building and
technical assistance and accountability services to support
the effective implementa~ion of local drug and violence
prevention activities throughout the State and promote
program accountability and improvement. Within this
20 percent cap, but in addition to the 10 minimum for
State-level activities, SEAs may also use up to 5 percent
of their funding (i.e., up to 25 percent of the amount they
reserve for State-level activities) for program
administration. This allowance for SEA State
administrative costs - an increase from the 4 percent
allowed under current law - is provided to accommodate the
increased administrative responsibilities under the new law
of running a State grant competition under section 4113(c),
and would provide greater assistance to LEAs for program
improvement than under the current law.
Section 4113(b) (4) (A) would require SEAs and Governors
to jointly use the amount reserved under section 4113 (b) (3)
and section 4114 (b) (3) to plan, develop, and implement
capacity building and technical assistance and
accountability services designed to support the effective
implementation of local drug and violence prevention
activities throughout the State, as well as promote program
accountability and prevention.
Section 4113 (b) (4) (B) (i) would add new language to the
statute clarifying that the SEA and Governor may carry out
the services and activities required under section
4113 (b) (4) (A) directly, or through subgrants or contracts
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with public and private organizations, as well as
individuals_
Section 4113 (b) (4) (B) (ii) would add new language to
the statue requiring that to the extent practicable, SEAs
and Governors use funds under section 4113 (b) (4) (A) to
provide capacity building and technical assistance and
accountability services and activities to all LEAs in the
State, not just those that receive SDFse State grants, in
order to ensure that: (1) LEAs receiving SDFse funds
receive adequate help to implement and institutionalize
high-quality programs; and (2) States can provide at least
some program assistance to LEAs that will no longer receive
SDFse awards once funding limited to 50 percent of LEAs in
each State under the targeting provisions proposed in
section 4113 (c) (2) (D) _
Section 4113(b) (4) (B) (iii) would permit the SEA and
Governor to provide emergency intervention services to
schools and communities following a traumatic crisis, such
as a shooting or major accident that has disrupted the
learning environment.
Section 4113 (b) (4) (e) would add definitions of
"capacity building" and "technical assistance and
accountability services" to clarify the meaning of these
terms in the statute_
Section 4113 (c) (1) - Local-Level Activities. Section
4113(c) (1) would depart from the current statute to specify
that SEAs must use at least 80 percent of their funding for
local-level activities, as described in sections 4113 (c) (2)
and (3), rather than awarding at least 91 percent of their
funding to LEAs as is required ~nder current law.
Section 4113 (c) (2) (A) would depart from the current
statute to require SEAs to use at least 70 percent of their
total SDFse State grant funding for competitive awards to
LEAs that the SEA determines have need for assistance,
rather than awarding at least 91 percent of their funding
to LEAs in the State by formula, based on enrollment
(70 percerit) and "greatest need" (30 percent) .
Section 4113 (c) (2) (B) would make minor wording changes
to the nine "need" factors in the current statute, and add
three additional factors relating to local fiscal capacity
to fund drug and violence prevention programs without
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Federal assistance; the incidence of drug paraphernalia in
schools; and the high rates of drug-related emergencies or
deaths.
Section 4113 (c) (2) (C) would depart from the current
statute to require SEAs to base their competition under
section 4113 (c) (2) (A) on the quality of an LEA's proposed
program and how closely it is aligned with the following
principles of effectiveness: (1) the LEA's program is
based on a thorough assessment of objective data about the
drug and violence problems in the schools and communities
to be served; (2) the LEA has established a set of
measurable goals and objectives aimed at ensuring that all
schools served by the LEA have a drug-free, safe, and
orderly learning environment, and has designed its program
to meet those goals and objectives; (3) the LEA has
designed and will implement its programs for youth based on
research or evaluation that provides evidence that the
program to be used will prevent or reduce drug use,
violence, delinquency, or disruptive behavior among youth;
and (4) the LEA will evaluate its program periodically to
assess its progress toward achieving its goals and
objectives, and will use evaluation results to refine,
improve, and strengthen its program, and refine its goals
and objectives, as needed.
Section 4113(c) (2) (D) would depart from the current
statute to require SEAs to target their competitive awards
under section 4113 (c) (2) (A) to no more than 50 percent of
the LEAs in the State.
Section 4113 (c) (2) (E) would require SEAs to make their
competitive awards to LEAs under section 4113 (c) (2) of
sufficient size to support high-quality, effective programs
and activities that are designed to create safe,
disciplined, and drug-free learning environments in schools
and that are consistent with the needs, goals, and
objectives identified in the State's plan under section
4112.
Section 4113 (c) (3) (A) would depart from the statute to
permit SEAs to use up to 10 percent of their total SDFSC
State grant funding for non-competitive awards to LEAs with
the greatest need for assistance, as described in section
4113 (c) (2) (B), that did not receive a competitive award
under section 4113 (c) (2) (A). LEA's would be eligible to
receive only one subgrant under this paragraph.
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Section 4113(c) (3) (B) would require, for
accountability purposes, that in order for an SEA to make a
non-competitive award to an LEA under section
4113 (c) (3) (A)
I the SEA must (1) assist the LEA in meeting
the information requirements under section 4116(a)
pertaining to LEA needs assessment, results-based
performance measures, comprehensive safe and drug-free
schools plan, evaluation plan, and assurances, and
(2) provide continuing technical assistance to the LEA to
build its capacity to develop and implement high-quality,
effective programs consistent with the principles of
effectiveness in section 4113 (c) (2) (C) (ii) .
Section 4113 (c) (4) (A) would depart from the current
statute to permit SEAs to use up to 2 percent of their
total SDFSC State grant funding or $50,000, whichever is
greater, to provide emergency intervention services to
schools and communities following a traumatic crisis, such
as a shooting or major accident that has disrupted the
learning environment, and explicitly authorize that such
services may be provided directly by the SEA or through
subgrants or contracts.
Section 4113(c) (4) (B) would specify that the emergency
services and activities authorized under Section 4113(c) (4)
include (1) helping school personnel assess the situation,
including the resources available to address the crisis;
(2) developing a response plan to coordinate services from
the Federal, State, and local levels; (3) providing short-
term and long-term mental health crisis counseling to
students, teachers, and others in need of such services;
(4) increasing school security; and (5) providing such
other services, including coordination services, as
necessary.
Section 4113(d) - Project Periods and Reallocations.
Section 4113(d) (1) would depart from the current statute to
provide that LEA awards under section 4113(c) be for a
project period not to exceed three years, and require that,
in order to receive funds under section 4113 for the second
or third year of a pr0ject, the LEA demonstrate to the
satisfaction of the SEA that the LEA's project is making
reasonable progress toward its performance indicators under
section 4116 (a) (3) (c) .
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Section 4113(d) (2) would make technical changes to the
local reallocation provisions in the current statute
consistent with the changes proposed in section 4113, by
providing that an SEA may require LEAs to return funds
awarded to them under this section that they have not
expended within one year of the date of the subgrant, and
may award such recovered funds to other LEAs with the
greatest need for them either (1) through a new
competition, (2) by funding high-quality applications that
were not funded in a previous competition, or (3) by making
supplemental awards to current subgrant recipients.
LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS
Section 4114(a) - Principles of Effectiveness.
Section 4114(a) would depart from the current statute to
require that each LEA that receives SDFSC State grant
funding under section 4113(c) use those funds to support
research-based, drug and violence prevention services and
activities that are consistent with the principles of
effectiveness in section 4113 (c) (2) (C) (ii) .
Section 4114(b) - Other Authorized Activities.
Section 4114(b) (1) would permit an LEA that receives SDFSC
State grant funding under section 4113(c) to use those
funds for activities other than research-based programming,
so long as the LEA meets the requirements in section
4114(a), and those additional activities are carried out in
a manner that is consistent with the most recent relevant
research and with the purposes of this title. Section
4114 (b) (1) of the bill also includes an illustrative list
of 12 such activities.
Section 4114(b) (2) would retain the 20 percent cap on
SDFSC State grant funds that LEAs may spend for the
acquisition or use of metal detectors and security
personnel, but permit SEAs to waive this cap for an LEA
that demonstrates to the satisfaction of its SEA, in its
application for funding under section 4116, that it has a
compelling need to do so.
GOVERNOR'S PROGRAMS
Section 4115(a) - Allocation of Funds. Section
4115(a) would retain the requirement in the current law
that 20 percent of the funds allocated to each State under
section 4111(b) be awarded to the Governor, but depart from
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the current statute, consistent with the revised statement
of purpose in section 4003, by requiring the Governor to
use these funds to support community efforts that directly
complement the efforts of LEAs to foster drug-free, safe,
and orderly learning environments for learning in and
around schools.
Section 4115(b) - State-Level Activities. Sections
4115(b) (1) through 4115(b) (3) would depart from the current
statute by establishing a new authority requiring Governors
to reserve between 10 percent and 20 percent of their
allocations under section 4115(a) for State-level
activities. Under this new authority, Governors may
reserve up to 20 percent, but not less than 10 percent, of
their total allocations under section 4115(a) to plan,
develop, and implement, jointly with the SEA, capacity
building and technical assistance and accountability
services to support the effective implementation of local
drug and violence prevention activities throughout the
State and promote program accountability and improvement,
as described in section 4113(b) (4). Within this 20 percent
cap, but in addition to the 10 minimum for State-level
activities, the bill would retain the language in the
current law authorizing the Governors to use up to
5 percent of their total funding (i.e., up to 25 percent of
the amount they reserve for State-level activities) for
program administration, with minor changes clarifying that
these administrative costs may be direct or indirect.
Section 4115(c) - Local Level Activities. Section
4115(c) (1) (A) would dep~rt from the current statute to
specify that a Governor must use at least 80 percent of its
SDFSC State grant funding under section 4111(b) to make
competitive subgrants to community-based organizations,
LEAs, and other public entities and private non-profit
organizations to support community efforts that directly
complement the efforts of LEAs to foster drug-free, safe,
and orderly learning environments in and around schools.
Section 4115(c) (1) (B) would depart from the current statute
to require that, to be eligible. for a subgrant under this
section, an applicant (other than a LEA applying on its own
behalf) must include in its application its written
agreement with one or more LEAs, or one or more schools
within a LEA, to provide services and activities in support
of such LEAs or schools, as well as an explanation of how
those services and activities will complement or support
the LEAs' or schools' efforts to provide a drug-free, safe,
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and orderly school environment. Section 4115(c) (1) (C) would
depart from current law to require Governors to base the
competition conducted under section 4115 (c) (1) (A) on (1)
the quality of the applicant's proposed program and how
closely it is aligned with the principles of effectiveness
described in section 4113 (c) (2) (C) (ii), and (2) on
objective criteria, determined by the Governor, on the
needs of the schools or LEAs to be served.
Section 4115 (c) (1) (0) would change current law to
clarify that subgrants made by Governors under
section 4115(c) may support community efforts on a
Statewide, regional, or local basis and may support the
efforts of LEAs and schools that do not receive SOFSC State
grant funds.
Section 4115 (c) (2) (A) would change the statute to
require that recipients under section 4115(c) to use those
funds generally to support research-based, drug and
violence prevention services and activities that are
consistent with the principles of effectiveness in section
4113 (c) (2) (C) (ii) .
Section 4115 (c) (2) (E) would change the statute to
permit a Governor's award recipient under section 4115(c)
to use those funds for activities other than research-based
programming, provided that these additional activities are
carried out in a manner that is consistent with the most
recent relevant research and with the purposes of this
title. Section 4115 (c) (2) (E) also includes an illustrative
list of 5 such activities.
LOCAL APPLICATIONS
Section 4116 - Application Contents. Section
4116(a) (1) would: (1) retain language in current statute,
with minor technical changes, requiring applicants for
subgrants from the SEA to submit an application that meets
the requirements in section 4116(a) (3) to the SEA at such
time, and includes such other information, as the SEA may
require; and (2) add a corresponding requirement not in the
current statute, requiring applicants for subgrants from
the Governor to submit an application that meets the
requirements in section 4116(a) (3) to the Governor at such
time, and includes such other information, as the Governor
may require.
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Section 4116 (a) (2) (A) would retain language in the
current statute requiring LEAs applying for SEA subgrants
under section 4113 (c) (2), 4113 (c) (3), and 4115 (c) to
develop their applications in consultation with a local or
regional advisory council that includes, to the extent
possible, representatives of local government, business,
parents, students, teachers, public school personnel,
mental health service providers, appropriate State
agencies, private schools, law enforcement, community-based
organizations, and other groups interested in, and
knowledgeable about, drug and violence prevention.
Section 4116 (a) (2) (B) would add language to the
current law to require entities other than LEAs applying
for 6ubgrants under the Governor's program authorized by
section 4115(c) to develop their applications in
consultation with the schools or LEAs to be served, and to
the extent practicable, with the representatives described
in section 4116 (a) (2) (A) .
Section 4116(a) (3) would: (1) make technical changes
to strengthen the LEA application requirements that apply,
under current law, to the SEA formula grant program by
increasing the emphasis in the application on the
applicant's need for assistance and the quality of its
proposed programming; and (2) make this revised set of
requirements applicable to LEAs that apply to SEAs under
the proposed new competitive subgrant authority in section
4113 (c) (2) or the new non-competitive subgrant authority in
section 4113(c) (3), as well as to LEAs that apply to
Governors under the subgrant authority in section 4115(c)
Section 4116(a) (4) would depart from the current
statute by adding the requirement that each LEA (or
consortium of LEAs, if applying jointly) that applies to
its SEA under the proposed new competitive subgrant
authority in section 4113(c) (2), or new non-competitive
subgrant authority in se~tion 4113(c) (3), include in its
application assurances that it: (1) has a policy
prohibiting the use of tobacco by students and adults at
all times in school buildings and on school grounds,
consistent with the Tobacco-Free Schools Act; (2) has a
policy, consistent with State law, that requires the
expulsion of students who possess a firearm at school
consistent with the Gun-Free Schools Act; (3) has, or will
have, a full- or part-time program coordinator whose
primary responsibility is planning, designing,
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lit
implementing, and evaluating the applicant's programs
(unless the applicant demonstrates in its application, to
the satisfaction of the SEA, that such a program
coordinator is not needed); (4) will evaluate its program
every two years to assess its progress toward meeting its
goals and objectives, and will use the results of its
evaluation to improve its program and refine its goals and
objectives, as needed; (5) will provide for an annual
school safety and drug use report card, as required by
section 4117(d); and (6) has, or the schools to be served
have, a comprehensive Safe and Drug-Free Schools plan that
includes: (a) appropriate and effective discipline
policies that prohibit disorderly conduct and the illegal
use, possession, distribution, and sale of tobacco,
alcohol, and other drugs by students, and that mandate
predetermined consequences, sanctions, or interventions for
specific offenses; (b) school security procedures at school
and while students are on the way to and from school; (c)
early intervention and prevention activities designed to
create and maintain safe, disciplined, and drug-free
environments; (d). school readiness and family involvement
activities; (e) improvements to classroom management and
school environment, such as efforts to reduce class size or
improve classroom discipline; and (f) arrangements for
referring troubled youth to juvenile justice and other
community resources, as appropriate, and responding to a
violent or traumatic crisis that disrupts the learning
environment.
Section 4116(a) (5) would depart from the current
statute by adding a requirement that any eligible entity
that applies to the Governor for a subgrant under section
4115(c) include in its application: (1) a description of
how the services and activities to be supported will be
coordinated with relevant SDFSC State grant programs that
are supported by SEAs, including how recipients will share
resources, services, and data; (2) a description of how the
applicant will coordinate its activities under this part
with those implemented under the Drug-Free Communities Act,
if any; and (2) an assurance that it will evaluate its
program every two years to assess its progress toward
meeting its goals and objectives, and will use the results
of its evaluation to improve its program and refine its
goals and objectives as needed (if the applicant is not an
LEA), or the assurances under section 4116 (a) (4), if the
applicant is an LEA.
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Section 4116(b) would modify the language in the
current statute that requires Governors to use a peer
review process in reviewing local applications for SDFSC
State grants, by giving Governors the flexibility to use
other methods to ensure that applications under section
4116 are funded on the basis of need and quality, while
requiring State educational agencies to use a peer review
process.
NATIONAL EVALUATIONS AND DATA COLLECTIONS
Section 4117(a) - National Evaluations. Section
4117(a) would make minor technical changes to current law
to give the Secretary increased flexibility in meeting the
national evaluation and data collection requirements in
this section, and add a new requirement for the Secretary
of Education and the Attorney General to publish an annual
report on school safety.
Section 4117 (b) - State Reports. Section 4117(b) (1)
would make minor technical changes to the current law to
refocus the State reports required by this section on the
State's progress toward attaining its performance
indicators for achieving drug-free, safe, and orderly
learning environments in its schools, consistent with the
changes proposed throughout Part A oJ the statute.
Section 4117(b) (2) would add a new requirement for
States to report, in such form as the Secretary, in
consultation with the Secretary of Health and Human
Services, may require, all school-related suicides and
homicides within the State, whether at school or at a
school sponsored funct"ion, or on the way to or from school
or a school-sponsored function, within 30 days of incident.
This requirement will enable the Federal Government to
collect longitudinal data on this statistic less
expensively than it does currently by collecting these data
retrospectively from multiple sources, and will impose
little administrative burden on the States.
Section 4117(c) - Local Reports. Section
4117(c) (1) (A) would make minor technical changes to the
current law to refocus the local reports required by this
section on the LEA's progress toward attaining its
performance indicators for achieving drug-free, safe, and
orderly learning environments in its schools, consistent
with the changes proposed for the corresponding State
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reports under section 4117(a), and would add a new
requirement that the LEA include in this report a statement
of any problems the LEA has encountered in implementing its
program that warrant the provision of technical assistance
by the SEA, to assist the SEA in planning its technical
assistance activities. These changes would apply to LEAs
that receive SDFSC subgrants through their SEA under
section 4113 (c) (2) or 4113 (c) (3) .
Section 4117 (c) (1) (E) would add new language to the
statute requiring SEAs to review the annual LEA reports
required under section 4117 (c) (1) (A), and to terminate
funding for the second or third year of an LEA's program
unless it determines that the LEA is making reasonable
progress toward meeting its objectives.
Section 4117(c) (2) (A) would add new language to the
statute requiring that Governors' award recipients under
section 4115(c) submit an annual progress report to the
Governor and to the public containing the same type of
information required for LEA progress reports under section
4117 (c) (1) (A) .
Section 4117(c) (2) (E) would add new language to the
statute requiring Governors to review the annual progress
reports required under section 4117(c) (2) (A), and to
terminate funding for the second or third year of a
subgrantee's program unless it determines that the
subgrantee is making reasonable progress toward meeting its
objectives.
Section 4117(d) would add new language to the statute
requiring each LEA receiving SDFSC State grant funds to
provide to the SEA and the public an annual school-level
report card for each of its schools that includes (1) the
number of violations of school policies during the previous
year for alcohol, marijuana, tobacco, weapons, fights, and
attacks on teachers, and (2) information on the sanctions
that were imposed for each type of violation, including
information about numbers of expulsions, suspensions,
referrals to alternative placements, transfers, and other
consequences.
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PART B - NATIONAD PROGRAMS
NATIONAL ACTIVITIES
Section 4211(a) - Program Authorized. Section
4211 (a) (1) would retain the language in the current
statute, with changes, to authorize the Secretary to use
National Programs funds for programs to promote drug-free,
safe, and orderly learning environments for students at all
educational levels, from preschool through the
postsecondary level and for programs that promote lifelong
physical activity.
Section 4211(b) (1) would retain the language in the
current statue, with minor technical changes, to authorize
the Secretary to carry out the National Programs authorized
under section 4211(a) directly, or through grants,
contracts, or cooperative agreements with public and
private organizations and individuals, or through
agreements with other Federal agencies, and to coordinate
with other Federal agencies as appropriate.
Section 4211(b) (2) would change the current statute to
streamline the list of authorized National Programs
activities - which are illustrative and not definitive - to
the following: (a) programs to train teachers in
innovative techniques and strategies of effective drug and
violence prevention; (b) research and demonstration
projects to test innovative approaches to drug and violence
prevention; (c) evaluations of the effectiveness of
programs funded under this title, and of other programs
designed to create safe, disciplined, and drug-free
environments; (d) direct services and technical assistance
to schools and schools systems, including those afflicted
with especially severe drug and violence problems; (e)
developing and disseminating drug and violence prevention
materials and information in print, audiovisual, or
electronic format, including information about effective
research-based programs, policies, practices, strategies,
and curriculum and other relevant materials to support drug
and violence prevention education; (f) recruiting, hiring,
and training program coordinators to assist school
districts in implementing high-quality, effective,
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research-based drug and violence prevention programs; (g)
the development and provision of education and training
programs, curricula, instructional materials, and
professional training for preventing and reducing the
incidence of crimes or conflicts motivated by bullying,
hate, prejudice, intolerance, or sexual harassment and
abuse; (h) programs for youth who are out of the education
mainstream, including school dropouts, students who have
been suspended or expelled from their regular education
program, and runaway or homeless children and youth; (i)
programs implemented in conjunction with other Federal
agencies that support LEAs and communities in developing
and implementing comprehensive programs that create safe,
disciplined, and drug-free learning environments and
promote healthy childhood development; (j) services and
activities that reduce the need for suspension and
expulsion in maintaining classroom order and discipline;
(k) services and activities to prevent and reduce truancy;
and (1) other activities that meet emerging or unmet
national needs consistent with the purposes of this title.
Section 4211(c) (1) would authorize the Secretary to
carry out programs for students that promote lifelong
physical activity directly, or through grants, contracts,
or cooperative agreements with public and private
organizations and individuals, or through agreements with
other Federal agencies, and to coordinate with the Centers
for Disease Control and Prevention, the President's Council
on Physical Fitness, and other Federal agencies as
appropriate.
Section 4211(c) (2) would illustrate a list of programs
that could be carried out to support school-based reform
efforts to promote lifelong physical activity. These
include: the conduct of demonstrations of school-based
programs that promote lifelong physical activity, with a
particular emphasis on physical education programs that are
a part of a coordinated school health programs; training,
technical assistance, and other activities to encourage
States and local educational agencies to implement sound
school-based programs that promote lifelong physical
activity; and activities designed to build State capacity
to provide leadership and strengthen schools capabilities'
to provide school-based programs that promote lifelong
physical activity.
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Section 4211(d) - Peer Review. Section 4211(b) would
retain the requirement, in the current statute, that the
Secretary use a peer review process in reviewing
applications for funds under section 4211(a).
PART C - SCHOOL EMERGENCY RESPONSE TO VIOLENCE
Section 4311 (a) - Project SERVo Section 4311 (a) (1)
would add new language to the statute authorizing the
Secretary to carry out a program named "Project SERVo for
providing education-related services to LEAs in which the
learning environment has been disrupted due to a violent or
traumatic crisis, such as a shooting or major accident.
Section 4311(a) (2) would add new language to the
statute authorizing the Secretary to carry out Project SERV
directly, or through contracts, grants, or cooperative
agreements with public and private organizations and
individuals, or through agreements with other Federal
agencies.
Section 4311(b) - Authorized Activities. Section
4311(b) would add new language to the statute authorizing
Project SERV to provide (a) assistance to school personnel
in assessing a crisis situation, including assessing the
resources available to the LEA and community in response to
the situation, and developing a response plan to coordinate
services provided at the Federal, State, and local level;
(b) mental health crisis counseling to students and their
families, teachers, and others in need of such services;
(c) increases school security; (d) training and technical
assistance for SEAs and LEAs, State and local mental health
agencies, Stat~ and local law enforcement agencies, and
communities to enhance their capacity to develop and
implement crisis intervention plans; (e) services and
activities designed to identify and disseminate the best
practices of school- and community-related plans for
responding to crises; and (f) other needed services and
activities that are consistent with the purposes of Project
SERVo
Section 4311(b) would add new language to the statute
providing that the Secretary of Education, in consultation
with the Attorney General, the Secretary of Health and
Human Services, and the Director of the Federal Emergency
Management Agency, shall establish criteria and application
requirements as may be needed to select which LEAs are
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assisted under Project SERV, and may establish reporting
requirements as may be needed to collect uniform data and
other information from all LEAs assisted under Project
SERVo
Section 4311 (c) (1) would add new language to the
statute requiring the establishment of a Federal
Coordinating Committee on school crises comprised of the
Secretary (who shall serve as chair of the Committee), the
Attorney General, the Secretary of Health and Human
Services, the Director of the Federal Emergency Management
Agency, the Director of the Office of National Drug Control
Policy, and such other members as the Secretary shall
determine.
Section 4311 (c) (2) would add new language to the
statute charging the Federal Coordinating Committee on
school crises established under section 4311(c) (1) with
coordinating the Federal responses to crises that occur in
schools or directly affect the learning environment in
schools.
PART D - RELATED PROGRAMS
GUN-FREE SCHOOLS ACT
Section 4411 - Short Title. Section 4411 would rename
section 4411 of the ESEA as the Gun-Free Schools Act. The
Gun-Free Schools Act is currently authorized under Part F
of Title XIV of the ESEA, and is proposed to be moved to
Title IV because of its close relationship with the SDFSC
program.
Section 4411 (b) - Requirements. Section 4411 (b) (1)
would restate, with minor technical changes, the language
in the current Gun-Free Schools Act requiring (1) that each
State receiving Federal funds under the ESEA have in effect
a State law requiring LEAs to expel from school, for a
period of not less than one year, a student who is
determined to have possessed a firearm at school under the
jurisdiction of the LEA in that State, and (2) that such
State law allows the chief administering officer of that
LEA to modify the expulsion requirement for a student on a
case-by-case basis.
Section 4411 (b) (2) would restate the definition of the
term "firearm" as used in the current Gun-Free Scho6ls Act.
21
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Section 4411(c) - Special Rule. Section 4411(c) would
restate the language in the current Gun-Free Schools Act
requiring that the provisions of section 4411 be construed
in a manner consistent with the Individuals with
Disabilities Education Act.
Section 4411(d) - Report to State. Section 4411(d)
would restate, with minor changes, the local reporting
requirements in the current Gun-Free Schools Act to require
each LEA requesting assistance from the SEA under the ESEA
to provide to the State in its application: (1) an
assurance that such LEA is in compliance with the State law
required by section 4411(b); and (2) a description of the
circumstances surrounding any expulsions imposed under the
State law required by section 4411(b), including (a) the
name of the school concerned; (b) the number of students
expelled from such school (disaggregated by gender, race,
ethnicity, and educational level), and (c) type of weapons
concerned.
Section 4411(e) - Reporting. Section 4411(e) would
restate the requirement in the current Gun-Free Schools Act
that each State report the information described in section
4411(d) to the Secretary on an annual basis.
LOCAL POLICIES
Section 4412(a) - Required Policies. Section
4412(a) (1) would restate, with minor technical changes, the
language in the current law (in ESEA section 14602(a))
requiring that no funds be made available under the ESEA to
any LEA unless it has a policy requiring referral to the
criminal justice or juvenile delinquency system of any
student who possesses a firearm at a school served by such
agency.
Section 4412(a) (2) would add an additional, new
requirement under section 4412 that no funds may be made
available under the ESEA to any LEA unless it also has a
policy requiring that any student referred to the criminal
justice or juvenile delinquency system under section
4412 (a) (1) for possessing a firearm at school, also be
referred to a mental health professional for assessment as
to whether the student poses an imminent threat of harm to
himself or others and needs appropriate mental health
services before readmission to school.
22
Hex-Oump Conversion
Section 4412 (a) (3) would add an additional, new
requirement under section 4412 that any student who is
expelled for possession of a firearm at school be provided
services to the extent necessary to enable the student to
progress appropriately in the general curriculum.
Section 4412(b) - Special Rule. Section 4412(b)
would restate the language in the durrent Gun-Free Schools
Act requiring that the provisions of section 4412 be
construed in a manner consistent with the Individuals with
Disabilities Education Act.
Section 4412(b) - Definitions. Section 4412(b) would
restate the definitions of the terms "firearm" and "school"
in the current ESEA (in section 14602(b)) so that these
definitions apply to the changes proposed in section 4412.
MATERIALS
Section 4413(a) - "Wrong and Harmful Message".
Section 4413(a) would restate the language in the current
law (in ESEA section 4132(a)) requiring that drug
prevention programs supported under ESEA Title IV convey a
clear and consistent message that the illegal use of
alcohol and other drugs is wrong and harmful.
Section 4413(b) - Curriculum. Section 4413(b) would
restate, with minor technical changes, the language in the
current law (in ESEA section 4132(b)) to clarify that the
Secretary shall not prescribe the use of particular
curricula for programs under ESEA Title IV, but may
evaluate and disseminate information about the
effectiveness of such curricula and programs.
PROHIBITED USES OF FUNDS
Section 4414 - Prohibited Uses. Section 4414 would
restate the language in the current law (in ESEA section
4133) that no funds under ESEA Title IV may be used for (1)
construction (except for minor remodeling needed to
accomplish the purposes of this part), and (2) medical
services, drug treatment or rehabilitation, except for
pupil services or referral to treatment for students who
are victims of, or witnesses to, crime or who use alcohol,
tobacco, or drugs.
23
Hex-OumpConvelSion
TOBACCO-FREE SCHOOLS
Section 4415(a) - Required Policy. Section 4415(a)
would add new language to the ESEA requiring that each SEA
and LEA that receives ESEA funds have a policy that
prohibits the use of tobacco, in any form, at any time, and
by any person, in school buildings, on school grounds, or
at any school-sponsored event. This language would replace
similar language under current law in the Pro-Children Act
of 1994 (Title X, Part B of the Goals 2000: Educate America
Act) that (1) generally prohibits smoking in schools or
other indoor facilities where services are provided to
children that are supported with Federal funds from the
Departments of Education, Health and Human Services, or
Agriculture, and (2) authorizes civil penalties for persons
who violate such prohibition. The proposed new language
would also impose more stringent requirements than the Pro-
Children Act, in that: (1) the Pro-Children Act pertains
only to smoking, whereas the proposed new language would
prohibit smoking as well as the use of smokeless tobacco in
schools; and (2) the Pro-Children Act prohibitions on
smoking pertain to indoor facilities only and apply only
during the school day, whereas the proposed new language
would prohibit the use of tobacco on school grounds as well
as in school buildings, at any time, or at any school-
sponsored event. In accordance with this new language in
section 4415, section 402 of this bill would amend the Pro-
Children Act so it does not apply to schools or other
facilities providing services to children funded by the
Department of Education.
Section 4415(b) - Assurance. Section 4415(b) would
add language to the current law requiring each LEA
requesting assistance under the ESEA to include in its
application for funding an assurance that it is in
compliance with the requirements of section 4415(a) .
Section 4415(c) - State Reporting. Section 4415(c)
would add language to the current law requiring each SEA to
report to the Secretary on an annual basis if any of its
LEAs is not in compliance with the requirements of
section 4415(a).
Section 4415(d) - Short Title. Section 4415(d) would
add language to the current law providing that section 4415
may be cited as the "Tobacco-Free Schools Act."
24
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PROHIBITION OF SUPPLANTING
Section 4416 - Supplanting Prohibited. Section 4416
would add language to the current law that was
inadvertently left out of the 1994 reauthorization,
requiring that funds under this title be used to increase
the level of State, local, and other non-Federal funds that
would, in the absence of funds under this title, be made
available for programs and activities authorized under this
title, and in no case to supplant such State, local, and
other non-Federal funds.
DEFINITION OF TERMS
Section 4417 - Definitions. Section 4417 would
restate the definitions in the current law for the terms
"drug and violence prevention" and "hate crime," and
definitions for the terms "drug treatment and drug
rehabilitation" and "medical services" to give these terms
specific meaning under this title.
ENVIRONMENTAL TOBACCO SMOKE
Section 402 of the bill would amend the Pro-Children
Act (Part H of Title X of the Goals 2000: Educate America
Act) so it does not apply to schools or other facilities
providing services to children funded by the Department of
Education, because the education provisions of the Pro-
Children Act would be superceded by the Tobacco-Free
Schools Act proposed under ESEA section 4415.
25
please provide comments by 1:00 p.m. Wednesday, April 21, 1999. This
deadline is firm due to the need to resolve all issues on the ESEA.
This redraft includes 2 major changes: (1) new language on physical
education requirements, and (2) change in the Gun-Free Schools Act
(alternative placements) . Changes are in boldfaced type. This deadline
is firm, due to the need to resolve all issues on this bill this week.
The draft bill language will shortly be placed on the following website as
revised language:
http://tabula.ost.dot.gov/ed
Use the following identifying information to access the material:
username: lrm
password: text
---------------------- Forwarded by Constance J. Bowers/OMB/EOP on
04/20/99 02:16 PM ---------------------------
LRM ID: CJB59
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Tuesday, April 20, 1999
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer - See Distribution
below
FROM: Janet R. Forsgren (for) Assistant Director for
Legislative Reference
OMB CONTACT: Constance J. Bowers
PHONE: (202) 395-3803 FAX: (202) 395-6148
SUBJECT: Further REVISED EDUCATION Draft Bill on Safe and
Drug-Free Schools and Communities Act (Title IV of the Elementary and
Secondary Education Act of 1965 (ESEA) Reauthorization)
DEADLINE: 1:00 p.m. Wednesday, April 21, 1999
In accordance with OMB Circular A-19, OMB requests the views of your
agency on the above subject before advising on its relationship to the
program of the President. please advise us if this item will affect
direct spending or receipts for purposes of the "Pay-As-You-Go" provisions
of Title XIII of the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: This redraft includes 2 major changes: (1) new language on
physical education requirements, and (2) change in the Gun-Free Schools
Act (alternative placements) . Changes are in boldfaced type. This
deadline is firm, due to the need to resolve all issues on this bill this
week.
The draft bill language will shortly be placed on the following website as
revised language:
http://tabula.ost.dot.gov/ed
Use the following identifying information to access the material:
username: lrm
password: text
DISTRIBUTION LIST
AGENCIES:
52-HEALTH & HUMAN SERVICES - Sondra S. Wallace - (202) 690-7760
61-JUSTICE - Jon P. Jennings - (202) 514-2141
89-0ffice of National Drug Control Policy - John Carnevale - (202) 395-6736
39-Federal Emergency Management Agency - Ernest B. Abbott - (202) 646-4105
EOP:
Barbara Chow
Barry White
Wayne Upshaw
Wei-Min C. Wang
Mary I. Cassell
Iratha H. Waters
Bruce N. Reed
Elena Kagan
Jonathan H. Schnur
Tanya E. Martin
Bethany Little
Lynn G. Cutler
Broderick Johnson
Jeffrey L. Farrow
Pet'er Rundlet
Robert G. Damus
Rosalyn J. Rettman
Daniel J. Chenok
Daniel I. Werfel
David J. Haun
James Boden
Janet R. Forsgren
James J. Jukes
LRM ID: CJB59 SUBJECT: Further REVISED EDUCATION Draft Bill on
Safe and Drug-Free Schools and Communities Act (Title IV of the Elementary
and Secondary Education Act of 1965 (ESEA) Reauthorization)
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no
comment), we prefer that you respond bye-mail or by faxing us this
response sheet. If the response is short and you prefer to call, please
call the branch-wide line shown below (NOT the analyst's line) to leave a
message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be
connected to voice mail if the analyst does not answer); or
(2) sending us a memo or letter
please include the LRM number shown above, and the subject shown below.
TO: Constance J. Bowers Phone: 395-3803 Fax: 395-6148
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant) :
395-7362
FROM: (Date)
(Name)
(Agency)
(Telephone)
The following is the response of our agency to your request for views on
the above-captioned subject:
Concur
No Objection
No Comment
See proposed edits on pages
Other:
FAX RETURN of _____ pages, attached to this response sheet
- SDFSCA2.doc
- SDFSCA-sbs2.doc
Unable to convert ARMS_EXT: [ATTACH.DO)ARMS24915472E.136 to ASCII,
The following is a HEX DUMP:
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FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
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Hex-Dump Conversion
1 DRAFT-4/20/99
2
3 "TITLE IV - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT"
4
5 SEC. 401. Title IV of the Elementary and Secondary
6
7 Education Act of 1965 is amended to read as follows:
8
9 "TITLE IV - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
10
11 "SHORT TITLE
12
13 "SEC. 4001. SHORT TITLE. This title may be cited as
14
15 the 'Safe and Drug-Free Schools and Communities Act.'
16
17 "FINDINGS
18
19 "Sec. 4002. FINDINGS. The Congress finds that:
20 "(1) Safe and Drug-Free Schools and Communities
21 Programs support achievement of Goal One of the National
22 Drug Control Strategy - to educate and enable America's
23 youth to reject illegal drugs, as well as alcohol and
24 tobacco - and Goal Seven of America's Education Goals -
25 that every school in the United States will be free of
26 drugs, violence, and the unauthorized presence of firearms
27 and alcohol.
28 "(2) It is essential for schools to provide a
29
30 drug-free, safe, and orderly learning environment for all
31
32 students, if all students are to live healthy lives and
33
34 achieve to high academic standards.
35
36 "(3) Student drug use and school violence are
37
HexDJmp Conve::;ion
1 serious educational and public health concerns.
2
3
4 "(4) Safe and Drug-Free Schools and Communities
5
6 programs are most likely to be effective when they are
7
8 based on a thorough assessment of objective data about the
9
10 drug and violence problems in schools and communities, are
11
12 designed to meet measurable goals and objectives, are based
13
14 on sound research or evaluation findings, and are evaluated
15
16 regularly and held accountable for results.
17
18 "(5) Safe and Drug-Free Schools and Communities
19
20 program resources should be targeted at the local level to
21
22 projects in areas that demonstrate need for the funds, have
23
24 developed the best strategic plans for using the funds, and
25
26 are committed to being accountable for results.
27
28 "(6) A significant number of students are
29
30 suspended or expelled from school each year or are truant
31
32 and receive no educational services while they are out of
33
34 school.
35
36
37 "(7) Lifelong physical activity contributes to
38 students' well-being, and, consistent with the second of
39 America's Education Goals, it is appropriate for the
40 Federal government to help strengthen State and local
41 efforts in this area.
42
2
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"PURPOSE
2 "Sec_ 4003_ DECLARATION OF PURPOSE_ The purpose of
3 this title is to support programs for creating and
4 maintaining drug-free, safe, and orderly environments for
5 learning in and around schools, by awarding Federal
6 financial assistance to-
7 "(1) State educational agencies for competitive
8 awards to local educational agencies with a demonstrated
9 need for services and the highest quality proposed
10 programming;
11 "(2) Governors for competitive awards to local
12 educational agencies, as well as community-based
13 organizations and other public entities and nonprofit
14 organizations, for programs that complement and support
15 local educational agency programs;
16 "(3) State educational agencies and Governors
17 for capacity-building, and technical assistance and
18 accountability services and activities to improve the
19 effectiveness of, and institutionalize, State and local
20 Safe and Drug-Free Schools and Communities programs; and
21 "(4) Public and private organizations, and
22 individuals, for training programs, demonstrations,
23 evaluations, research projects, direct services, and
24 technical assistance to schools and school systems,
3
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developing and disseminating materials and information,
2 drug and violence prevention programs at the postsecondary
3 level, and other activities related to the purposes of this
4 title.
5
6 "AUTHORIZATION OF APPROPRIATIONS
7 "SEC. 4004. AUTHORIZATION. There are authorized to
8 be appropriated-
9 "(1) such sums as may be necessary for fiscal
10 year 2001 and each of the four succeeding fiscal years to
11 carry out Part A;
12 "(2) such sums as may be necessary for fiscal
13 year 2001 and each of the four succeeding fiscal years to
14 carry out Part B; and
15 "(3) such sums as may be necessary for fiscal
16 'year 2001 and each of the four succeeding fiscal years to
17 carry out Part C.
18
19 . "PART A - STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION
20 PROGRAMS
21 "RESERVATIONS AND ALLOTMENTS
22 "Sec. 4111 (a) RESERVATIONS.-(l) From the amount
23 made available unde~ section 4004(1) to carry out this Part
24 for each fiscal year, the Secretary-
4
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"(A) shall reserve 1 percent of such amount
2 for grants under this Part to Guam, America Samoa, the
3 virgin Islands, and the Commonwealth of the Northern
4 Mariana Islands, to be allotted in accordance with the
5 Secretary's determination of their respective needs;
6 "(B) shall reserve 1 percent of such amount
7 for the Secretary of the Interior to carry out programs for
8 Indian youth;
9 "(C) shall reserve 0.2 percent of such
10 amount for programs for Native Hawaiians; and
11 "(D) may reserve not more than $2,000,000
12 for evaluation activities required by section 4117(a)
13 " (2) (A) (i) Funds reserved under paragraph (1) (A)
14 may not be consolidated under the provisions of Title V of
15 Pub. L. 95-134.
16 "(ii) The Governor of Guam, America
17 Samoa, the Virgin Islands, or the Commonwealth of the
18 Northern Mariana Islands may direct the Secretary to
19 consolidate the Governor's share of funds under this Part
20 with the State educational agency's share and award the
21 consolidated amount to the State educational agency for
22 administration in accordance with the requirements of this
23 Part applicable to State educational agencies.
5
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"(iii) Funds reserved under paragraph
2 (1) (A) shall be used to carry out programs and activities
3 that-
4 "(I) are authorized by this Part
5 and are implemented in a manner that is consistent with the
6 program requirements under section 4114; and
7 "(II) are subject to the
8 application requirements under section 4112(a).
9 "(B) Funds reserved under paragraph (1) (B)
10 shall be used to carry out programs and activities
11 authorized by this Part that meet the needs of Native
12 American youth and that are implemented in a manner that is
13 consistent with the program requirements under section
14 4114.
15 "(e) (i) Funds reserved under paragraph
16 (1) (e) shall be .used by the Secretary to award grants or
17 contracts to organizations primarily serving or
18 representing Native Hawaiians to carry out programs and
19 activities authorized by this Part that meet the needs of
20 Native Hawaiian youth and that are implemented in a manner
21 that is consistent with the program requirements under
22 section 4114.
23 "(ii) Recipients of funds reserved
24 under paragraph (1) (e) shall coordinate their ~rograms and
6
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activities with programs and activities under this Part
2 carried out by the State educational agency of Hawaii.
3 "(iii) For the purposes of this section,
4 the term 'Native Hawaiian' has the same meaning as the term
5 is provided in section 9212 of the Elementary and Secondary
6 Education Act of 1965.
7 "(b) STATE ALLOTMENTS.-(l) Except as provided in
8 paragraph (2), the Secretary shall, for each fiscal year,
9 allocate among the States-
10 "(A) one-half of the remainder not reserved
II under subsection (a) according to the ratio between the
12 school-aged population of each State and the school-aged
13 population of all the States; and
14 "(B) one-half of such remainder according
15 to the ratio between the amount each State received under
16 section 1122 of Part A of title I of the Act for the
17 preceding year and the sum of such amounts received by all
18 the States.
19 "(2) MINIMUM. For any fiscal year, no State
20 shall be allotted under this subsection an amount that is
21 less than one-half of one percent of the total amount
22 allotted to all the States under this subsection.
23 "(3) REALLOTMENT. The Secretary may reallott
24 any
7
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amount of any allotment to a State if the Secretary
2 determines that the State will be unable to use such amount
3 within two years of such allotment. Such reallotments shall
4 be made on the same basis as allotments are made under
5 paragraph (1).
6 "(4) DEFINITIONS. For the purposes of this
7 part-
8 "(A) the term 'State' means each of the 50
9 States, the District of Columbia, and the Commonwealth of
10 Puerto Rico; and
Jl " (B) the term 'local education agency'
12 includes educational service agencies and consortia of such
13 agencies.
14
15 "STATE APPLICATIONS
16 "Sec. 4112. (a) STATE APPLICATION. In order to
17 receive an allotment under section 4111(b) for any fiscal
18 year, a State shall submit to the Secretary, at such time
19 and in such manner as the Secretary may require, as-year
20 application that-
21 " (1) is submitted jointly by the Governor and
22 the State educational agency of the State;
23 "(2) contains a description of how funds under
8
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this part will be coordinated with other programs under
2 this Act and with other Federal education and drug
3 prevention programs;
4 "(3) contains a comprehensive plan for the use
5 of funds by the State educational agency and the Governor
6 to provide safe, orderly, and drug-free school environments
7 that includes-
8 " (A) the results of the State's needs
9 assessment for drug and violence-prevention programs, which
10 shall be based on the results of ongoing State evaluation
11 activities and include data on the prevalence of drug use
12 and violence by youth in schools and communities in the
13 State;
14 "(B) a list of the State's results-based
15 performance measures for drug and violence prevention,
16 which shall-
,
17 "(i) be focused on student behavior
18 and attitudes and derived from the needs assessment;
19 "(ii) be selected from a core set of
20 indicators that the Secretary shall develop in consultation
21 with State and local officials;
22 "(iii) include targets and due dates
23 for the attainment of these indicators; and
9
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"(iv) include a description of the
2 procedures the State will use to inform local educational
3 agencies of the State's resul ts-based performance measures
4 for drug and violence prevention for assessing and publicly
5 reporting progress toward meeting these indicators, or
6 revising them as needed; and
7 "(v) include a description of how the
8 procedures described in subparagraph (C) and subparagraph
9 (D) will support the achievement of the State's results-
10 based performance measures.
II "(C) a description of the procedures the
12 State educational agency will use for reviewing
13 applications and awarding funds to local educational
14 agencies on a competitive basis under section 4113(c),
15 including-
16 "(i) the objective criteria the State
17 educational agency will use for determining which local
18 educationai agencies are eligible to compete for these
19 funds;
20 "(ii) the criteria the State
21 educational agency will use to assess the relative quality
22 of applications and demonstrated need for funding by these
23 local educational agencies;
10
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"(iii) the peer review process the
2 State educational agency will use to review applications;
3 "(iv) how the State educational agency
4 will ensure that the geographical distribution of awards
5 reflects the diversity of local educational agencies in the
6 State; and
7 "(v) how the State educational agency
8 and the Governor will coordinate these programs;
9 "(D) a description of the procedures,
10 including objective criteria, the State educational agency
11 will use for reviewing any applications and awarding any
12 funds to local educational agencies on a non-competitive
13 basis under section 4113(c) (3);
14 "(E) a description of the procedures the
15 Governor will use to award funds to eligible applicants on
16 a competitive basis consistent with section 4115(c),
17 including-
18 "(i) the criteria the Governor will
19 use to assess the relative quality of applications and
20 demonstrated need for funding of eligible applicants;
21 " (ii) the peer review process the
22 Governor will use to review applications;
23 "(iii) how those funds will be used
11
Hex-Dump Corlversion
for community resources and activities that support local
2 educational agency programs to create drug-free, safe, and
3 disciplined learning environments in, and passageways to
4 and from schools; and
5 "(iv) how the Governor will ensure
6 that the geographic distribution of awards reflects the
7 diversity of local educational agencies in the State;
8 "(F) a description of how the State
9 educational agency and Governor will use the funds reserved
10 under section 4ll3(b) and 4ll5(b) for coordinated capacity-
11 building and technical assistance and program
12 accountability services and activities at the State and
13 local levels, including how the State educational agency
14 and Governor will coordinate their activities with law
15 enforcement, health, mental health, and education programs
16 and officials at the State and local levels;
17 "(G) a description of how the State
18 educational agency and the Governor will monitor local
19 programs; and
20 "(H) a description of how the State
21 educational agency will ensure that local educational
22 agencies not receiving funds under this Part will be
23 provided technical assistance to improve their programs;
24 "(4) contains assurances that the application
12
HexDiJmp COflve:sion .
was developed in consultation and coordination with
2 appropriate State officials, including the head of the
3 State alcohol and drug abuse agency, the heads of the State
4 health and mental health agencies, the head of the State
5 criminal justice planning agency, the head of the State
6 child welfare agency, the head of the State board of
7 education, or their designees, and representatives of
8 parents, students, and community-based organizations; and
9 "(5) contains assurance that the State will
10 cooperate with, and assist the Secretary in conducting the
II national impact evaluation of programs required by section
124117(a).
13 " (b) PEER REVIEW. The Secretary shall use a peer
14 review process in reviewing State applications under this
15 section.
16
17 "STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS
18 "Sec. 4113 (a) ALLOCATION OF FUNDS. In each fiscal
19 year, 80 percent of the total amount allocated to the State
20 under section 4111(b) shall be used by the State
21 educational agency and local educational agencies in the
22 State to carry out programs and activities in accordance
23 with this section that are designed to create and maintain
13
HexDiJm~ GOflvc:-sion .
drug-free, safe, and orderly environments for learning in
2 and around schools in the State.
3 "(b) STATE LEVEL ACTIVITIES.-(l) A State "educational
4 agency shall reserve not more than 20 percent of the amount
5 described in subsection (a) for State level activities
6 described in paragraphs (2) and (4)"
7 "(2) A State educational agency may use not more
8 than 5 percent of the amount described in subsection (a)
9 for the costs of carrying out its administrative
10 responsibilities under this part.
11 "(3) The State educational agency shall reserve
12 the remainder of the amount described in paragraph (1)
13 after application of paragraph (2), but not less than 10
14 percent of the amount described in subsection (a), for
15 State level activities described in paragraph (4).
16 " (4) (A) The State educational agency and the
17 Governor shall jointly use the amounts reserved under
18 paragraph (3) and section 4115(b) (3) to plan, develop, and
19 implement capacity building and technical assistance and
20 accountability services that are designed to support the
21 effective implementation of local drug and violence
22 prevention activities throughout the State and promote
23 program accountability and improvement.
14
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"(B) (i) The State educational agency and
2 Governor may carry out the services and activities
3 described in subparagraph (A) directly, or through
4 subgrants or contracts with public and private
5 organizations, as well as individuals_
6 "(ii) Except as provided under clause
7 (iii), the State educational agency and Governor shall, to
8 the extent practicable, use funds under this paragraph to
9 provide capacity building and technical assistance and
10 accountability services and activities to all local
11 educational agencies in the State, including those that do
12 not receive funds under this part_
13 "(iii) The State educational agency
14 and the Governor may use fund under this paragraph to
15 provide emergency intervention services to schools and
16 communities following a traumatic crisis, such as a
17 shooting, major accident, or drug-related incident that has
18 disrupted the learning environment.
19 "(C) For the purpose of this paragraph-
20 " (i) 'capacity building' means
21 activities to improve the knowledge, skills, and expertise
22 of State and local program staff needed to plan, implement,
23 and improve effective research-based programs; and
24 " (ii) 'technical assistance and
15
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accountability services' means activities designed to
2 improve State and local programs and activities under this
3 Part, including dissemination of information and curricula,
4 program evaluation, demonstration programs, peer review of
5 local educational agency applications, and evaluation
6 assistance, such as collecting, monitoring, and reporting
7 program indicator data.
8 U(c) LOCAL-LEVEL ACTIVITIES.-(l) A State educational
9 agency shall use not less than 80 percent of the amount
10 described in subsection (a) for local-level activities
11 described in paragraphs (2) and (3).
12 U(2) (A) A State educational agency shall use at
13 least 70 percent of the amount described in subsection (a)
14 to make competitive subgrants, consistent with subparagraph
15 (C) (i), to local educational agencies (or consortia of
16 local educational agencies) that the State educational
17 agency determines, based on objective data, have need for
18 assistance under this part.
19 U(B) In determining which local educational
20 agencies (or consortia) have need for assistance under this
21 Part, the State educational agency may consider such
22 factors as-
23 U(i) high rates of alcohol, tobacco,
24 or drug use among youth;
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"Iii) high rates of victimization of
2 youth by violence and crime;
3 "(iii) high rates of arrest and
4 adjudication of youth for violent or drug- or alcohol-
5 related delinquency;
6 "(iv). high rates of bullying, hate-
7 related incidents, racial harassment, sexual harassment, or
8 sexual abuse;
9 "(v) high rates of referrals of youths
10 to drug and alcohol abuse treatment and rehabilitation
11 programs;
12 "(vi) high rates of referrals of
13 youths to juvenile court;
14 "(vii) high rates of expulsions and
15 suspensions of students from schools;
16 "(viii) high rates of reported cases
17 of child abuse and domestic violence;
18 " (ix) the extent of i~legal gang
19 activity;
20 "(x) local fiscal capacity to fund
21 such programs without Federal assistance;
22 " (xi) the incidence of drug
23 paraphernalia in schools; and
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"(xii) high rates of drug-related
2 emergencies or deaths_
3 "(e) (i) The State educational agency shall
4 base the competition it conducts under subparagraph (A) on
5 the quality of the applicant's proposed program and how
6 closely it is aligned with the principles of effectiveness
7 described in clause (ii).
8 "(ii) For the purpose of this
9 subsection, the State educational agency shall use the
10 following principles of effectiveness:
II " (I) The applicant's program is
12 based on a thorough assessment of objective data about the
13 drug and violence problems in the schools and communities
14 to be served.
IS " (II) The applicant has
16 established a set of measurable goals and objectives aimed
17 at ensuring that all schools served by the local
18 educational agency have a drug-free, safe, and orderly
19 learning environment, and has designed its programs to meet
20 those goals and objectives.
21 " (III) The applicant has designed
22 and will implement its programs for youth based on research
23 or evaluation that provides evidence that the program to be
18
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used will prevent or reduce drug use, violence,
2 delinquency, or disruptive behavior among youth.
3 "(IV) The applicant will evaluate
4 its program periodically to assess its progress toward
5 achieving its goals and objectives, and will use evaluation
6 results to refine, improve, and strengthen its program, and
7 refine its goals and objectives, as needed.
8 " (D) A State educational agency may make
9 subgrants under this paragraph to not more than 50 percent
10 of the local educational agencies in the State.
II "(E) Subgrants under this paragraph shall
12 be of sufficient size to support high-quality, effective
13 programs and activities that are designed to create safe,
14 disciplined, and drug-free learning environments in schools
15 and that are consistent with the needs, goals, and
16 objectives identified in the State's plan under section
17 4112.
18 "(3) (A) A State educational agency may use not
19 more than 10 percent of the amount described in subsection
20 (a) to make non-competitive subgrants to local educational
21 agencies (or consortia of local educational agencies) with
22 the greatest need for assistance as described in paragraph
23 (2) (B) that did not receive a subgrant under (2) (A). A
19
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local educational agency may not receive more than one
2 subgrant under this paragraph.
3 "(B) A State educational agency shall not
4 make a subgrant to a local educational agency under this
5 paragraph unless it-
6 "(i) assists the local educational
7 agency in meeting the information requirements under
8 section 4116(a) pertaining to local educational agency
9 needs assessment, results-based performance measures,
10 comprehensive safe and drug-free schools plan, evaluation
11 plan, and assurances; and
12 "(ii) provides continuing technical
13 assistance to the local educational agency to build its
14 capacity to develop and implement high-quality, effective
15 programs consistent with the principles of effectiveness in
16 (c) (2) (C) (ii) .
17 "(d) PROJECT PERIODS AND REALLOCATION.-(l) (A)
18 Subgrants under subsection (c) shall be for project periods
19 not to exceed three years.
20 "(B) In order to receive funds under this
21 section for the second or third year of the project, a
22 local educational agency shall demonstrate to the
23 satisfaction of the State educational agency that the local
24 educational agency's project is making reasonable progress
20
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toward its performance indicators under section
2 4116 (a) (3) (c) .
3 "(2) A State educational agency may require
4 local educational agencies to return funds awarded to them
5 under this section that they have not expended within one
6 year of the date of the subgrant, and may award such
7 recovered funds to other local educational agencies with
8 the greatest need for them-
9 "(A) through a new competition;
\0 "(B) by funding high-quality applications
11 that were not funded in a previous competition; or
12 "(C) by making supplemental awards to
13 current subgrant recipients.
14
15 "LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS
16 "SEC. 4114 (a). PRINCIPLES OF EFFECTIVENESS. Each
17 local educational agency that receives a subgrant under
18 section 4ll3(c) shall use those funds to support research-
19 based, drug- and violence-prevention services and
20 activities that are consistent with the principles of
21 effectiveness described in section 4ll3(c) (2) (C) (ii).
22 "(b) OTHER AUTHORIZED ACTIVITIES.-(l) Each local
23 educational agency that receives a subgrant under section
24 4ll3(c) may also use those funds to carry out, in a manner
21
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that is consistent with the most recent relevant research,
2 other services and activities that are consistent with the
3 purposes of this title, such as-
.4 "(A) staff training and development;
5 "(B) parental involvement and training;
6 "(C) community involvement activities;
7 "(D) law enforcement and security
8 activities that are related to school safety and drug use;
9 "(E) creating and maintaining safe zones of
10 passage to and from school to prevent violence and drug
11 trafficking;
12 "(F) counseling, mentoring, and referral
13 services, and other student assistance programs;
14 "(G) before- and after-school programs;
15 "(H) alternative education programs for
16 those students who have been expelled from their regular
17 education programs;
18 "(I) programs to assist students to reenter
19 the regular education program upon return from treatment or
20 alternative education settings;
21 "(J) services and activities that reduce
22 the need for suspension and expulsion in maintaining
23 classroom order and school discipline;
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"(K) services and activities to prevent and
2 reduce truancy; and
3 "(L) activities designed to prevent hate
4 crimes_
5 "(2) A local educational agency may not use more that
6 20 percent of its subgrant for the acquisition or use of
7 metal detectors and security personnel unless it
8 demonstrates in its application under section 4116 to the
9 satisfaction of the State educational agency that it has a
10 compelling need to do so.
11
12
\3 "GOVERNOR'S PROGRAMS
14 "SEC. 4115 (a) ALLOCATION OF FUNDS. In each fiscal
15 year, 20 percent of the total amount allocated to the State
16 under section 4111(b) shall be used by the Governor to
17 support community efforts that directly complement the
18 efforts of local educational agencies to foster drug-free,
19 safe, and orderly learning environments in and around
20 schools.
21 "(b) STATE LEVEL ACTIVITIES.-(l) A Governor shall
22 reserve not more than 20 percent of the amount described in
23 subsection (a) for State level activities described in
24 paragraph (2) and section 4113(b) (4).
23
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"(2) A Governor may use not more than 5 percent
2 of the amount described in subsection (a) for costs, direct
3 or indirect, of carrying out the Governor's administrative
4 responsibilities under this Part-
5 "(3) The Governor shall reserve the remainder of
6 the amount described in paragraph (1), after application of
7 paragraph (2), but not less than 10 percent of the amount
8 described in subsection (a), for State-level activities
9 that are administered jointly with the State educational
10 agency, as described in section 4113 (b) (4) .
11 "(c) LOCAL LEVEL ACTIVITIES.-(l) (A) A Governor shall
12 use not less than 80 percent of the amount described in
13 subsection (a) to make competitive subgrants to, or
14 contracts with, community-based organizations, local
15 educational agencies, and other public entities and private
16 non-profit organizations, or consortia thereof, to support
17 community efforts that directly complement the efforts of
18 local educational agencies to foster drug-free, safe, and
19 orderly learning environments in and around schools.
20 "(B) To be eligible for a subgrant under
21 this subsection, an applicant (other than a local
22 educational agency applying on its on behalf) shall include
23 in its application its written agreement with one or more
24 local educational agencies, or one or more schools within a
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local educational agency, to provide services and
2 activities in support of such local educational agencies or
3 schools, as well as an explanation of how those services
4 and activities will complement or support the local
5 educational agencies' or schools' efforts to provide a
6 drug-free, safe, and orderly school environment.
7 "(e) The Governor shall base the
8 competition conducted under subparagraph (A)-
9 "(i) on the quality of the applicant's
10 proposed program and how closely it is aligned with the
11 principles of effectiveness described in section
12 4113 (c) (2) (e) (i i) i and
13 "(ii) on the needs of the schools or
14 local educational agencies to be served, based on the
15 objective criteria determined by the Governor.
16 "(D) Subgrants under this subsection may
17 support community efforts on a Statewide, regional, or
18 local basis and may support the efforts of local
19 educational agencies and schools that do not receive funds
20 under this Part.
21 "(2) (A) Each recipient of a subgrant under this
22 subsection shall use those funds to support research-based
23 services and activities that are consistent with the
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principles of effectiveness described in section
2 4113 (c) (2) (C) (ii) .
3 "(B) Each recipient of a subgrant under
4 this subsection may also use those funds to carry out, in a
5 manner that is consistent with the most recent relevant
6 research, other services and activities that are consistent
7 with the purposes of this title, such as-
8 "(i) counseling and mentoring
9 services;
10 " (ii) the support of school resource
II officers, and other partnerships with law enforcement;
12 "(iii) after school programs;
13 "(iv) activities designed to prevent
14 hate crimes; and
15 "(v) alternative education programs
16 for students removed from their regular educational
17 programs.
18
19 "LOCAL APPLICATIONS
20 SEC. 4116. APPLICATION CONTENTS.-(a) (1) Applicants
21 for subgrants under sections 4113(c) (2), 4113(c) (3), and
22 4115(c) shall submit an application at such time and
23 including such information as the State educational agency
26
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or the Governor, as applicable, requires, consistent with
2 . paragraph (3).
3 "(2) (A) Applications from local educational
4 agencies for subgrants under section 4113(c) (2), section
5 4113(c) (3), and section 4115 (c) shall be developed in
6 consultation with a local or regional advisory council that
7 includes, to the extent possible, representatives of local
8 government, business, parents, students, teachers, pupil
9 services personnel, mental health service providers,
10 appropriate State agencies, private schools, law
11 enforcement, community-based organizations, and other
12 groups interested in, and knowledgeable about, drug and
13 violence prevention.
14 "(B) Applications from entities other than
15 local educational agencies for subgrants under section
16 4115(c) shall be developed in consultation with the schools
17 or local educational agencies to be served, and to the
18 . extent practicable, with the representatives described in
19 subparagraph (A).
20 "(3) Each application for a subgrant described
21 in subsection (a) shall contain-
22 " (A) the results of the applicant's needs
23 assessment concerning the creation and maintenance of a
24 drug-free, safe, and orderly school environment and include
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data on the prevalence of drug use and violence by youth in
2 the schools and communities to be served;
3 "(B) a description of how the applicant
4 will target services and activities on the communities,
5 schools, and students with the greatest need for assistance
6 in creating and maintaining drug-free, safe, and orderly
7 learning environments;
8 " (C) the applicant's results-based
9 performance measures for creating and maintaining a drug-
10 free, safe, and orderly learning environment, which shall
II be focused on student behavior and attitudes, and include
12 annual targets for each performance measure;
13 "(D) a description of the procedures the
14 applicant will use to assess and publicly report progress
IS toward meeting its performance indicators;
16 "(E) a description of how-
17 " (i) the applicant will use the funds
18 to be awarded, how the activities it will support with
19 those funds address the needs identified under subparagraph
20 (A) and the performance measures identified in subparagraph
21 (C); and
22 " (ii) if the applicant is a local
23 educational agency, how those activities are consistent
24 with the Safe and Drug-Free Schools plan under paragraph
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(4) (F) or other existing school plan related to safe,
2 disciplined and drug-free environments.
3 "(F) a description of how the applicant
4 will coordinate its activities with local, State, and
5 Federal law enforcement, health, mental health, and
6 education officials;
7 "(G) a description of how the applicant
8 will coordinate its activities under this part with those
9 implemented under the Drug-Free Communities Act, if any;
10 "(H) a description of the applicant's plan
11 for evaluating its project; and
12 "(I) any other information the State
13 educational agency or Governor, as applicable, may require
14 to review applications, and award subgrants, based on the
15 applicant's need for assistance and the quality of the
16 application.
17 "(4) Each applicant for a subgrant under section
18 4113 (c) (2) or 4113 (c) (3) shall also include in its
19 application assurances that it-
20 "(A) has a policy prohibiting the use of
21 tobacco by students and adults at all times in school
22 buildings and on school grounds, consistent with the
23 Tobacco-Free Schools Act;
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"(B) has a policy, consistent with State
2 law, that requires the expulsion of students who possess a
3 firearm at school consistent with the Gun-Free Schools Act;
4 "(C) has, or will have, a full-or part-time
5 program coordinator whose primary responsibility is
6 planning, designing, implementing, and evaluating the
7 applicant's programs (unless the applicant demonstrates in
8 its application, to the satisfaction of the State
9 educational agency, that such a program coordinator is not
10 needed) ;
11 "(D) will evaluate its program every two
12 years to assess its progress toward meeting its goals and
13 objectives, and will use the results of its evaluation to
14 improve its program and refine its goals and objectives, as
15 needed;
16 "(E) will provide for an annual school
17 safety and drug use report card, as required by section
18 4117 (d); and
19 "(F) has, or the schools to be served have,
20 a comprehensive Safe and Drug-Free Schools plan that
21 includes-
22 "(i) appropriate and effective
23 discipline policies that prohibit disorderly conduct and
24 the illegal use, possession, distribution, and sale of
30
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tobacco, alcohol, and other drugs by students, and that
2 mandate predetermined consequences, sanctions, or
3 interventions for specific offenses;
4 "(ii) school security procedures at
5 school and while students are on the way to and from
6 school;
7 "(iii) early intervention and
8 prevention activities designed to. create and maintain safe,
9 disciplined, and drug-free environments;
10 "(iv) school readiness and family
11 involvement activities;
12 "(v) improvements to classroom
13 management and school environment, such as efforts to
14 reduce class size or improve classroom discipline; and
15 "(vi) arrangements for-
16 "(I) referring troubled youth to
17 juvenile justice and other community resources, as
18 appropriate; and
19 "(II) responding to a violent or
20 traumatic crisis that disrupts the learning environment.
21 "(5) Each applicant for a subgrant under section
22 4115 (c) shall also include in its application--
23 "(A) a description of how the services and
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activities to be supported will be coordinated with
2 relevant programs under this Part that are supported by
3 State educational agencies, including how recipients will
4 share resources, services, and data;
5 "(B) a description of how the applicant
6 will coordinate its activities under this part with those
7 implemented under the Drug-Free Communities Act, if any;
8 and
9 "(C) (i) an assurance that it will evaluate
10 its program every two years to assess its progress toward
11 meeting its goals and objectives, and will use the results
12 of its evaluation to improve its program and refine its
13 goals and objectives as needed, if the applicant is not a
14 local educational agency; or
15 " (ii) the assurances under paragraph
16 (4) if the applicant is a local educational agency.
17 "(b) REVIEW OF APPLICATION. To review applications
18 under this section-
19 " (1) State educational agencies shall use a peer
20 review process ; and
21 "(2) Governors may use a peer review process or
22 other methods that ensure that applications are funded on
23 the basis of need and quality.
24
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"NATIONAL EVALUATIONS AND DATA COLLECTIONS
2 "SEC. 4117(a) NATIONAL EVALUATIONS.-(l) The
3 Secretary shall provide. for periodic national evaluations,
4 at least every two years, of the quality and impact of
5 programs under this title and other programs designed to
6 prevent drugs and violence in schools and submit a report
7 of the findings of such evaluations to the President and
8 Congress.
9 "(2) (A) The National Center for Education
10 Statistics shall collect data to determine the frequency,
11 seriousness, and incidence of violence in elementary and
12 secondary schools in the States. The Secretary shall
13 collect the data using, wherever appropriate, data
14 submitted by the States pursuant to subsection (b) (1) (B) .
15 "(B) The Secretary shall report to Congress
16 on the data collected under this paragraph, together with
17 such recommendations as the Secretary determines
18 appropriate.
19 "(3) The Secretary of Education and the Attorney
20 General shall publish annual reports on school safety.
21 "(b) STATE REPORTS.-(l) The Governor and State
22 educational agency of each State shall annually report to
23 the Secretary, in such form as the Secretary may require,
24 on the State's progress toward attaining its performance
33
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indicators, required under section 4112 Ca) (1) (c) (ii), for
2 achieving drug-free, safe, and orderly learning
3 environments in its schools. Annual reports shall-
4 "(A) be based on the State's ongoing
5 evaluation activities;
6 "(B) include data on the prevalence and
7 incidence of drug use and violence by youth in schools and
8 communi ties;
9 "(C) address the implementation and
10 outcomes of State and local programs under this Part, as
11 well as their effectiveness; and
12 "(D) be made readily available to the
13 public.
14 "(2) Each State shall report to the Secretary,
15 in such form as the Secretary, in consultation with the
16 Secretary of Health and Human services, may require, all
17 school related suicides and homicides within the State
18 within 30 days of the incident.
19 "(c) LOCAL REPORTS.-(l) (A) Each local educational
20 agency that receives a subgrant under section 4113(c) (2) or
21 section 4113(c) (3) shall report annually to the State
22 educational agency and the public on-
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"(i) the local educational agency's
2 progress toward meeting its results-based performance
3 indicators for its program;
4 "(ii) the results of its on-going
5 evaluation of its program; and
6 "(iii) any problems the local
7 educational agency has encountered in implementing its
8 program that warrant the provision of technical assistance
9 by the State educational agency_
10 "(B) The State educational agency shall
11 review the annual reports described under paragraph (1) and
12 shall not provide funding for the second or third year of a
13 local educational agency's program unless it determines
14 that the local educational agency is making reasonable
15 progress toward meeting its objectives_
16 "(2) (A) Each recipient of funds under section
17 411S(c) shall report annually to the Governor and to the
18 public on-
19 "(i) its progress toward meeting its
20 . results-based performance measures for its program;
21 " (ii) the results of its on-going
22 evaluation of its program; and
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"(iii) any problems it encountered in
2 implementing its program that warrant the provision of
3 technical assistance by the Governor.
4 "(B) The Governor shall review the annual
5 reports described under subparagraph (A), and shall not
6 provide funding for subsequent years of a mUlti-year
7 program unless the Governor determines that the recipient
8 is making reasonable progress toward meeting its
9 objectives.
10
11 "PART B - NATIONAL PROGRAMS
12 "NATIONAL ACTIVITIES
13 "SEC. 4211. (a) PROGRAM AUTHORIZED. From funds
14 appropriated to carry out this Part for each fiscal year
15 under section 4004(2), the Secretary shall carry out-
16 "(1) programs designed to promote drug-free,
17 safe, and orderly learning environments for students at all
18 educational levels, from preschool through the
19 postsecondary level; and
20 "(2) Programs for such students that promote
21 lifelong physical activity.
22 "(b) DRUG-FREE, SAFE AND ORDERLY LEARNING
23 ENVIRONMENTS.-(l) The Secretary may carry out the programs
24 described in subsection (a) (1) directly, or through grants,
36
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contracts, or cooperative agreements with public and
2 private organizations and individuals, or through
3 agreements with other Federal agencies, and shall
4 coordinate with other Federal agencies, as appropriate
5 . "(2) Programs under this subsection may include,
6 but are not limited to-
7 "(A) programs to train teachers in
8 innovative techniques and strategies of effective drug and
9 violence prevention;
10 "(B) research and demonstration projects to
II test innovative approaches to drug and violence prevention;
12 "(C) evaluations of the effectiveness of
13 programs funded under this title, or other programs
14 designed to create safe, disciplined, and drug-free
15 environments;
16 "(D) direct services and technical
17 assistance to schools and school systems, including those
18 afflicted with especially severe drug and violence
19 problems;
20 "(E) developing and disseminating drug and
21 violence prevention materials and information in print,
22 audiovisual, or electronic format, including information
23 about effective research-based programs, policies,
24 practices, strategies, and curriculum and other relevant
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materials to support drug and violence prevention
2 education;
3 "(F) recruiting, hiring, and training
4 program coordinators to assist school districts in
5 implementing high-quality, effective, research-based drug
6 and violence prevention programs;
7 "(G) the development and provision of
8 education and training programs, curricula, instructional
9 materials, and professional training for preventing and
10 reducing the incidence of crimes or conflicts motivated by
11 bullying, hate, prejudice, intolerance, or sexual
12 harassment and abuse;
13 "(H) programs for youth who are out of the
14 education mainstream, including school dropouts, students
15 who have been suspended or expelled from their regular
16 education program, and runaway or homeless children and
17 youth;
18 "(I) programs implemented in conjunction
19 with other Federal agencies that support local educational
20 agencies and communities in developing and implementing
21 comprehensive programs that create safe, disciplined, and
22 drug-free learning environments and promote healthy
23 childhood development;
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"(J) services and activities that reduce
2 the need for suspension and expulsion in maintaining
3 classroom order and discipline;
4 "(K) services and activities to prevent and
sreduce truancy; and
6 "(L) other activities that meet emerging or
7 unmet national needs consistent with the purposes of this
8 title.
9 "(c) LIFELONG PHYSICAL ACTIVITY PROGRAMS.-(l) The
10 Secretary may carry out the programs descr~bed in
11 subsection (a)(2) directly, or through grants, contracts,
12 or cooperative agreements with public and private
13 organizations and individuals, or through agreements with
14 other Federal agencies, and shall coordinate with the
IS Centers for Disease Control and Prevention, the President's
16 Council on Physical Fitness, and other Federal agencies, as
17 appropriate.
18 "(2) Programs under this subsection may include,
19 but are not limited to-
20 "(A) the conduct of demonstrations of
21 school-based programs that promote lifelong physical
22 activity, with a particular emphasis on physical education
23 programs that are part of coordinated school health
24 programs;
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"(B) training, technical. assistance, and
2 other activities to encourage States and local educational
3 agencies to implement sound school<-based programs that
4 promote lifel.ong physical. activity; and
5 "(C) activities designed to buil.d State
6 capacity to provide leadership and strengthen school.s'
7 capabilities to provide school-based programs that promote
8 lifelong physical activity.
9 "(d) PEER REVIEW. The Secretary shall use a peer
10 review process in reviewing applications for funds under
II this section.
12
\3 "PART C - SCHOOL EMERGENCY RESPONSE TO VIOLENCE
14 SEC. 4311. (a) PROJECT SERV.-(l) From funds
15 appropriated to carry out this Part for each fiscal year
16 under section 4004(3), the Secretary is authorized to carry
17 out a program of providing education-related services to
18 local educational agencies in which the learning
19 environment has been disrupted due to a violent or
20 traumatic crisis, such as a shooting or major accident.
21 Such program may be referred to as 'Project SERV.'
22 "(2) The Secretary may carry out Project SERV
23 directly, or through contracts, grants, or cooperative
24 agreements with public and private organizations and
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individuals, or through agreements with other Federal
2 agencies.
3 "(b) AUTHORIZED ACTIVITIES.-(l) Project SERV may
4 provide-
5 "(A) assistance to school personnel in
6 assessing a crisis situation, including-
7 "(i) assessing the resources available
8 to the local educational agency and community to respond to
9 the situation; and
10 "(ii) developing a response plan to
11 coordinate services provided at the Federal, State, and
12 local level;
13 "(B) mental health crisis counseling to
14 students and their families, teachers, and others in need
15 of such services;
16 "(C) increased school security;
17 "(D) training and technical assistance for
18 State and local educational agencies, State and local
19 mental health agencies, State and local law enforcement
20 agencies, and communities to enhance their capacity to
21 develop and implement crisis intervention plans;
22 " (E) service.s and activities designed to
23 identify and disseminate the best practices of school- and
24 community-related plans for responding to crises; and
41
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"(F) other needed services and activities
2 that are consistent with the purposes of this Part.
3 "(2) The. Secretary, in consultation with the
4 Attorney General, the Secretary of Health and Human
5 Services, and the Director of the Feder.al Emergency
6 Management Agency-
7 "(A) shall establish such criteria and
8 application requirements as may be needed to select which
9 local educational agencies are assisted under this Part;
10 and
11 "(B) may establish such reporting
12 requirements as.may be needed to collect uniform data and
13 other information from all local educational agencies
14 assisted under this part.
15 "(c) (1) There shall be established a Federal
16 Coordinating Committee on school crises comprised of the
17 Secretary, the Attorney General, the Secretary of Health
18 and Human Services, the Director of the Federal Emergency
19 Management Agency, the Director of the Office of National
20 Drug Control Policy, and such other members as the
21 Secretary shall determine. The Secretary shall serve as
22 chair of the Committee.
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"(2) The Corrunittee shall coordinate the Federal
2 responses to crises that occur in schools or directly
3 affect the learning environment in schools_
4
5 "PART D - RELATED PROVISIONS
6 "GUN FREE SCHOOLS ACT
7 "SEC. 4411. (a) SHORT TITLE. This section may be
8 cited as the 'Gun-Free Schools Act.'
9 "(b) REQUIREMENTS.-(l) Each State receiving Federal
10 funds under the Elementary and Secondary Education Act of
II 1965 shall have in effect a State law requiring local
12 educational agencies to expel from school, for a period of
13 not less than one year, a student who is determined to have
14 possessed a firearm at school under the jurisdiction of a
15 local educational agency in that State, except that such
16 State law shall allow the chief administering officer of
17 that local educational agency to modify the expulsion
18 requirement for a student on a case-by-case basis.
19 "(2) For the purpose of this section, the term
20 "firearm" means a firearm as such term is defined in
21 section 921 of title 18, United States Code.
22 " (c) SPECIAL RULE. The provisions of this section
23 shall be construed in a manner consistent with the
24 Individuals with Disabilities Education Act.
43
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"(d) REPORT TO STATE. Each local educational agency
2 requesting assistance from the State educational agency
3 under this Act shall provide to the State in its
4 application-
5 "(1) an assurance that such local educational
6 agency is in compliance with the State law required by
7 subsection (b); and
8 "(2) a description of the circumstances
9 surrounding any expulsions imposed under the State law
10 required by subsection (b) including-
11 "(A) the name of the school concerned;
12 "(E) the number of students expelled from
13 such school (disaggregated by gender, race, ethnicity, and
14 educational level); and
15 "(C) the type of weapons concerned.
16 "(e) REPORTING. Each State shall report the
17 information described in subsection (d) to the Secretary on
18 an annual basis.
19
20 "LOCAL POLICIES
21 "SEC. 4412. (a) REQUIRED POLICIES. No funds shall
22 be made available under this Act to any local educational
23 agency unless that agency has a policy requiring-
44
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"(1) referral to the criminal justice or
2 juvenile justice system of any student who possesses a
3 firearm at a school served by such agency;
4 "(2) referral to a mental health professional
5 for assessment as to whether a student described in
6 paragraph (1) poses an imminent threat of harm to himself
7 or others and needs' appropriate mental health services
8 before readmission to school; and
9 "(3) that any student who is expelled for
10 possession of a firearm at school be provided services to
11 the extent necessary to enable the student to progress
12 appropriately in the general curriculum.
13 "(b) SPECIAL RULE. The provisions of this section
14 shall be construed in a manner consistent with the
15 Individuals with Disabilities Education Act.
16 "(c) DEFINITIONS. For the purposes of this section,
17 the terms "firearm" and "school" have the same meaning
18 given those terms in section 921(a) of title 18, United
19 States Code.
20
21 "MATERIALS
22 "SEC. 4413 (a). 'WRONG AND HARMFUL MESSAGE'. Drug
23 prevention programs supported under this title shall convey
45
Ilex-Ouir.p Corlv'e:~IOi1
a clear and consistent message that the illegal use of
2 alcohol and other drugs is wrong and harmful.
3 "(b) CURRICULUM. The Secretary. shall not prescribe
4 the use of particular curricula for programs under this
5 title, but may evaluate and disseminate information about
6 the effectiveness of such curricula and programs.
7
8 "PROHIBITED USE OF FUNDS
9 "SEC. 4414. PROHIBITED USES. No funds under this
10 title may be used for-
11 "(1) construction (except for minor remodeling
12 needed to accomplish the purposes of this part); and
13 "(2) medical services or drug treatment or
14 rehabilitation, except for pupil services or referral to
15 treatment for students who are victims of, or witnesses to,
16 crime or who use alcohol, tobacco, or drugs.
17
18
19 "TOBACCO- FREE SCHOOLS
20 "SEC. 4415 (a), REQUIRED POLICY. Each State
21 educational agency and local educational agency that
22 receives funds under the Elementary and Secondary Education
23 Act of 1965 shall have a policy that prohibits the use of
24 tobacco, in any form, at any time, and by any person, in
46
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school buildings, on school grounds, or at any school-
2 sponsored event.
3 "(b) ASSURANCE. Each local educational agency
4 requesting assistance under this Act from the State
5 educational agency shall include in its application an
6 assurance that it is in compliance with the requirements of
7 this section.
8 " (c) STATE REPORTING. Each State educational agency
9 shall report to the Secretary on an annual basis if any
10 local educational agency is not in compliance with the
11 requirements of subsection (a).
12 " (d) SHORT TITLE. This section may be cited as the
13 'Tobacco- Free Schools Act.'
14
15
16
17 "PROHIBITION OF SUPPLANTING
18 "SEC. 4416. SUPPLANTING PROHIBITED. Funds under
19 this title shall be used to increase the level of State,
20 local, and other non-Federal funds that would, in the
21 absence of funds under this title, be made available for
22 programs and activities authorized under this title, and in
23 no case to supplant such State, local, and other non-
24 Federal funds.
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"DEFINITIONS OF TERMS
2 "SEC. 4417. DEFINITIONS. As used in this title-
3 "(1) the term 'drug and violence prevention'
4 means-
5 "(A) with respect to drugs, prevention,
6 early intervention, rehabilitation referral, or education
7 related to the illegal use of alcohol and the use of
8 controlled, illegal, addictive, or harmful substances,
9 including inhalants and anabolic steroids;
10 "(B) prevention, early intervention,
11 smoking cessation activities, or education related to the
12 use of tobacco by children and youth eligible for services
13 under this title; and
14 "(C) with respect to violence, the
15 promotion of school safety, such that students and school
16 personnel are free from violent and disruptive acts,
17 including sexual harassment and abuse and victimization
18 associated with prejudice and intolerance, on school
19 premises, going to and from school, and at school-sponsored
20 activities, through the creation and maintenance of a
21 school environment that is free of weapons and fosters
22 individual responsibility and respect for the rights of
23 others;
48
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"(2) the terms 'drug treatment' and 'drug
2 rehabilitation' include activities to assist regular users
3 of drugs to become drug-free, but do not include
4 alternative education programs for students expelled from
5 school, student assistance programs, or programs to help
6 students who have been expelled to re-enter and succeed in
7 their regular education program;
8 " (3) the term 'hate crime' means a crime
9 described in section l(b) of the Hate Crime Statistics Act
10 0 f 19 9 0; and
11 " (4 ) the term 'medical services' includes, but
12 is not limited to, the diagnosis and treatment of disease,
13 illness, or injury, but does not include assessments by
14 mental health professionals to determine whether a student
15 poses an imminent threat of harm to himself or others.
16
17
18
19 ENVIRONMENTAL TOBACCO SMOKE
20 SEC. 402. The Pro-Children Act of 1994 (20 u.s.c.
21 6081, et seq.) is amended-
22 (1 ) in section 1042(2)-
23 (A) by striking out "education"; and
49
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(B) in subparagraph (A) (i), by striking out
2 "or the Secretary of Education"; and
3 (2) in section 1043-
4 (A) in subsection (a), by striking out
5 "kindergarten, elementary, or secondary education or"; and
6 (B) in subsection (c)-
7 (i) in paragraph (1)-
8 (I) by striking out
9 "KINDERGARTEN, ELEMENTARY, OR SECONDARY EDUCATION OR" from
10 the heading thereof; and
11 (II) by striking out
12 "kindergarten, elementary, or secondary education or"; and
13 (ii) in paragraph (3), by striking out
14 "kindergarten, elementary, or secondary education or".
15
50
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4/20/99
TITLE IV - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT
SECTION-BY-SECTION ANALYSIS
Section 401 of the bill would amend and restate Title IV of
the ESEA, which authorizes assistance to States, local
educational agencies, and other public entities and
nonprofit organizations for programs to create and maintain
drug-free, safe, and orderly schools, as described below_
SHORT TITLE
Section 4001 - Short Title. Section 4001 would rename
Title IV of the ESEA as the "Safe and Drug-Free Schools and
Communities Act" to update the short title of "Safe and
Drug-Free Schools and Communities Act of 1994" in the
current law.
FINDINGS
Section 4002 - Findings. Section 4002 would update
the findings in section 4002 of the current law to focus
them on the need for program quality and accountability.
PURPOSE
Section 4003 - Declaration of Purpose. Section 4003
would contain a revised statement of purpose in section
4003 of the current law to reflect the following
overarching changes proposed in Title IV of the bill: (1)
a more focused program emphasis on supporting activities
for creating and maintaining drug-free, safe, and orderly
environments for learning in and around schools, as
compared to the more general emphasis under the current
program on supporting activities to prevent youth from
using drugs and engaging in violent behavior any time,
anywhere; (2) improved targeting of resources, through the
requirement that State educational agencies (SEAs)' award
funds competitively to local educational agencies (LEAs)
with a demonstrated need for funds and the highest quality
proposed programming, as compared to awarding funds to all
LEAs in the State noncompetitively, based on student
enrollment, under the current law; and (3) stronger
coordination between programs funded by the Governors and
the SEAs, by requiring that programs funded by the
Governors directly complement and support LEA programs, and
Hex-DUir,p Cortv'er:;IOii
by requiring Governors and SEAs to reserve funds at the
State level for joint capacity-building and technical
assistance, and accountability services, to improve the
effectiveness of, and institutionalize, State and local
Safe and Drug-Free Schools and Communities (SDFSC)
programs.
AUTHORIZATION OF APPROPRIATIONS
Section 4004 - Authorization. Section 4004 of the
bill would extend "such sums" authorizations for SDFSC
State grants and SDFSC National Programs for fiscal years
2001 through 2005, and establish a new such sums
authorization in each of these years for "Project SERV"
under Part C of Title IV.
PART A - STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION
PROGRAMS
RESERVATIONS AND.ALLOTMENTS
Section 4111(a) - Reservations. Section 4111(a) (1)
of the bill would retain the requirements in the current
law for the Secretary to reserve, from each fiscal year's
appropriation for SDFSC State grant funds, 1 percent for
the Outlying Areas, 1 percent for programs for Indian
youth, and 0.2 percent for programs for Native Hawaiians,
and would increase the amount of SDFSC State Grant funds
the Secretary may reserve each fiscal year for evaluation
to $2 million (up from $1 million under the current law) to
support more intensive evaluations that are needed to
demonstrate program outcomes and effectiveness.
Section 4111(a) (2) (A) (i) would prohibit the Insular
Areas from consolidating their SDFSC funds with other
Department of Education program funds, as would otherwise
be permitted under Insular Areas Consolidated Grant
Authority in Title V of Public Law 95-134. This language
would ensure that the SEA and Governor of each Insular Area
can coordinate their SDFSC programs as required elsewhere
in this Part in sections 4113 (b) (4) and 4115 (b) (3); without
this prohibition, a Governor or SEA may choose to spend its
SDFSC funds on other eligible program(s), making it
impossible for the Govern9r and SEA to meet these SDFSC
program coordination requirements.
2
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Section 4lll(a) (2) (A) (ii) would allow the Governor of
an Insular Area to consolidate its SDFse funds with the
Insular Area's SDFSe SEA funds, and allow the Insular Area
to administer both SDFse funding streams under the
statutory requirements applicable to SDFSe SEA programs.
This provision would address the reduced program
flexibility and increased administrative burden the Insular
Areas may experience from the prohibition in section
4111 (a) (2) (i) .
Section 4111(a) (2) (A) (iii) would add cross-references
to other provisions in the legislation to explicitly make
applicable to the Insular Areas the same SDFse requirements
concerning authorized programs and activities, applications
for funding, and coordination between the Governor and the
SEA that are applicable to the States.
Section 4111(a) (2) (B) would add cross reference to
other provisions in the legislation to explicitly make
applicable to the Secretary of the Interior the same SDFse
requirements concerning authorized programs and activities
for SDFse programs for Indian youth that are applicable to
the States.
Section 4111(a) (2) (e) would authorize SDFse programs
for Native Hawaiians (which are currently authorized under
section 4118) and explicitly make applicable to these
programs the same SDFse requirements concerning authorized
programs and activities that are applicable to the States.
This section would also delete the language in current
section 4118 requiring the Governor of the State of Hawaii
to recognize organizations eligible for funding under the
SDFse Native Hawaiian set-side, and add language requiring
that programs funded under this set-aside be coordinated
with the Hawaii SEA.
Section 41l1(b) (1) - State Allotments. Section
4l11(b) (1) would retain the provisions in the current law
requiring the Secretary to allocate State grant funds half
on the basis of school-aged population, and half on the
basis of State shares of ESEA Title I funding for the
preceding year.
Section 4111(b) (2) - Minimum. Section 4lll(b) (2)
would retain the provision in the current law that no State
receive less than one-half of one percent of all State
grant funding.
3
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Section 4111(b) (3) - Reallotment. Section 4111{b) (3)
would retain the provisions in the current law permitting
the Secretary to redistribute to other States, on the basis
of the formula in section 4111(b) (1), any amount of State
grant funds the Secretary determines a State will be unable
to use within two year of the initial award.
Section 4111(b) (4) - Definitions. Section 4111(b) (4)
would retain the definitions of "State" and "local
educational agency" in the current law.
STATE APPLICATIONS
Section 4112(a) - State Applications. Section
4112(a) (1) would change the State grant application
requirements in the current law to require that the
Governor and SEA apply jointly for funds, to ensure
increased coordination between the Governor and SEA,
consistent with the new program requirements proposed in
section 4113 (b) (4) and 4115 (b) (3) .
Section 4112(a) (2) would retain, with minor technical
changes, the requirement in the current law that States
include in their SDFSC State grant application a
description of how they will coordinate their SDFSC State
grant funding with other Federal education and drug
prevention programs.
Section 4112(a) (3) (A) and (E) would change the current
statute to require the States to include in their SDFSC
State grant applications: (1) a list of the State's
program performance indicators for drug and violence
prevention that are (a) outcomes-based, rather than simply
"measurable" as under current law, and (b) selected from a
core set of indicators to be developed by the Secretary in
consultation with State and local officials; and (2) a
description of (a) the procedures the State will use to
inform its LEAs of the State's performance indicators under
this program and for assessing and publicly reporting
progress toward meeting those indicators (or revising them
as needed), and (b) how the procedures the State will use
(as described in the State's application under sections
4112 (a) (3) (C), 4112 (a) (3) (D), and section 4112 (a) (3) (E)
below) to select LEAs and other entities for SDFSC State
grant funding will support the attainment of the State's
results-based performance indicators. These changes would
4
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address the problem that, under current law, many States
have weak goals and objectives for their SDFse programs
that are entirely process-oriented and do not tie
strategically to the State's needs in this area.
Section 4112(a) (3) (e) would change the current statute
to require the States to include in their SDFse State grant
applications a description of the procedures the SEA will
use for reviewing applications and awarding funds to LEAs
competitively, based on need and quality as required by
section 4113(c) (2). These changes constitute a
significant departure from current law, under which SEAs
award funds to LEAs on the basis of student enrollment and
on State-determined "greatest need" criteria.
Section 4112(a) (3) (D) wou1dmodify the current statute
to require the States to include in thei~ SDFse State grant
applications a description of the procedures the SEA will
use for reviewing applications and awarding funds to LEAs
non-competitively, based on need and quality as permitted
by section 4113(c) (3).
Section 4112(a) (3) (E) would change the current statute
to require the Governors to include in their SDFse State
grant applications a description of the procedures the
Governor will use for reviewing applications and awarding
funds to eligible applicants competitively, based on need
and quality, as required by section 4115(c). These
changes would significantly strengthen the current law,
which does specify any criteria for how Governors must
award their funds under this program.
Section 4112(a) (3) (F) would add a requirement for
States to include in their applications a description of
how the SEA and Governor will use the funds reserved under
sections 4113(b) and 4115(b) for coordinated capacity-
building and technical assistance and program
accountability services and activities at the State and
local levels, consistent with the changes in those sections
requiring that the SEA and Governor each contribute at
least 10 percent of their respective funds to a joint
capacity-building and technical assistance and program
accountability effort. Section 4112(a) (3) (F) would also
retain language in the current law, with minor
modifications, requiring the SEA and Governor to describe
in their applications how they will coordinate their
activities with law enforcement, health, mental health, and
5
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l
education programs and officials at the State and local
levels_
Section 4112(a) (3) (G) would, with minor technical
changes, retain the requirement in the current statute for
States to include in their applications a description of
how the SEA and Governor will monitor local SDFSC programs.
Section 4112(a) (3) (H) would add a new requirement for
States to describe in their applications how the SEA will
provide technical assistance to LEAs not receiving SDFSC
State grant funds to improve their programs, consistent
with the requirement in section 4113 (b) (4) (B) (ii) that, to
the extent practicable, SEAs and Governors use a portion of
the funds they reserve for State-level activities to
provide capacity building and technical assistance and
accountability services to all LEAs in the State, including
those that do not receive SDFSC State grant funds.
Section 4112(a) (4) would retain the requirement that
the States develop their applications in consultation and
coordination with appropriate State officials and
representatives of parents, students, and community-based
organizations, with minor changes deleting language in the
current law that the SEA and Governor develop portions of
the application separately, to conform with the
requirements in sections 4113 (b) (4) and 4115(b) (3) that the
SEA and Governor use a portion of the funds they reserve
for State-level activities to provide capacity building and
technical assistance and accountability services on a joint
basis.
Section 4112(a) (5) would retain the language in
current law requiring the States to include in their
applications an assurance that the State will cooperate
with, and assist the Secretary in conducing national impact
evaluations of programs required by section 4117(a).
Section 4112(b) would retain the language in the
current law under section 4112(d) requiring the Secretary
to use a peer review process in reviewing SDFSC State
grant applications.
STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS
Section 4113(a) - Allocation of Funds. Section
4113(a) would retain the requirement in current law that
6
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80 percent of the funds allocated to each State under
section 4111(b) be awarded to the SEA for use by SEAs and
LEAs, with minor changes in language conforming with the
revised statement of purpose in section 4003 that the funds
be used to carry out programs and activities that are
designed to create and maintain drug-free, safe, and
orderly learning environments for learning in and around
schools.
Section 4113(b) - State-Level Activities. Sections
4113(b) (1) through 4113(b) (3) would depart from the current
statute by establishing a new authority requiring SEAs to
reserve between 10 percent and 20 percent of their
allocations under section 4113(a) for State-level
activities. Under this new authority, SEAs may reserve up
to 20 percent, but not less than 10 percent, of their total
allocations under section 4113(a) to plan, develop, and
implement, jointly with the Governor, capacity building and
technical assistance and accountability services to support
the effective implementation of local drug and violence
prevention activities throughout the State and promote
program accountability and improvement. within this
20 percent cap, but in addition to the 10 minimum for
State-level activities, SEAs may also use up to 5 percent
of their funding (i.e., up to 25 percent of the amount they
reserve for State-level activities) for program
administration. This allowance for SEA State
administrative costs - an increase from the 4 percent
allowed under current law - is provided to accommodate the
increased administrative responsibilities under the new law
of running a State grant competition under section 4113(c),
and would provide greater assistance to LEAs for program
improvement than under the current law.
Section 4113(b) (4) (A) would require SEAs and Governors
to jointly use the amount reserved under section 4113(b) (3)
and section 4114(b) (3) to plan, develop, and implement
capacity building and technical assistance and
accountability services designed to support the effective
implementation of local drug and violence prevention
activities throughout the State, as well as promote program
accountability and prevention.
Section 4113(b) (4) (B) (i) would add new language to the
statute clarifying that the SEA and Governor may carry out
the services and activities required under section
4113(b) (4) (A) directly, or through subgrants or contracts
7
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with public and private organizations, as well as
individuals.
Section 4113(b) (4) (B) (ii) would add new language to
the statue requiring that to the extent practicable, SEAs
and Governors use funds under section 4l13(b) (4) (A) to
provide capacity building and technical assistance and
accountability services and activities to all LEAs in the
State, not just those that receive SDFSC State grants, in
order to ensure that: (1) LEAs receiving SDFSC funds.
receive adequate help to implement and institutionalize
high-quality programs; and (2) States can provide at least
some program assistance to LEAs that will no longer receive
SDFSC awards once funding limited to 50 percent of LEAs in
each State under the targeting provisions proposed in
section 4113 (c) (2) (D) .
Section 4113(b)(4)(B)(iii) would per.mit the SEA and
Governor to provide emergency intervention services to
schools and communities following a traumatic crisis, such
as a shooting or major accident that has disrupted the
learning environment.
Section 4113(b) (4) (C) would add definitions of
"capacity building" and "technical assistance and
accountability services" to clarify the meaning of these
terms in the statute.
Section 4113(c) (1) - Local-Level Activities. Section
4l13(c) (1) would depart from the current statute to specify
that SEAs must use at least 80 percent of their funding for
local-level activities, as described in sections 4113(c) (2)
and (3), rather than awarding at least 91 percent of their
funding to LEAs as is required under current law.
Section 4113(c) (2) (A) would depart from the current
statute to require SEAs to use at least 70 percent of their
total SDFSC State grant funding for competitive awards to
LEAs that the SEA determines have need for assistance,
rather than awarding at least 91 percent of their funding
to LEAs in the State by formula, based on enrollment
(70 percent) and "greatest need" (30 percent) .
Section 4113(c) (2) (B) would make minor wording changes
to the nine "need" factors in the current statute, and add
three additional factors relating to local fiscal capacity
to fund drug and violence prevention programs without
8
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Federal assistance; the incidence of drug paraphernalia in
schools; and the high rates of drug-related emergencies or
deaths.
Section 4113(c) (2) (e) would depart from the current
statute to require SEAs to base their competition under
section 4113(c) (2) (A) on the quality of an LEA's proposed
program and how closely it is aligned with the following
principles of effectiveness: (1) the LEA's program is
based on a thorough assessment of objective data about the
drug and violence problems in the schools and communities
to be served; (2) the LEA has established a set of
measurable goals and objectives aimed at ensuring that all
'schools served by the LEA have a drug-free, safe, and
orderly learning environment, and has designed its program
to meet those goals and objectives; (3) the LEA has
designed and will implement its programs for youth based on
research or evaluation that provides evidence that the
program to be used will prevent or reduce drug use,
violence, delinquency, or disruptive behavior among youth;
and (4) the LEA will evaluate its program periodically to
assess its progress toward achieving its goals and
objectives, and will use evaluation results to refine,
improve, and strengthen its program, and refine its goals
and objectives, as needed.
Section 4113(c) (2) (D) would depart from the current
statute to require SEAs to target their competitive awards
under section 4113(c) (2) (A) to no more than 50 percent of
the LEAs in the State.
Section 4113(c) (2) (E) would require SEAs to make their
competitive awards to LEAs under section 4113(c) (2) of
sufficient size to support high-quality, effective programs
and activities that are designed to create safe,
disciplined, and drug-free learning environments in schools
and that are consistent with the needs, goals, and
objectives identified in the State's plan under section
4112.
Section 4113(c) (3) (A) would depart from the statute to
permit SEAs to use up to 10 percent of their total SDFSC
State grant funding for non-competitive awards to LEAs with
the greatest need ,for assistance, as described in section
4113(c) (2) (E), that did not receive a competitive award
under section 4113(c) (2) (A). LEA's would be eligible to
receive only one subgrant under this paragraph.
9
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Section 4113(c) (3) (B) would require, for
accountability purposes, that in order for an SEA to make a
non-competitive award to an LEA under section
4113(c) (3) (A), the SEA must (1) assist the LEA in meeting
the information requirements under section 4116(a)
pertaining to LEA needs assessment, results-based
performance measures, comprehensive safe and drug-free
schools plan, evaluation plan, and assurances, and
(2) provide continuing technical assistance to the LEA to
build its capacity to develop and implement high-quality,
effective programs consistent with the principles of
effectiveness in section 4113 (c) (2) (C) (ii).
Section 4113(c) (4) (A) would depart from the current
statute to permit SEAs to use up to 2 percent of their
total SDFSC State grant 'funding or $50,000, whichever is
greater, to provide emergency intervention services to
schools and communities following a traumatic crisis, such
as a shooting or major accident that has disrupted the
learning environment, and explicitly authorize that such
services may be provided directly by the SEA or through
subgrants or contracts.
Section 4113(c) (4) (B) would specify that the emergency
services and activities authorized under Section 4113(c) (4)
include (1) helping school personnel assess the situation,
including the resources available to address the crisis;
(2) developing a response plan to coordinate services from
the Federal, State, and local levels; (3) providing short-
term and long-term mental health crisis counseling to
students, teachers, and others in need of such services;
(4) increasing school security; and (5) providing such
other services, including coordination services, as
necessary.
Section 4113(d) - Project Periods and Reallocations.
Section 4113(d) (1) would depart from the current statute to
provide that LEA awards under section 4113(c) be for a
project period not to'exceed three years, and require that,
in order to receive funds under section 4113 for the second
or third year of a project, the LEA demonstrate to the
satisfaction of the SEA that the LEA's project is making
reasonable progress toward its performance indicators under
section 4116 (a) (3) (c).
10
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Section 4113(d) (2) would make technical changes to the
local reallocation provisions in the current statute
consistent with the changes proposed in section 4113, by
providing that an SEA may require LEAs to return funds
awarded to them under this section that they have not
expended within one year of the date of the subgrant, and
may award such recovered funds to other LEAs with the
greatest need for them either (1) through a new
competition, (2) by funding high-quality applications that
were not funded in a previous competition, or (3) by making
supplemental awards to current subgrant recipients.
LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS
Section 4114(a) - Principles of Effectiveness.
Section 4114(a) would depart from the current statute to
require that each LEA that receives SDFSC State grant
funding under section 4113(c) use those funds to support
research-based, drug and violence prevention services and
activities that are consistent with the principles of
effectiveness in section 4113 (c) (2) (C) (ii) .
Section 4114(b) - Other Authorized Activities.
Section 4114(b) (1) would permit an LEA that receives SDFSC
State grant funding under section 4113(c) to use those
funds for activities other than research-based programming,
so long as the LEA meets the requirements in section
4114(a), and those additional activities are carried out in
a manner that is consistent with the most recent relevant
research and with the purposes of this title. Section
4114(b) (1) of the bill also includes an illustrative list
of 12 such activities.
Section 4114(b) (2) would retain the 20 percent cap on
SDFSC State grant funds that LEAs may spend for the
acquisition or use of metal detectors and security
personnel, but permit SEAs to waive this cap for an LEA
that demonstrates to the satisfaction of its SEA, in its
application for funding under section 4116, that it has a
compelling need to do so.
GOVERNOR'S PROGRAMS
Section 4115(a) - Allocation of Funds. Section
4115(a) would retain the requirement in the current law
that 20 percent of the funds allocated to each State under
section 4111(b) be awarded to the Governor, but depart from
11
Hex-DlJillP COffve:~lon
the current statute, consistent with the revised statement
of purpose in section 4003, by requiring the Governor to
use these funds to support community efforts that directly
complement the efforts of LEAs to foster drug-free, safe,
and orderly learning environments for learning in and
around schools.
Section 4115(b) - State-Level Activities. Sections
4115(b) (1) through 4115(b) (3) would depart from the current
statute by establishing a new authority requiring Governors
to reserve between 10 percent and 20 percent of their
allocations under section 4115(a) for State-level
activities. Under this new authority, Governors may
reserve up to 20 percent, but not less than 10 percent, of
their total allocations under section 4115(a) to plan,
develop, and implement, jointly with the SEA, capacity
building and technical assistance and accountability
services to support the effective implementation of local
drug and violence prevention activities throughout the
State a~d promote program accountability and improvement,
as described in section 4113(b) (4). Within this 20 percent
cap, but in addition to the 10 minimum for State-level
activities, the bill would retain the language in the
current law authorizing the Governors to use up to
5 percent of their total funding (i. e., up to 25 percent of
the amount they reserve for State-level activities) for
program administration, with minor changes clarifying that
these administrative costs may be direct or indirect.
Section 4115(c) - Local Level Activities. Section
4115(c) (1) (A) would depart from the current statute to
specify that a Governor must use at least 80 percent of its
SDFSC State grant funding under section 4111(b) to make
competitive subgrants to community-based organizations,
LEAs, and other public entities and private non-profit
organizations to support community efforts that directly
complement the efforts of LEAs to foster drug-free, safe,
and orderly learning environments in and around schools.
Section 4115(c) (1) (B) would depart from the current statute
to require that, to be eligible for a subgrant under this
section, an applicant (other than a LEA applying on its own
behalf) must include in its application its written
agreement with one or more LEAs, or one or more schools
within a LEA, to provide services and activities in support
of such LEAs or schools, as well as an explanation of how
those services and activities will complement or support
the LEAs' or schools' efforts to provide a drug-free, safe,
12
Hex-Du;r.p C0nve:~IJn
and orderly school environment_ Section 4115(c) (1) (C) would
depart from current law to require Governors to base the
competition conducted under section 4115(c) (1) (A) on (1)
the quality of the applicant's proposed program and how
closely it is aligned with the principles of effectiveness
described in section 4113(c) (2) (C) (ii), and (2) on
objective criteria, determined by the Governor, on the
needs of the schools or LEAs to be served_
Section 4115(c) (1) (D) would change current law to
clarify that subgrants made by Governors under
section 4115(c) may support community efforts on a
Statewide, regional, or local basis and may support the
efforts of LEAs and schools that do not receive SDFSC State
grant funds.
Section 4115(c) (2) (A) would change the statute to
require that recipients under section 4115 (c) to' use those
funds generally to support research-based, drug and
violence prevention services and activities that are
consistent with the principles of effectiveness in section
4113 (c) (2) (C) (ii).
Section 4115(c) (2) (B) would change the statute to
permit a Governor's award recipient under section 4115(c)
to use those funds for activities other than research-based
programming, provided that these additional activities are
.carried out in a manner that is consistent with the 'most
recent relevant research and with the purposes of this
title. Section 4115(c) (2) (B) also includes an illustrative
list of 5 such activities.
LOCAL APPLICATIONS
Section 4116 - Application Contents. Section
4116(a) (1) would: (1) retain language in current statute,
with minor technical changes, requiring applicants for
subgrants from the SEA to submit an application that meets
the requirements in section 4116(a) (3) to the SEA at such
time, and includes such other information, as the SEA may
require; and (2) add a corresponding requirement not in the
current statute, requiring applicants for subgrants from
the Governor to submit an application that meets the
requirements in section 4116(a) (3) to the Governor at such
time, and incrudes such other information, as the Governor
may require.
13
Hex-Duinp CuiWer~IOi1
Section 4116(a) (2) (A) would retain language in the
current statute requiring LEAs applying for SEA subgrants
under section 4113(c) (2), 4113(c) (3), and 4115(c) to
develop their applications in consultation with a local or
regional advisory council that includes, to the extent
possible,' representatives of local government, business,
parents, students, teachers, public school personnel,
mental health service providers, appropriate State
agencies, private schools, law enforcement, community-based
organizations, and other groups interested in, and
knowledgeable about, drug and violence prevention.
Section 4116(a) (2) (B) would add language to the
current law to require entities other than LEAs applying
for subgrants under the Governor's program authorized by
section 4115(c) to develop their applications in
consultation with the schools or LEAs to be served, and to
the extent practicable, with the representatives described
in section 4116 (a) (2) (A) .
Section 4116(a) (3) would: (1) make technical changes
to strengthen the LEA application requirements that apply,
under current law, to the SEA formula grant program by
increasing the emphasis in the application on the
applicant's need for assistance and the quality of its
proposed programming; and (2) make this revised set of
requirements applicable to LEAs that apply to SEAs under
the proposed new competitive subgrant authority in section
4113(c) (2) or the new non-competitive subgrant authority in
section 4113(c) (3), as well as to LEAs that apply to
Governors under the subgrant authority in section 4115(c).
Section 4116(a) (4) would depart from the current
statute by adding the requirement that each LEA (or
consortium of LEAs, if applying jointly) that applies to
its SEA under the proposed new competitive subgrant
authority in section 4113(c) (2), or new non-competitive
subgrant authority in section 4113(c) (3), include in its
application assurances that it: (1) has a policy
prohibiting the use of tobacco by students and adults at
all times in school buildings and .on school grounds,
consistent with the Tobacco-Free Schools Act; (2) has a
policy, consistent with State law, that requires the
expulsion of students who possess a firearm at school
consistent with the Gun-Free Schools Act; (3) has, or will
have, a full- or part-time program coordinator whose
primary responsibility is planning, designing,
14
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implementing, and evaluating the applicant's programs
(unless the applicant demonstrates in its application, to
the satisfaction of the SEA, that such a program
coordinator is not needed); (4) will evaluate its program
every two years to ass.ess its progress toward meeting its
goals and objectives, and will use the results of its
evaluation to improve its program and refine its goals and
objectives, as needed; (5) will provide for an annual
school safety and drug use report card, as required by
section 4117(d); and (6) has, or the schools to be served
have, a comprehensive Safe and Drug-Free Schools plan that
includes: (a) appropriate and effective discipline
policies that prohibit disorderly conduct and the illegal
use, possession, distribution, and sale of tobacco,
alcohol, and other drugs by students, and that mandate
predetermined consequences, sanctions, or interventions for
specific offenses; (b) school security procedures at school
and while students are on the way to and from school; (c)
early intervention and prevention activities designed to
create and maintain safe, disciplined, and drug-free
environments; (d) school readiness and family involvement
activities; (e) improvements to classroom management and
school environment, such as efforts to reduce class size or
improve classroom discipline; and (f) arrangements for
referring troubled youth to juvenile justice and other
community resources, as appropriate, and responding to a
violent or traumatic crisis that disrupts the learning
environment_
Section 4116(a) (5) would depart from the current
statute by adding a requirement that any eligible entity
that applies to the Governor for a subgrant under section
4115(c) include in its application: (1) a descriptiori of
how the services and activities to be supported will be
coordinated with relevant SDFSC State grant programs that
are supported by SEAs, including how recipients will share
resources, services, and data; (2) a description of how the
applicant will coordinate its activities under this part
with those implemented under the Drug-Free communities Act,
if any; and (2) an assurance that it will evaluate its
program every two years to assess its progress toward
meeting its goals and objectives, and will use the results
of its evaluation to improve its program and refine its
goals and objectives as needed (if the applicant is not an
LEA), or the assurances under section 4116(a) (4), if the
applicant is an LEA.
15
Hex-DuiTlp Currie; ~Ion
Section 4116(b) would modify the language in the
current statute that requires Governors to use a peer
review process in reviewing local applications for SDFSC
State grants, by giving Governors the flexibility to use
other methods to ensure that applications under section
4116 are funded on the basis of need and quality, while
requiring State educational agencies to use a peer review
process.
NATIONAL EVALUATIONS AND DATA COLLECTIONS
Section 4117(a) - National Evaluations. Section
4117(a) would make minor technical changes to current law
to give the Secretary increased flexibility in meeting the
national evaluation and data collection requirements in
this section, and add a new requirement for the Secretary
of Education and the Attorney General to publish an annual
report on school safety.
Section 4117(b) - State Reports. Section 4117(b) (1)
would make minor technical changes to the current law to
refocus the State reports required by this section on the
State's progress toward attaining its performance
indicators for achieving drug-free, safe, and orderly
learning environments in its schools, consistent with the
changes proposed throughout Part A of the statute.
Section 4117(b) (2) would add a new requirement for
States to report, in such form as the Secretary, in
consultation with the Secretary of Health and Human
Services, may require, all school-related suicides and
homicides within the State, whether at school or at a
school sponsored function, or on the way to or from school
or a school-sponsored function, within 30 days of incident.
This requirement will enable the Federal Government to
collect longitudinal data on this statistic less
expensively than it does currently by collecting these data
retrospectively from multiple sources, and will impose
little administrative burden on the States.
Section 4117(c) - Local Reports. Section
4117(c) (1) (A) would make minor technical changes to the
current law to refocus the local reports required by this
section on the LEA's progress toward attaining its
performance indicators for achieving drug-free, safe, and
orderly learning environments in its schools, consistent
with the changes proposed for the corresponding State
16
Hex-DJir.p CUIIVI:;,SIOj) ,
reports under section 4117(a), and would add a new
requirement that the LEA include in this report a statement
of any problems the LEA has encountered in implementing its
program that warrant the provision of technical assistance
by the SEA, to assist the SEA in planning its technical
assistance activities. These changes would apply to LEAs
that receive SDFSC subgrants through their SEA under
section 4113 (c) (2) or 4113 (c) (3).
Section 4117(c) (1) (B) would add new language to the
statute requiring SEAs to review the annual LEA reports
required under section 4117(c) (1) (A), and to terminate
funding for the second or third year of an LEA's program
unless it determines that the LEA is making reasonable
progress toward meeting its objectives.
Section 4117(c) (2) (A) would add new language to the
statute requiring that Governors' award recipients under
section 4115(c) submit an annual progress report to the
Governor and to the public containing the same type of
information required for LEA progress reports under section
4117(c) (1) (A).
Section 4117(c) (2) (B) would add new language to the
statute requiring Governors to review the annual progress
reports required und~r section 4117(c) (2) (A), and to
terminate funding for the second or third year of a
subgrantee's progr~m unless it determines that the
subgrantee is making reasonable progress toward meeting its
objectives.
Section 4117(d) would add new language to the statute
requiring each LEA receiving SDFSC State grant funds to
provide to the SEA and the public an annual school-level
report card for each of its schools that includes (1) the
number of violations of school policies during the previous
year for alcohol, marijuana, tobacco, weapons, fights, and
attacks on teachers, and (2) information on the sanctions
that were imposed for each type of violation, including
information about numbers of expulsions, suspensions,
referrals to alternative placements, transfers, and other
consequences.
17
Hax-Duilip C(lIhle:~lon -
PART B - NATIONAL PROGRAMS
NATIONAL ACTIVITIES
Section 4211(a) - Program Authorized_ Section
4211(a) (1) would retain the language in the current
statute, with changes, to authorize the Secretary to use
National Programs funds for programs to promote drug-free,
safe, and orderly learning environments for students at all
educational levels, from preschool through the
postsecondary level and for programs that promote lifelong
physical activity_
Section 4211(b) (1) would retain the language in the
current statue, with minor technical changes, to authorize
the Secretary to carry out the National Programs authorized
under section 4211(a) directly, or through grants,
contracts, or cooperative agreements with public and
private organizations and individuals, or through
agreements with other Federal agencies, and to coordinate
with other Federal agencies as appropriate_
Section 4211(b) (2) would change the current statute to
streamline the list of authorized National Programs
activities - which are illustrative and not definitive - to
the following: (a) programs to train teachers in
innovative techniques and strategies of effective drug and
violence prevention; (b) research and demonstration
projects to test innovative approaches to drug and violence
prevention; (c) evaluations of the effectiveness of
programs funded under this title, and of other programs
designed to create safe, disciplined, and drug-free
environments; (d) direct services and technical assistance
to schools and schools systems, including those afflicted
with especially severe drug and violence problems; (e)
developing and disseminating drug and violence prevention
materials and information in print, audiovisual, or
electronic format, including information about effective
research-based programs, policies, practices, strategies,
and curriculum and other relevant materials to support drug
and violence prevention education; (f) recruiting, hiring,
and training program coordinators to assist school
districts in implementing high-quality, effective,
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research-based drug and violence prevention programs; (g)
the development and provision of education and training
programs, curricula, instructional materials, and
professional training for preventing and reducing the
incidence of crimes or conflicts motivated by bullying,
hate, prejudice, intolerance, or sexual harassment and
abuse; (h) programs for youth who are out of the education
mainstream, including school dropouts, students who have
been suspended or expelled from their regular education
program, and runaway or homeless children and youth; (i)
programs implemented in conjunction with other Federal
agencies that support LEAs and communities in developing
and implementing comprehensive programs that create safe,
disciplined, and drug-free learning environments and
promote healthy childhood development; (j) services and
activities that reduce the need for suspension and
expulsion in maintaining classroom order and discipline;
(k) services and activities to prevent and reduce truancy;
and (1) other activities that meet emerging or unmet
national needs consistent with the purposes of this title.
Section 4211(c)(1) would authorize the Secretary to
carry out programs for students that promote lifelong
physical activity directly, or through grants, contracts,
or cooperative agreements with public and private
organizations and individuals, or through agreements with
other Federal agencies, and to coordinate with the Centers
for Disease Control and prevention, the President's Council
on Physical Fitness, and other Federal agencies as
appropriate.
Section 4211(c)(2) would illustrate a list of programs
that could be carried out to support school-based reform
efforts to promote lifelong physical activity. These
include: the conduct of demonstrations of school-based
programs that promote lifelong physical activity, with a
particular emphasis on physical education programs that are
a part of a coordinated school health programs; training,
technical assistance, and other activities to encourage
States and local educational agencies to implement sound
school-based programs that promote lifelong physical
activity; and activities designed to build State capacity
to provide leadership and strengthen schools capabilities'
to provi.de school-based programs that promote lifelong
physical activity.
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Section 4211(d) - Peer Review. Section 4211(b) would
retain the requirement, in the current statute, that the
Secretary use a peer review process in reviewing
applications for funds under section 4211(a).
PART C - SCHOOL EMERGENCY RESPONSE TO VIOLENCE
Section 4311(a) - Project SERVo, Section 4311(a) (1)
would add new language to the statute authorizing the
Secretary to carry out a program named "Project SERV" for
providing education-related services to LEAs in which the
learning environment has been disrupted due to a violent or
traumatic crisis, such as a shooting or major accident.
Section 4311(a) (2) would add new language to the
statute authorizing the Secretary to carry out Project SERV
directly, or through contracts, grants, or cooperative
agreements with public and private organizations and
individuals, or through agreements with other Federal
agencies.
Section 4311(b) - Authorized Activities. Section
4311(b) would add new language to the statute authorizing
Project SERV to provide (a) assistance to school personnel
in assessing a crisis situation, including assessing the
resources available to the LEA and community in response to
the situation, and developing a response plan to coordinate
services provided at the Federal, State, and local level;
(b) mental health crisis counseling to students and their
families, teachers, and others in need of such services;
(c) increases school security; (d) training and technical
assistance for SEAs and LEAs, State and local mental health
agencies, State and local law enforcement agencies, and
communities to enhance their capacity to develop and
implement crisis intervention plans; (e) services and
activities designed to identify and disseminate the best
practices of school- and community-related plans for
responding to crises; and (f) other needed services and
activities that are consistent with the purposes of Project
SERVo
Section 4311(b) would add new language to the statute
providing that the Secretary of Education, in consultation
with the Attorney General, the Secretary of Health and
Human Services, and the Director of the Federal Emergency
Management Agency, shall establish criteria and application
requirements as may be needed to select which LEAs are
20
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assisted under Project SERV, and may establish reporting
requirements as may be needed to collect uniform data and
other information from all LEAs assisted under Project
SERVo
Section 4311(c) (1) would add new language to the
statute requiring the establishment of a Federal
Coordinating Committee on school crises comprised of the
Secretary (who shall serve as chair of the Committee), the
Attorney General, the Secretary of Health and Human
Services, the Director of the Federal Emergency Management
Agency, the Director of the Office of National Drug Control
Policy, and such other members as the Secretary shall
determine.
Section 4311(c) (2) would add new language to the
statute charging the Federal Coordinating Committee on
school crises established under section 4311(c) (1) with
coordinating the Federal responses to crises that occur in
schools or directly affect the learning environment in
schools.
PART D - RELATED PROGRAMS
GUN-FREE SCHOOLS ACT
Section 4411 - Short Title. Section 4411 would rename
section 4411 of the ESEA as the Gun-Free Schools Act. The
Gun-Free Schools Act is currently authorized under Part F
of Title XIV of the ESEA, and is proposed to be moved to
Title IV because of its close relationship with the SDFSC
program.
Section 4411(b) - Requirements. Section 4411(b) (1)
would restate, with minor technical changes, the language
in the current Gun-Free Schools Act requiring (1) that each
State receiving Federal funds under the ESEA have in effect
a State law requiring LEAs to expel from school, for a
period of not less than one year, a student who is
determined to have possessed a firearm at school under the
jurisdiction of the LEA in that State, and (2) that such
State law allows the chief administering officer of that
LEA to modify the expulsion requirement for a student on a
case-by-case basis.
Section 4411(b) (2) would restate the definition of the
term "firearm" as used in the current Gun-Free Schools Act.
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Section 4411(c) - Special Rule. Section 4411(c) would
restate the language in the current Gun-Free Schools Act
requiring that the provisions of section 4411 be construed
in a manner consistent with the Individuals with
Disabilities Education Act.
Section 4411(d) - Report to State. Section 4411(d)
would restate, with minor changes, the local reporting
requirements in the current Gun-Free Schools Act to require
each LEA requesting assistance from the SEA under the ESEA
to provide to the State in its application: (1) an
assurance that such LEA is in compliance with the State law
required by section 4411(b); and (2) a description of the
circumstances surrounding any expulsions imposed under the
State law required by section 4411(b), including (a) the
name of the school concerned; (b) the number of students
expelled from such school (disaggregated by gender, race,
ethnicity, and educational level), and (c) type of weapons
concerned.
Section 4411(e) - Reporting. Section 4411(e) would
restate the requirement in the current Gun-Free Schools Act
that each State report the information described in section
4411(d) to the Secretary on an annual basis.
LOCAL POLICIES
Section 4412(a) - Required Policies. Section
4412(a) (1) would restate, with minor technical changes, the
language in the current law (in ESEA section 14602(a))
requiring that no funds be made available under the ESEA to
any LEA unless it has a policy requiring referral to the
criminal justice or juvenile delinquency system of any
student who possesses a firearm at a school served by such
agency.
Section 4412(a) (2) would add an additional, new
requirement under section 4412 that no funds may be made
available under the ESEA to any LEA unless it also has a
policy requiring that any student referred to the criminal
justice or juvenile delinquency system under section
4412(a) (1) for possessing a firearm at school, also be
referred to a mental health professional for assessment as
to whether the student poses an imminent threat of harm to
himself or others and needs appropriate mental health
services before readmission to school.
22
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Section 4412(a) (3) would add an additional, new
requirement under section 4412 that any student who is
expelled for possession of a firearm at school be provided
services to the extent necessary to enable the student to
progress appropriately in the general curriculum.
Section 4412(b) - Special Rule. Section 4412(b)
would restate the language in the current Gun-Free Schools
Act requiring that the provisions of section 4412 be
construed in a manner consistent with the Individuals with
Disabilities Education Act.
Section 4412(b) - Definitions. Section 4412(b) would
restate the definitions of the terms "firearm" and "school"
in the current ESEA (in section 14602(b so that these
definitions apply to the changes proposed in'section 4412.
MATERIALS
Section 44l3(a) - "Wrong and Harmful Message".
Section 4413(a) would restate the language in the current
law (in ESEA section 4132(a requiring that drug
prevention programs supported under ESEA Title IV convey a
clear and consistent message that the illegal use of
alcohol and other drugs is wrong and harmful.
Section 4413(b) - Curriculum. Section 4413(b) would
restate, with minor technical changes, the language in the
current law (in ESEA section 4132(b to clarify that the
Secretary shall not prescribe the use of particular
curricula for programs under ESEA Title IV, but may
evaluate and disseminate information about the
effectiveness of such curricula and programs.
PROHIBITED USES OF FUNDS
Section 4414 - Prohibited Uses. Section 4414 would
restate the language in the current law (in ESEA section
4133) that no funds under ESEA Title IV may be used for (1)
construction (except for minor remodeling needed to
accomplish the purposes of this part), and (2) medical
services, drug treatment or rehabilitation, except for
pupil services or referral to treatment for students who
are victims of, or witnesses to, crime or who use alcohol,
tobacco, or drugs.
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TOBACCO-FREE SCHOOLS
Section 4415(a) - Required Policy. Section 4415(a)
would add new language to the ESEA requiring that each SEA
and LEA that receives ESEA funds have a policy that
prohibits the use of tobacco, in any form, at any time, and
by any person, in school buildings, on school grounds, or
at any school-sponsored event. This language would replace
similar language under current law in the Pro-Children Act
of 1994 (Title x, Part B of the Goals 2000: Educate America
Act) that (1) generally prohibits smoking in schools or
other indoor facilities where services are provided to
children that are supported with Federal funds from the
Departments of Education, 'Health and Human Services, or
Agriculture, and (2) authorizes civil penalties for persons
who violate such prohibition. The proposed new language
would also impose more stringent requirements than the Pro-
Children Act, in that: (1) the Pro-Children Act pertains
only to smoking, whereas the proposed new language would
prohibit smoking as well as the use of smokeless tobacco in
schools; and (2) the Pro-Children Act prohibitions on
smoking pertain to indoor facilities only and apply only
during the school day, whereas the proposed new language
would prohibit the use of tobacco on school grounds as well
as in school buildings, at any time, or at any school-
sponsored event. In accordance with this new language in
section 4415, section 402 of this bill would amend the Pro-
Children Act so it does not apply to schools or other
facilities providing services to children funded by the
Department of Education.
Section 4415(b) - Assurance. Section 4415(b) would
add language to the current law requiring each LEA
requesting assistance under the ESEA to include in its
application for funding an assurance that it is in
compliance with the requirements of section 4415(a).
Section 4415(c) - State Reporting. Section 4415(c)
would add language to the current law requiring each SEA to
report to the Secretary on an annual basis if any of its
LEAs is not in compliance with the requirements of
section 4415(a).
Section 4415(d) - Short Title. Section 4415(d) would
add language to the current law providing that section 4415
may be cited as the "Tobacco-Free Schools Act."
24
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PROHIBITION OF SUPPLANTING
Section 4416 - Supplanting Prohibited. Section 4416
would add language to the current law that was
inadvertently left out of the 1994 reauthorization,
requiring that funds under this title be used to increase
the level of State, local, and other non-Federal funds that
would, in the absence of funds under this title, be made
available for programs and activities authorized under this
title, and in no case to supplant such State, local, and
other non-Federal funds.
DEFINITION OF TERMS
Section 4417 - Definitions. Section 4417 would
restate the definitions in the current law for the terms
"drug and violence prevention" and "hate crime," and
definitions for the terms "drug treatment and drug
rehabilitation" and "medical services" to give these terms
specific meaning under this title.
ENVIRONMENTAL TOBACCO SMOKE
Section 402 of the bill would amend the Pro-Children
Act (Part H of Title X of the Goals 2000: Educate America
Act) so it does not apply to schools or other facilities
providing services to children funded by the Department of
Education, because the education provisions of the Pro-
Children Act would be superceded by the Tobacco-Free
Schools Act proposed under ESEA section 4415.
25
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1 DRAFT-4/20/99
2
3 "TITLE IV - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT"
4
5 SEC. 401. Title IV of the Elementary and Secondary
6
7 Education Act of 1965 is amended to read as follows:
8
9 "TITLE IV - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
10
11 "SHORT TITLE
12
13 "SEC. 4001. SHORT TITLE. This title may be cited as
14
15 the 'Safe and Drug-Free Schools and Communities Act.'
16
17 "FINDINGS
18
19 "Sec. 4002. FINDINGS. The Congress finds that:
20 "(1) Safe and Drug-Free Schools and Communities
21 Programs support achievement of Goal One of the National
22 Drug Control Strategy - to educate and enable America's
23 youth to reject illegal drugs, as well as alcohol and
24 tobacco - and Goal Seven of America's Education Goals -
25 that every school in the United States will be free of
26 drugs, violence, and the unauthorized presence of firearms
27 and alcohol.
28 "(2) It is essential for schools to provide a
29
30 drug-free, safe, and orderly learning environment for all
31
32 students, if all students are to live healthy lives and
33
34 achieve to high academic standards.
35
36 "(3) Student drug use and school violence are
37
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1 serious educational and public health concerns.
2
3
4 "(4) Safe and Drug-Free Schools and Communities
5
6 programs are most likely to be effective when they are
7
8 based on a thorough assessment of objective data about the
9
10 drug and violence problems in schools and communities, are
11
12 designed to meet measurable goals and objectives, are based
13
14 on sound research or evaluation findings, and are evaluated
15
16 regularly and held accountable for results.
17
18 "(5) Safe and Drug-Free Schools and Communities
19
20 program resources should be targeted at the local level to
21
22 projects in areas that demonstrate need for the funds, have
23
24 developed the best strategic plans for using the funds, and
25
26 are committed to being accountable for results.
27
28 "(6) A significant number of students are
29
30 suspended or expelled from school each year or are truant
31
32 and receive no educational services while they are out of
33
34 school.
35
36
37 "(7) Lifelong physical activity contributes to
38 students' well-being, and, consistent with the second of
39 America's Education Goals, it is appropriate for the
40 Federal government to help strengthen State and local
41 efforts in this area.
42
2
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"PURPOSE
2 "Sec_ 4003_ DECLARATION OF PURPOSE_ The purpose of
3 this title is to support programs for creating and
4 maintaining drug-free, safe, and orderly environments for
5 learning in and around schools, by awarding Federal
6 financial assistance to-
7 "(1) State educational agencies for competitive
8 awards to local educational agencies with a demonstrated
9 need for services and the highest quality proposed
10 programming;
11 "(2) Governors for competitive awards to local
12 educational agencies, as well as community-based
13 organizations and other public entities and nonprofit
14 organizations, for programs that complement and support
15 local educational agency programs;
16 "(3) State educational agencies and Governors
17 for capacity-building, and technical assistance and
18 accountability services and activities to improve the
19 effectiveness of, and institutionalize, State and local
20 Safe and Drug-Free Schools and Communities programs; and
21 "(4) Public and private organizations, and
22 individuals, for training programs, demonstrations,
23 evaluations, research projects, direct services, and
24 technical assistance to schools and school systems,
3
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developing and disseminating materials and information,
2 drug and violence prevention programs at the postsecondary
3 level, and other activities related to the purposes of this
4 title.
5
6 "AUTHORIZATION OF APPROPRIATIONS
7 "SEC. 4004. AUTHORIZATION. There are authorized to
8 be appropriated-
9 "(1) such sums as may be necessary for fiscal
10 year 2001 and each of the four succeeding fiscal years to
11 carry out Part A;
12 "(2) such sums as may be necessary for fiscal
13 year 2001 and each of the four succeeding fiscal years to
14 carry out Part B; and
15 "(3) such sums as may be necessary for fiscal
16 'year 2001 and each of the four succeeding fiscal years to
17 carry out Part C.
18
19 . "PART A - STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION
20 PROGRAMS
21 "RESERVATIONS AND ALLOTMENTS
22 "Sec. 4111 (a) RESERVATIONS.-(l) From the amount
23 made available unde~ section 4004(1) to carry out this Part
24 for each fiscal year, the Secretary-
4
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"(A) shall reserve 1 percent of such amount
2 for grants under this Part to Guam, America Samoa, the
3 virgin Islands, and the Commonwealth of the Northern
4 Mariana Islands, to be allotted in accordance with the
5 Secretary's determination of their respective needs;
6 "(B) shall reserve 1 percent of such amount
7 for the Secretary of the Interior to carry out programs for
8 Indian youth;
9 "(C) shall reserve 0.2 percent of such
10 amount for programs for Native Hawaiians; and
11 "(D) may reserve not more than $2,000,000
12 for evaluation activities required by section 4117(a)
13 " (2) (A) (i) Funds reserved under paragraph (1) (A)
14 may not be consolidated under the provisions of Title V of
15 Pub. L. 95-134.
16 "(ii) The Governor of Guam, America
17 Samoa, the Virgin Islands, or the Commonwealth of the
18 Northern Mariana Islands may direct the Secretary to
19 consolidate the Governor's share of funds under this Part
20 with the State educational agency's share and award the
21 consolidated amount to the State educational agency for
22 administration in accordance with the requirements of this
23 Part applicable to State educational agencies.
5
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"(iii) Funds reserved under paragraph
2 (1) (A) shall be used to carry out programs and activities
3 that-
4 "(I) are authorized by this Part
5 and are implemented in a manner that is consistent with the
6 program requirements under section 4114; and
7 "(II) are subject to the
8 application requirements under section 4112(a).
9 "(B) Funds reserved under paragraph (1) (B)
10 shall be used to carry out programs and activities
11 authorized by this Part that meet the needs of Native
12 American youth and that are implemented in a manner that is
13 consistent with the program requirements under section
14 4114.
15 "(e) (i) Funds reserved under paragraph
16 (1) (e) shall be .used by the Secretary to award grants or
17 contracts to organizations primarily serving or
18 representing Native Hawaiians to carry out programs and
19 activities authorized by this Part that meet the needs of
20 Native Hawaiian youth and that are implemented in a manner
21 that is consistent with the program requirements under
22 section 4114.
23 "(ii) Recipients of funds reserved
24 under paragraph (1) (e) shall coordinate their ~rograms and
6
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activities with programs and activities under this Part
2 carried out by the State educational agency of Hawaii.
3 "(iii) For the purposes of this section,
4 the term 'Native Hawaiian' has the same meaning as the term
5 is provided in section 9212 of the Elementary and Secondary
6 Education Act of 1965.
7 "(b) STATE ALLOTMENTS.-(l) Except as provided in
8 paragraph (2), the Secretary shall, for each fiscal year,
9 allocate among the States-
10 "(A) one-half of the remainder not reserved
II under subsection (a) according to the ratio between the
12 school-aged population of each State and the school-aged
13 population of all the States; and
14 "(B) one-half of such remainder according
15 to the ratio between the amount each State received under
16 section 1122 of Part A of title I of the Act for the
17 preceding year and the sum of such amounts received by all
18 the States.
19 "(2) MINIMUM. For any fiscal year, no State
20 shall be allotted under this subsection an amount that is
21 less than one-half of one percent of the total amount
22 allotted to all the States under this subsection.
23 "(3) REALLOTMENT. The Secretary may reallott
24 any
7
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amount of any allotment to a State if the Secretary
2 determines that the State will be unable to use such amount
3 within two years of such allotment. Such reallotments shall
4 be made on the same basis as allotments are made under
5 paragraph (1).
6 "(4) DEFINITIONS. For the purposes of this
7 part-
8 "(A) the term 'State' means each of the 50
9 States, the District of Columbia, and the Commonwealth of
10 Puerto Rico; and
Jl " (B) the term 'local education agency'
12 includes educational service agencies and consortia of such
13 agencies.
14
15 "STATE APPLICATIONS
16 "Sec. 4112. (a) STATE APPLICATION. In order to
17 receive an allotment under section 4111(b) for any fiscal
18 year, a State shall submit to the Secretary, at such time
19 and in such manner as the Secretary may require, as-year
20 application that-
21 " (1) is submitted jointly by the Governor and
22 the State educational agency of the State;
23 "(2) contains a description of how funds under
8
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this part will be coordinated with other programs under
2 this Act and with other Federal education and drug
3 prevention programs;
4 "(3) contains a comprehensive plan for the use
5 of funds by the State educational agency and the Governor
6 to provide safe, orderly, and drug-free school environments
7 that includes-
8 " (A) the results of the State's needs
9 assessment for drug and violence-prevention programs, which
10 shall be based on the results of ongoing State evaluation
11 activities and include data on the prevalence of drug use
12 and violence by youth in schools and communities in the
13 State;
14 "(B) a list of the State's results-based
15 performance measures for drug and violence prevention,
16 which shall-
,
17 "(i) be focused on student behavior
18 and attitudes and derived from the needs assessment;
19 "(ii) be selected from a core set of
20 indicators that the Secretary shall develop in consultation
21 with State and local officials;
22 "(iii) include targets and due dates
23 for the attainment of these indicators; and
9
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"(iv) include a description of the
2 procedures the State will use to inform local educational
3 agencies of the State's resul ts-based performance measures
4 for drug and violence prevention for assessing and publicly
5 reporting progress toward meeting these indicators, or
6 revising them as needed; and
7 "(v) include a description of how the
8 procedures described in subparagraph (C) and subparagraph
9 (D) will support the achievement of the State's results-
10 based performance measures.
II "(C) a description of the procedures the
12 State educational agency will use for reviewing
13 applications and awarding funds to local educational
14 agencies on a competitive basis under section 4113(c),
15 including-
16 "(i) the objective criteria the State
17 educational agency will use for determining which local
18 educationai agencies are eligible to compete for these
19 funds;
20 "(ii) the criteria the State
21 educational agency will use to assess the relative quality
22 of applications and demonstrated need for funding by these
23 local educational agencies;
10
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"(iii) the peer review process the
2 State educational agency will use to review applications;
3 "(iv) how the State educational agency
4 will ensure that the geographical distribution of awards
5 reflects the diversity of local educational agencies in the
6 State; and
7 "(v) how the State educational agency
8 and the Governor will coordinate these programs;
9 "(D) a description of the procedures,
10 including objective criteria, the State educational agency
11 will use for reviewing any applications and awarding any
12 funds to local educational agencies on a non-competitive
13 basis under section 4113(c) (3);
14 "(E) a description of the procedures the
15 Governor will use to award funds to eligible applicants on
16 a competitive basis consistent with section 4115(c),
17 including-
18 "(i) the criteria the Governor will
19 use to assess the relative quality of applications and
20 demonstrated need for funding of eligible applicants;
21 " (ii) the peer review process the
22 Governor will use to review applications;
23 "(iii) how those funds will be used
11
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for community resources and activities that support local
2 educational agency programs to create drug-free, safe, and
3 disciplined learning environments in, and passageways to
4 and from schools; and
5 "(iv) how the Governor will ensure
6 that the geographic distribution of awards reflects the
7 diversity of local educational agencies in the State;
8 "(F) a description of how the State
9 educational agency and Governor will use the funds reserved
10 under section 4ll3(b) and 4ll5(b) for coordinated capacity-
11 building and technical assistance and program
12 accountability services and activities at the State and
13 local levels, including how the State educational agency
14 and Governor will coordinate their activities with law
15 enforcement, health, mental health, and education programs
16 and officials at the State and local levels;
17 "(G) a description of how the State
18 educational agency and the Governor will monitor local
19 programs; and
20 "(H) a description of how the State
21 educational agency will ensure that local educational
22 agencies not receiving funds under this Part will be
23 provided technical assistance to improve their programs;
24 "(4) contains assurances that the application
12
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was developed in consultation and coordination with
2 appropriate State officials, including the head of the
3 State alcohol and drug abuse agency, the heads of the State
4 health and mental health agencies, the head of the State
5 criminal justice planning agency, the head of the State
6 child welfare agency, the head of the State board of
7 education, or their designees, and representatives of
8 parents, students, and community-based organizations; and
9 "(5) contains assurance that the State will
10 cooperate with, and assist the Secretary in conducting the
II national impact evaluation of programs required by section
124117(a).
13 " (b) PEER REVIEW. The Secretary shall use a peer
14 review process in reviewing State applications under this
15 section.
16
17 "STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS
18 "Sec. 4113 (a) ALLOCATION OF FUNDS. In each fiscal
19 year, 80 percent of the total amount allocated to the State
20 under section 4111(b) shall be used by the State
21 educational agency and local educational agencies in the
22 State to carry out programs and activities in accordance
23 with this section that are designed to create and maintain
13
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drug-free, safe, and orderly environments for learning in
2 and around schools in the State.
3 "(b) STATE LEVEL ACTIVITIES.-(l) A State "educational
4 agency shall reserve not more than 20 percent of the amount
5 described in subsection (a) for State level activities
6 described in paragraphs (2) and (4)"
7 "(2) A State educational agency may use not more
8 than 5 percent of the amount described in subsection (a)
9 for the costs of carrying out its administrative
10 responsibilities under this part.
11 "(3) The State educational agency shall reserve
12 the remainder of the amount described in paragraph (1)
13 after application of paragraph (2), but not less than 10
14 percent of the amount described in subsection (a), for
15 State level activities described in paragraph (4).
16 " (4) (A) The State educational agency and the
17 Governor shall jointly use the amounts reserved under
18 paragraph (3) and section 4115(b) (3) to plan, develop, and
19 implement capacity building and technical assistance and
20 accountability services that are designed to support the
21 effective implementation of local drug and violence
22 prevention activities throughout the State and promote
23 program accountability and improvement.
14
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"(B) (i) The State educational agency and
2 Governor may carry out the services and activities
3 described in subparagraph (A) directly, or through
4 subgrants or contracts with public and private
5 organizations, as well as individuals_
6 "(ii) Except as provided under clause
7 (iii), the State educational agency and Governor shall, to
8 the extent practicable, use funds under this paragraph to
9 provide capacity building and technical assistance and
10 accountability services and activities to all local
11 educational agencies in the State, including those that do
12 not receive funds under this part_
13 "(iii) The State educational agency
14 and the Governor may use fund under this paragraph to
15 provide emergency intervention services to schools and
16 communities following a traumatic crisis, such as a
17 shooting, major accident, or drug-related incident that has
18 disrupted the learning environment.
19 "(C) For the purpose of this paragraph-
20 " (i) 'capacity building' means
21 activities to improve the knowledge, skills, and expertise
22 of State and local program staff needed to plan, implement,
23 and improve effective research-based programs; and
24 " (ii) 'technical assistance and
15
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accountability services' means activities designed to
2 improve State and local programs and activities under this
3 Part, including dissemination of information and curricula,
4 program evaluation, demonstration programs, peer review of
5 local educational agency applications, and evaluation
6 assistance, such as collecting, monitoring, and reporting
7 program indicator data.
8 U(c) LOCAL-LEVEL ACTIVITIES.-(l) A State educational
9 agency shall use not less than 80 percent of the amount
10 described in subsection (a) for local-level activities
11 described in paragraphs (2) and (3).
12 U(2) (A) A State educational agency shall use at
13 least 70 percent of the amount described in subsection (a)
14 to make competitive subgrants, consistent with subparagraph
15 (C) (i), to local educational agencies (or consortia of
16 local educational agencies) that the State educational
17 agency determines, based on objective data, have need for
18 assistance under this part.
19 U(B) In determining which local educational
20 agencies (or consortia) have need for assistance under this
21 Part, the State educational agency may consider such
22 factors as-
23 U(i) high rates of alcohol, tobacco,
24 or drug use among youth;
16
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"Iii) high rates of victimization of
2 youth by violence and crime;
3 "(iii) high rates of arrest and
4 adjudication of youth for violent or drug- or alcohol-
5 related delinquency;
6 "(iv). high rates of bullying, hate-
7 related incidents, racial harassment, sexual harassment, or
8 sexual abuse;
9 "(v) high rates of referrals of youths
10 to drug and alcohol abuse treatment and rehabilitation
11 programs;
12 "(vi) high rates of referrals of
13 youths to juvenile court;
14 "(vii) high rates of expulsions and
15 suspensions of students from schools;
16 "(viii) high rates of reported cases
17 of child abuse and domestic violence;
18 " (ix) the extent of i~legal gang
19 activity;
20 "(x) local fiscal capacity to fund
21 such programs without Federal assistance;
22 " (xi) the incidence of drug
23 paraphernalia in schools; and
17
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"(xii) high rates of drug-related
2 emergencies or deaths_
3 "(e) (i) The State educational agency shall
4 base the competition it conducts under subparagraph (A) on
5 the quality of the applicant's proposed program and how
6 closely it is aligned with the principles of effectiveness
7 described in clause (ii).
8 "(ii) For the purpose of this
9 subsection, the State educational agency shall use the
10 following principles of effectiveness:
II " (I) The applicant's program is
12 based on a thorough assessment of objective data about the
13 drug and violence problems in the schools and communities
14 to be served.
IS " (II) The applicant has
16 established a set of measurable goals and objectives aimed
17 at ensuring that all schools served by the local
18 educational agency have a drug-free, safe, and orderly
19 learning environment, and has designed its programs to meet
20 those goals and objectives.
21 " (III) The applicant has designed
22 and will implement its programs for youth based on research
23 or evaluation that provides evidence that the program to be
18
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used will prevent or reduce drug use, violence,
2 delinquency, or disruptive behavior among youth.
3 "(IV) The applicant will evaluate
4 its program periodically to assess its progress toward
5 achieving its goals and objectives, and will use evaluation
6 results to refine, improve, and strengthen its program, and
7 refine its goals and objectives, as needed.
8 " (D) A State educational agency may make
9 subgrants under this paragraph to not more than 50 percent
10 of the local educational agencies in the State.
II "(E) Subgrants under this paragraph shall
12 be of sufficient size to support high-quality, effective
13 programs and activities that are designed to create safe,
14 disciplined, and drug-free learning environments in schools
15 and that are consistent with the needs, goals, and
16 objectives identified in the State's plan under section
17 4112.
18 "(3) (A) A State educational agency may use not
19 more than 10 percent of the amount described in subsection
20 (a) to make non-competitive subgrants to local educational
21 agencies (or consortia of local educational agencies) with
22 the greatest need for assistance as described in paragraph
23 (2) (B) that did not receive a subgrant under (2) (A). A
19
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local educational agency may not receive more than one
2 subgrant under this paragraph.
3 "(B) A State educational agency shall not
4 make a subgrant to a local educational agency under this
5 paragraph unless it-
6 "(i) assists the local educational
7 agency in meeting the information requirements under
8 section 4116(a) pertaining to local educational agency
9 needs assessment, results-based performance measures,
10 comprehensive safe and drug-free schools plan, evaluation
11 plan, and assurances; and
12 "(ii) provides continuing technical
13 assistance to the local educational agency to build its
14 capacity to develop and implement high-quality, effective
15 programs consistent with the principles of effectiveness in
16 (c) (2) (C) (ii) .
17 "(d) PROJECT PERIODS AND REALLOCATION.-(l) (A)
18 Subgrants under subsection (c) shall be for project periods
19 not to exceed three years.
20 "(B) In order to receive funds under this
21 section for the second or third year of the project, a
22 local educational agency shall demonstrate to the
23 satisfaction of the State educational agency that the local
24 educational agency's project is making reasonable progress
20
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toward its performance indicators under section
2 4116 (a) (3) (c) .
3 "(2) A State educational agency may require
4 local educational agencies to return funds awarded to them
5 under this section that they have not expended within one
6 year of the date of the subgrant, and may award such
7 recovered funds to other local educational agencies with
8 the greatest need for them-
9 "(A) through a new competition;
\0 "(B) by funding high-quality applications
11 that were not funded in a previous competition; or
12 "(C) by making supplemental awards to
13 current subgrant recipients.
14
15 "LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS
16 "SEC. 4114 (a). PRINCIPLES OF EFFECTIVENESS. Each
17 local educational agency that receives a subgrant under
18 section 4ll3(c) shall use those funds to support research-
19 based, drug- and violence-prevention services and
20 activities that are consistent with the principles of
21 effectiveness described in section 4ll3(c) (2) (C) (ii).
22 "(b) OTHER AUTHORIZED ACTIVITIES.-(l) Each local
23 educational agency that receives a subgrant under section
24 4ll3(c) may also use those funds to carry out, in a manner
21
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that is consistent with the most recent relevant research,
2 other services and activities that are consistent with the
3 purposes of this title, such as-
.4 "(A) staff training and development;
5 "(B) parental involvement and training;
6 "(C) community involvement activities;
7 "(D) law enforcement and security
8 activities that are related to school safety and drug use;
9 "(E) creating and maintaining safe zones of
10 passage to and from school to prevent violence and drug
11 trafficking;
12 "(F) counseling, mentoring, and referral
13 services, and other student assistance programs;
14 "(G) before- and after-school programs;
15 "(H) alternative education programs for
16 those students who have been expelled from their regular
17 education programs;
18 "(I) programs to assist students to reenter
19 the regular education program upon return from treatment or
20 alternative education settings;
21 "(J) services and activities that reduce
22 the need for suspension and expulsion in maintaining
23 classroom order and school discipline;
22
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"(K) services and activities to prevent and
2 reduce truancy; and
3 "(L) activities designed to prevent hate
4 crimes_
5 "(2) A local educational agency may not use more that
6 20 percent of its subgrant for the acquisition or use of
7 metal detectors and security personnel unless it
8 demonstrates in its application under section 4116 to the
9 satisfaction of the State educational agency that it has a
10 compelling need to do so.
11
12
\3 "GOVERNOR'S PROGRAMS
14 "SEC. 4115 (a) ALLOCATION OF FUNDS. In each fiscal
15 year, 20 percent of the total amount allocated to the State
16 under section 4111(b) shall be used by the Governor to
17 support community efforts that directly complement the
18 efforts of local educational agencies to foster drug-free,
19 safe, and orderly learning environments in and around
20 schools.
21 "(b) STATE LEVEL ACTIVITIES.-(l) A Governor shall
22 reserve not more than 20 percent of the amount described in
23 subsection (a) for State level activities described in
24 paragraph (2) and section 4113(b) (4).
23
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"(2) A Governor may use not more than 5 percent
2 of the amount described in subsection (a) for costs, direct
3 or indirect, of carrying out the Governor's administrative
4 responsibilities under this Part-
5 "(3) The Governor shall reserve the remainder of
6 the amount described in paragraph (1), after application of
7 paragraph (2), but not less than 10 percent of the amount
8 described in subsection (a), for State-level activities
9 that are administered jointly with the State educational
10 agency, as described in section 4113 (b) (4) .
11 "(c) LOCAL LEVEL ACTIVITIES.-(l) (A) A Governor shall
12 use not less than 80 percent of the amount described in
13 subsection (a) to make competitive subgrants to, or
14 contracts with, community-based organizations, local
15 educational agencies, and other public entities and private
16 non-profit organizations, or consortia thereof, to support
17 community efforts that directly complement the efforts of
18 local educational agencies to foster drug-free, safe, and
19 orderly learning environments in and around schools.
20 "(B) To be eligible for a subgrant under
21 this subsection, an applicant (other than a local
22 educational agency applying on its on behalf) shall include
23 in its application its written agreement with one or more
24 local educational agencies, or one or more schools within a
24
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local educational agency, to provide services and
2 activities in support of such local educational agencies or
3 schools, as well as an explanation of how those services
4 and activities will complement or support the local
5 educational agencies' or schools' efforts to provide a
6 drug-free, safe, and orderly school environment.
7 "(e) The Governor shall base the
8 competition conducted under subparagraph (A)-
9 "(i) on the quality of the applicant's
10 proposed program and how closely it is aligned with the
11 principles of effectiveness described in section
12 4113 (c) (2) (e) (i i) i and
13 "(ii) on the needs of the schools or
14 local educational agencies to be served, based on the
15 objective criteria determined by the Governor.
16 "(D) Subgrants under this subsection may
17 support community efforts on a Statewide, regional, or
18 local basis and may support the efforts of local
19 educational agencies and schools that do not receive funds
20 under this Part.
21 "(2) (A) Each recipient of a subgrant under this
22 subsection shall use those funds to support research-based
23 services and activities that are consistent with the
25
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principles of effectiveness described in section
2 4113 (c) (2) (C) (ii) .
3 "(B) Each recipient of a subgrant under
4 this subsection may also use those funds to carry out, in a
5 manner that is consistent with the most recent relevant
6 research, other services and activities that are consistent
7 with the purposes of this title, such as-
8 "(i) counseling and mentoring
9 services;
10 " (ii) the support of school resource
II officers, and other partnerships with law enforcement;
12 "(iii) after school programs;
13 "(iv) activities designed to prevent
14 hate crimes; and
15 "(v) alternative education programs
16 for students removed from their regular educational
17 programs.
18
19 "LOCAL APPLICATIONS
20 SEC. 4116. APPLICATION CONTENTS.-(a) (1) Applicants
21 for subgrants under sections 4113(c) (2), 4113(c) (3), and
22 4115(c) shall submit an application at such time and
23 including such information as the State educational agency
26
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or the Governor, as applicable, requires, consistent with
2 . paragraph (3).
3 "(2) (A) Applications from local educational
4 agencies for subgrants under section 4113(c) (2), section
5 4113(c) (3), and section 4115 (c) shall be developed in
6 consultation with a local or regional advisory council that
7 includes, to the extent possible, representatives of local
8 government, business, parents, students, teachers, pupil
9 services personnel, mental health service providers,
10 appropriate State agencies, private schools, law
11 enforcement, community-based organizations, and other
12 groups interested in, and knowledgeable about, drug and
13 violence prevention.
14 "(B) Applications from entities other than
15 local educational agencies for subgrants under section
16 4115(c) shall be developed in consultation with the schools
17 or local educational agencies to be served, and to the
18 . extent practicable, with the representatives described in
19 subparagraph (A).
20 "(3) Each application for a subgrant described
21 in subsection (a) shall contain-
22 " (A) the results of the applicant's needs
23 assessment concerning the creation and maintenance of a
24 drug-free, safe, and orderly school environment and include
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data on the prevalence of drug use and violence by youth in
2 the schools and communities to be served;
3 "(B) a description of how the applicant
4 will target services and activities on the communities,
5 schools, and students with the greatest need for assistance
6 in creating and maintaining drug-free, safe, and orderly
7 learning environments;
8 " (C) the applicant's results-based
9 performance measures for creating and maintaining a drug-
10 free, safe, and orderly learning environment, which shall
II be focused on student behavior and attitudes, and include
12 annual targets for each performance measure;
13 "(D) a description of the procedures the
14 applicant will use to assess and publicly report progress
IS toward meeting its performance indicators;
16 "(E) a description of how-
17 " (i) the applicant will use the funds
18 to be awarded, how the activities it will support with
19 those funds address the needs identified under subparagraph
20 (A) and the performance measures identified in subparagraph
21 (C); and
22 " (ii) if the applicant is a local
23 educational agency, how those activities are consistent
24 with the Safe and Drug-Free Schools plan under paragraph
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(4) (F) or other existing school plan related to safe,
2 disciplined and drug-free environments.
3 "(F) a description of how the applicant
4 will coordinate its activities with local, State, and
5 Federal law enforcement, health, mental health, and
6 education officials;
7 "(G) a description of how the applicant
8 will coordinate its activities under this part with those
9 implemented under the Drug-Free Communities Act, if any;
10 "(H) a description of the applicant's plan
11 for evaluating its project; and
12 "(I) any other information the State
13 educational agency or Governor, as applicable, may require
14 to review applications, and award subgrants, based on the
15 applicant's need for assistance and the quality of the
16 application.
17 "(4) Each applicant for a subgrant under section
18 4113 (c) (2) or 4113 (c) (3) shall also include in its
19 application assurances that it-
20 "(A) has a policy prohibiting the use of
21 tobacco by students and adults at all times in school
22 buildings and on school grounds, consistent with the
23 Tobacco-Free Schools Act;
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"(B) has a policy, consistent with State
2 law, that requires the expulsion of students who possess a
3 firearm at school consistent with the Gun-Free Schools Act;
4 "(C) has, or will have, a full-or part-time
5 program coordinator whose primary responsibility is
6 planning, designing, implementing, and evaluating the
7 applicant's programs (unless the applicant demonstrates in
8 its application, to the satisfaction of the State
9 educational agency, that such a program coordinator is not
10 needed) ;
11 "(D) will evaluate its program every two
12 years to assess its progress toward meeting its goals and
13 objectives, and will use the results of its evaluation to
14 improve its program and refine its goals and objectives, as
15 needed;
16 "(E) will provide for an annual school
17 safety and drug use report card, as required by section
18 4117 (d); and
19 "(F) has, or the schools to be served have,
20 a comprehensive Safe and Drug-Free Schools plan that
21 includes-
22 "(i) appropriate and effective
23 discipline policies that prohibit disorderly conduct and
24 the illegal use, possession, distribution, and sale of
30
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tobacco, alcohol, and other drugs by students, and that
2 mandate predetermined consequences, sanctions, or
3 interventions for specific offenses;
4 "(ii) school security procedures at
5 school and while students are on the way to and from
6 school;
7 "(iii) early intervention and
8 prevention activities designed to. create and maintain safe,
9 disciplined, and drug-free environments;
10 "(iv) school readiness and family
11 involvement activities;
12 "(v) improvements to classroom
13 management and school environment, such as efforts to
14 reduce class size or improve classroom discipline; and
15 "(vi) arrangements for-
16 "(I) referring troubled youth to
17 juvenile justice and other community resources, as
18 appropriate; and
19 "(II) responding to a violent or
20 traumatic crisis that disrupts the learning environment.
21 "(5) Each applicant for a subgrant under section
22 4115 (c) shall also include in its application--
23 "(A) a description of how the services and
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activities to be supported will be coordinated with
2 relevant programs under this Part that are supported by
3 State educational agencies, including how recipients will
4 share resources, services, and data;
5 "(B) a description of how the applicant
6 will coordinate its activities under this part with those
7 implemented under the Drug-Free Communities Act, if any;
8 and
9 "(C) (i) an assurance that it will evaluate
10 its program every two years to assess its progress toward
11 meeting its goals and objectives, and will use the results
12 of its evaluation to improve its program and refine its
13 goals and objectives as needed, if the applicant is not a
14 local educational agency; or
15 " (ii) the assurances under paragraph
16 (4) if the applicant is a local educational agency.
17 "(b) REVIEW OF APPLICATION. To review applications
18 under this section-
19 " (1) State educational agencies shall use a peer
20 review process ; and
21 "(2) Governors may use a peer review process or
22 other methods that ensure that applications are funded on
23 the basis of need and quality.
24
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"NATIONAL EVALUATIONS AND DATA COLLECTIONS
2 "SEC. 4117(a) NATIONAL EVALUATIONS.-(l) The
3 Secretary shall provide. for periodic national evaluations,
4 at least every two years, of the quality and impact of
5 programs under this title and other programs designed to
6 prevent drugs and violence in schools and submit a report
7 of the findings of such evaluations to the President and
8 Congress.
9 "(2) (A) The National Center for Education
10 Statistics shall collect data to determine the frequency,
11 seriousness, and incidence of violence in elementary and
12 secondary schools in the States. The Secretary shall
13 collect the data using, wherever appropriate, data
14 submitted by the States pursuant to subsection (b) (1) (B) .
15 "(B) The Secretary shall report to Congress
16 on the data collected under this paragraph, together with
17 such recommendations as the Secretary determines
18 appropriate.
19 "(3) The Secretary of Education and the Attorney
20 General shall publish annual reports on school safety.
21 "(b) STATE REPORTS.-(l) The Governor and State
22 educational agency of each State shall annually report to
23 the Secretary, in such form as the Secretary may require,
24 on the State's progress toward attaining its performance
33
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indicators, required under section 4112 Ca) (1) (c) (ii), for
2 achieving drug-free, safe, and orderly learning
3 environments in its schools. Annual reports shall-
4 "(A) be based on the State's ongoing
5 evaluation activities;
6 "(B) include data on the prevalence and
7 incidence of drug use and violence by youth in schools and
8 communi ties;
9 "(C) address the implementation and
10 outcomes of State and local programs under this Part, as
11 well as their effectiveness; and
12 "(D) be made readily available to the
13 public.
14 "(2) Each State shall report to the Secretary,
15 in such form as the Secretary, in consultation with the
16 Secretary of Health and Human services, may require, all
17 school related suicides and homicides within the State
18 within 30 days of the incident.
19 "(c) LOCAL REPORTS.-(l) (A) Each local educational
20 agency that receives a subgrant under section 4113(c) (2) or
21 section 4113(c) (3) shall report annually to the State
22 educational agency and the public on-
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"(i) the local educational agency's
2 progress toward meeting its results-based performance
3 indicators for its program;
4 "(ii) the results of its on-going
5 evaluation of its program; and
6 "(iii) any problems the local
7 educational agency has encountered in implementing its
8 program that warrant the provision of technical assistance
9 by the State educational agency_
10 "(B) The State educational agency shall
11 review the annual reports described under paragraph (1) and
12 shall not provide funding for the second or third year of a
13 local educational agency's program unless it determines
14 that the local educational agency is making reasonable
15 progress toward meeting its objectives_
16 "(2) (A) Each recipient of funds under section
17 411S(c) shall report annually to the Governor and to the
18 public on-
19 "(i) its progress toward meeting its
20 . results-based performance measures for its program;
21 " (ii) the results of its on-going
22 evaluation of its program; and
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"(iii) any problems it encountered in
2 implementing its program that warrant the provision of
3 technical assistance by the Governor.
4 "(B) The Governor shall review the annual
5 reports described under subparagraph (A), and shall not
6 provide funding for subsequent years of a mUlti-year
7 program unless the Governor determines that the recipient
8 is making reasonable progress toward meeting its
9 objectives.
10
11 "PART B - NATIONAL PROGRAMS
12 "NATIONAL ACTIVITIES
13 "SEC. 4211. (a) PROGRAM AUTHORIZED. From funds
14 appropriated to carry out this Part for each fiscal year
15 under section 4004(2), the Secretary shall carry out-
16 "(1) programs designed to promote drug-free,
17 safe, and orderly learning environments for students at all
18 educational levels, from preschool through the
19 postsecondary level; and
20 "(2) Programs for such students that promote
21 lifelong physical activity.
22 "(b) DRUG-FREE, SAFE AND ORDERLY LEARNING
23 ENVIRONMENTS.-(l) The Secretary may carry out the programs
24 described in subsection (a) (1) directly, or through grants,
36
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contracts, or cooperative agreements with public and
2 private organizations and individuals, or through
3 agreements with other Federal agencies, and shall
4 coordinate with other Federal agencies, as appropriate
5 . "(2) Programs under this subsection may include,
6 but are not limited to-
7 "(A) programs to train teachers in
8 innovative techniques and strategies of effective drug and
9 violence prevention;
10 "(B) research and demonstration projects to
II test innovative approaches to drug and violence prevention;
12 "(C) evaluations of the effectiveness of
13 programs funded under this title, or other programs
14 designed to create safe, disciplined, and drug-free
15 environments;
16 "(D) direct services and technical
17 assistance to schools and school systems, including those
18 afflicted with especially severe drug and violence
19 problems;
20 "(E) developing and disseminating drug and
21 violence prevention materials and information in print,
22 audiovisual, or electronic format, including information
23 about effective research-based programs, policies,
24 practices, strategies, and curriculum and other relevant
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materials to support drug and violence prevention
2 education;
3 "(F) recruiting, hiring, and training
4 program coordinators to assist school districts in
5 implementing high-quality, effective, research-based drug
6 and violence prevention programs;
7 "(G) the development and provision of
8 education and training programs, curricula, instructional
9 materials, and professional training for preventing and
10 reducing the incidence of crimes or conflicts motivated by
11 bullying, hate, prejudice, intolerance, or sexual
12 harassment and abuse;
13 "(H) programs for youth who are out of the
14 education mainstream, including school dropouts, students
15 who have been suspended or expelled from their regular
16 education program, and runaway or homeless children and
17 youth;
18 "(I) programs implemented in conjunction
19 with other Federal agencies that support local educational
20 agencies and communities in developing and implementing
21 comprehensive programs that create safe, disciplined, and
22 drug-free learning environments and promote healthy
23 childhood development;
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"(J) services and activities that reduce
2 the need for suspension and expulsion in maintaining
3 classroom order and discipline;
4 "(K) services and activities to prevent and
sreduce truancy; and
6 "(L) other activities that meet emerging or
7 unmet national needs consistent with the purposes of this
8 title.
9 "(c) LIFELONG PHYSICAL ACTIVITY PROGRAMS.-(l) The
10 Secretary may carry out the programs descr~bed in
11 subsection (a)(2) directly, or through grants, contracts,
12 or cooperative agreements with public and private
13 organizations and individuals, or through agreements with
14 other Federal agencies, and shall coordinate with the
IS Centers for Disease Control and Prevention, the President's
16 Council on Physical Fitness, and other Federal agencies, as
17 appropriate.
18 "(2) Programs under this subsection may include,
19 but are not limited to-
20 "(A) the conduct of demonstrations of
21 school-based programs that promote lifelong physical
22 activity, with a particular emphasis on physical education
23 programs that are part of coordinated school health
24 programs;
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"(B) training, technical. assistance, and
2 other activities to encourage States and local educational
3 agencies to implement sound school<-based programs that
4 promote lifel.ong physical. activity; and
5 "(C) activities designed to buil.d State
6 capacity to provide leadership and strengthen school.s'
7 capabilities to provide school-based programs that promote
8 lifelong physical activity.
9 "(d) PEER REVIEW. The Secretary shall use a peer
10 review process in reviewing applications for funds under
II this section.
12
\3 "PART C - SCHOOL EMERGENCY RESPONSE TO VIOLENCE
14 SEC. 4311. (a) PROJECT SERV.-(l) From funds
15 appropriated to carry out this Part for each fiscal year
16 under section 4004(3), the Secretary is authorized to carry
17 out a program of providing education-related services to
18 local educational agencies in which the learning
19 environment has been disrupted due to a violent or
20 traumatic crisis, such as a shooting or major accident.
21 Such program may be referred to as 'Project SERV.'
22 "(2) The Secretary may carry out Project SERV
23 directly, or through contracts, grants, or cooperative
24 agreements with public and private organizations and
40
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individuals, or through agreements with other Federal
2 agencies.
3 "(b) AUTHORIZED ACTIVITIES.-(l) Project SERV may
4 provide-
5 "(A) assistance to school personnel in
6 assessing a crisis situation, including-
7 "(i) assessing the resources available
8 to the local educational agency and community to respond to
9 the situation; and
10 "(ii) developing a response plan to
11 coordinate services provided at the Federal, State, and
12 local level;
13 "(B) mental health crisis counseling to
14 students and their families, teachers, and others in need
15 of such services;
16 "(C) increased school security;
17 "(D) training and technical assistance for
18 State and local educational agencies, State and local
19 mental health agencies, State and local law enforcement
20 agencies, and communities to enhance their capacity to
21 develop and implement crisis intervention plans;
22 " (E) service.s and activities designed to
23 identify and disseminate the best practices of school- and
24 community-related plans for responding to crises; and
41
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"(F) other needed services and activities
2 that are consistent with the purposes of this Part.
3 "(2) The. Secretary, in consultation with the
4 Attorney General, the Secretary of Health and Human
5 Services, and the Director of the Feder.al Emergency
6 Management Agency-
7 "(A) shall establish such criteria and
8 application requirements as may be needed to select which
9 local educational agencies are assisted under this Part;
10 and
11 "(B) may establish such reporting
12 requirements as.may be needed to collect uniform data and
13 other information from all local educational agencies
14 assisted under this part.
15 "(c) (1) There shall be established a Federal
16 Coordinating Committee on school crises comprised of the
17 Secretary, the Attorney General, the Secretary of Health
18 and Human Services, the Director of the Federal Emergency
19 Management Agency, the Director of the Office of National
20 Drug Control Policy, and such other members as the
21 Secretary shall determine. The Secretary shall serve as
22 chair of the Committee.
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"(2) The Corrunittee shall coordinate the Federal
2 responses to crises that occur in schools or directly
3 affect the learning environment in schools_
4
5 "PART D - RELATED PROVISIONS
6 "GUN FREE SCHOOLS ACT
7 "SEC. 4411. (a) SHORT TITLE. This section may be
8 cited as the 'Gun-Free Schools Act.'
9 "(b) REQUIREMENTS.-(l) Each State receiving Federal
10 funds under the Elementary and Secondary Education Act of
II 1965 shall have in effect a State law requiring local
12 educational agencies to expel from school, for a period of
13 not less than one year, a student who is determined to have
14 possessed a firearm at school under the jurisdiction of a
15 local educational agency in that State, except that such
16 State law shall allow the chief administering officer of
17 that local educational agency to modify the expulsion
18 requirement for a student on a case-by-case basis.
19 "(2) For the purpose of this section, the term
20 "firearm" means a firearm as such term is defined in
21 section 921 of title 18, United States Code.
22 " (c) SPECIAL RULE. The provisions of this section
23 shall be construed in a manner consistent with the
24 Individuals with Disabilities Education Act.
43
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"(d) REPORT TO STATE. Each local educational agency
2 requesting assistance from the State educational agency
3 under this Act shall provide to the State in its
4 application-
5 "(1) an assurance that such local educational
6 agency is in compliance with the State law required by
7 subsection (b); and
8 "(2) a description of the circumstances
9 surrounding any expulsions imposed under the State law
10 required by subsection (b) including-
11 "(A) the name of the school concerned;
12 "(E) the number of students expelled from
13 such school (disaggregated by gender, race, ethnicity, and
14 educational level); and
15 "(C) the type of weapons concerned.
16 "(e) REPORTING. Each State shall report the
17 information described in subsection (d) to the Secretary on
18 an annual basis.
19
20 "LOCAL POLICIES
21 "SEC. 4412. (a) REQUIRED POLICIES. No funds shall
22 be made available under this Act to any local educational
23 agency unless that agency has a policy requiring-
44
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"(1) referral to the criminal justice or
2 juvenile justice system of any student who possesses a
3 firearm at a school served by such agency;
4 "(2) referral to a mental health professional
5 for assessment as to whether a student described in
6 paragraph (1) poses an imminent threat of harm to himself
7 or others and needs' appropriate mental health services
8 before readmission to school; and
9 "(3) that any student who is expelled for
10 possession of a firearm at school be provided services to
11 the extent necessary to enable the student to progress
12 appropriately in the general curriculum.
13 "(b) SPECIAL RULE. The provisions of this section
14 shall be construed in a manner consistent with the
15 Individuals with Disabilities Education Act.
16 "(c) DEFINITIONS. For the purposes of this section,
17 the terms "firearm" and "school" have the same meaning
18 given those terms in section 921(a) of title 18, United
19 States Code.
20
21 "MATERIALS
22 "SEC. 4413 (a). 'WRONG AND HARMFUL MESSAGE'. Drug
23 prevention programs supported under this title shall convey
45
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a clear and consistent message that the illegal use of
2 alcohol and other drugs is wrong and harmful.
3 "(b) CURRICULUM. The Secretary. shall not prescribe
4 the use of particular curricula for programs under this
5 title, but may evaluate and disseminate information about
6 the effectiveness of such curricula and programs.
7
8 "PROHIBITED USE OF FUNDS
9 "SEC. 4414. PROHIBITED USES. No funds under this
10 title may be used for-
11 "(1) construction (except for minor remodeling
12 needed to accomplish the purposes of this part); and
13 "(2) medical services or drug treatment or
14 rehabilitation, except for pupil services or referral to
15 treatment for students who are victims of, or witnesses to,
16 crime or who use alcohol, tobacco, or drugs.
17
18
19 "TOBACCO- FREE SCHOOLS
20 "SEC. 4415 (a), REQUIRED POLICY. Each State
21 educational agency and local educational agency that
22 receives funds under the Elementary and Secondary Education
23 Act of 1965 shall have a policy that prohibits the use of
24 tobacco, in any form, at any time, and by any person, in
46
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school buildings, on school grounds, or at any school-
2 sponsored event.
3 "(b) ASSURANCE. Each local educational agency
4 requesting assistance under this Act from the State
5 educational agency shall include in its application an
6 assurance that it is in compliance with the requirements of
7 this section.
8 " (c) STATE REPORTING. Each State educational agency
9 shall report to the Secretary on an annual basis if any
10 local educational agency is not in compliance with the
11 requirements of subsection (a).
12 " (d) SHORT TITLE. This section may be cited as the
13 'Tobacco- Free Schools Act.'
14
15
16
17 "PROHIBITION OF SUPPLANTING
18 "SEC. 4416. SUPPLANTING PROHIBITED. Funds under
19 this title shall be used to increase the level of State,
20 local, and other non-Federal funds that would, in the
21 absence of funds under this title, be made available for
22 programs and activities authorized under this title, and in
23 no case to supplant such State, local, and other non-
24 Federal funds.
47
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"DEFINITIONS OF TERMS
2 "SEC. 4417. DEFINITIONS. As used in this title-
3 "(1) the term 'drug and violence prevention'
4 means-
5 "(A) with respect to drugs, prevention,
6 early intervention, rehabilitation referral, or education
7 related to the illegal use of alcohol and the use of
8 controlled, illegal, addictive, or harmful substances,
9 including inhalants and anabolic steroids;
10 "(B) prevention, early intervention,
11 smoking cessation activities, or education related to the
12 use of tobacco by children and youth eligible for services
13 under this title; and
14 "(C) with respect to violence, the
15 promotion of school safety, such that students and school
16 personnel are free from violent and disruptive acts,
17 including sexual harassment and abuse and victimization
18 associated with prejudice and intolerance, on school
19 premises, going to and from school, and at school-sponsored
20 activities, through the creation and maintenance of a
21 school environment that is free of weapons and fosters
22 individual responsibility and respect for the rights of
23 others;
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"(2) the terms 'drug treatment' and 'drug
2 rehabilitation' include activities to assist regular users
3 of drugs to become drug-free, but do not include
4 alternative education programs for students expelled from
5 school, student assistance programs, or programs to help
6 students who have been expelled to re-enter and succeed in
7 their regular education program;
8 " (3) the term 'hate crime' means a crime
9 described in section l(b) of the Hate Crime Statistics Act
10 0 f 19 9 0; and
11 " (4 ) the term 'medical services' includes, but
12 is not limited to, the diagnosis and treatment of disease,
13 illness, or injury, but does not include assessments by
14 mental health professionals to determine whether a student
15 poses an imminent threat of harm to himself or others.
16
17
18
19 ENVIRONMENTAL TOBACCO SMOKE
20 SEC. 402. The Pro-Children Act of 1994 (20 u.s.c.
21 6081, et seq.) is amended-
22 (1 ) in section 1042(2)-
23 (A) by striking out "education"; and
49
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(B) in subparagraph (A) (i), by striking out
2 "or the Secretary of Education"; and
3 (2) in section 1043-
4 (A) in subsection (a), by striking out
5 "kindergarten, elementary, or secondary education or"; and
6 (B) in subsection (c)-
7 (i) in paragraph (1)-
8 (I) by striking out
9 "KINDERGARTEN, ELEMENTARY, OR SECONDARY EDUCATION OR" from
10 the heading thereof; and
11 (II) by striking out
12 "kindergarten, elementary, or secondary education or"; and
13 (ii) in paragraph (3), by striking out
14 "kindergarten, elementary, or secondary education or".
15
50
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4/20/99
TITLE IV - SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT
SECTION-BY-SECTION ANALYSIS
Section 401 of the bill would amend and restate Title IV of
the ESEA, which authorizes assistance to States, local
educational agencies, and other public entities and
nonprofit organizations for programs to create and maintain
drug-free, safe, and orderly schools, as described below_
SHORT TITLE
Section 4001 - Short Title. Section 4001 would rename
Title IV of the ESEA as the "Safe and Drug-Free Schools and
Communities Act" to update the short title of "Safe and
Drug-Free Schools and Communities Act of 1994" in the
current law.
FINDINGS
Section 4002 - Findings. Section 4002 would update
the findings in section 4002 of the current law to focus
them on the need for program quality and accountability.
PURPOSE
Section 4003 - Declaration of Purpose. Section 4003
would contain a revised statement of purpose in section
4003 of the current law to reflect the following
overarching changes proposed in Title IV of the bill: (1)
a more focused program emphasis on supporting activities
for creating and maintaining drug-free, safe, and orderly
environments for learning in and around schools, as
compared to the more general emphasis under the current
program on supporting activities to prevent youth from
using drugs and engaging in violent behavior any time,
anywhere; (2) improved targeting of resources, through the
requirement that State educational agencies (SEAs)' award
funds competitively to local educational agencies (LEAs)
with a demonstrated need for funds and the highest quality
proposed programming, as compared to awarding funds to all
LEAs in the State noncompetitively, based on student
enrollment, under the current law; and (3) stronger
coordination between programs funded by the Governors and
the SEAs, by requiring that programs funded by the
Governors directly complement and support LEA programs, and
Hex-DUir,p Cortv'er:;IOii
by requiring Governors and SEAs to reserve funds at the
State level for joint capacity-building and technical
assistance, and accountability services, to improve the
effectiveness of, and institutionalize, State and local
Safe and Drug-Free Schools and Communities (SDFSC)
programs.
AUTHORIZATION OF APPROPRIATIONS
Section 4004 - Authorization. Section 4004 of the
bill would extend "such sums" authorizations for SDFSC
State grants and SDFSC National Programs for fiscal years
2001 through 2005, and establish a new such sums
authorization in each of these years for "Project SERV"
under Part C of Title IV.
PART A - STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION
PROGRAMS
RESERVATIONS AND.ALLOTMENTS
Section 4111(a) - Reservations. Section 4111(a) (1)
of the bill would retain the requirements in the current
law for the Secretary to reserve, from each fiscal year's
appropriation for SDFSC State grant funds, 1 percent for
the Outlying Areas, 1 percent for programs for Indian
youth, and 0.2 percent for programs for Native Hawaiians,
and would increase the amount of SDFSC State Grant funds
the Secretary may reserve each fiscal year for evaluation
to $2 million (up from $1 million under the current law) to
support more intensive evaluations that are needed to
demonstrate program outcomes and effectiveness.
Section 4111(a) (2) (A) (i) would prohibit the Insular
Areas from consolidating their SDFSC funds with other
Department of Education program funds, as would otherwise
be permitted under Insular Areas Consolidated Grant
Authority in Title V of Public Law 95-134. This language
would ensure that the SEA and Governor of each Insular Area
can coordinate their SDFSC programs as required elsewhere
in this Part in sections 4113 (b) (4) and 4115 (b) (3); without
this prohibition, a Governor or SEA may choose to spend its
SDFSC funds on other eligible program(s), making it
impossible for the Govern9r and SEA to meet these SDFSC
program coordination requirements.
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Section 4lll(a) (2) (A) (ii) would allow the Governor of
an Insular Area to consolidate its SDFse funds with the
Insular Area's SDFSe SEA funds, and allow the Insular Area
to administer both SDFse funding streams under the
statutory requirements applicable to SDFSe SEA programs.
This provision would address the reduced program
flexibility and increased administrative burden the Insular
Areas may experience from the prohibition in section
4111 (a) (2) (i) .
Section 4111(a) (2) (A) (iii) would add cross-references
to other provisions in the legislation to explicitly make
applicable to the Insular Areas the same SDFse requirements
concerning authorized programs and activities, applications
for funding, and coordination between the Governor and the
SEA that are applicable to the States.
Section 4111(a) (2) (B) would add cross reference to
other provisions in the legislation to explicitly make
applicable to the Secretary of the Interior the same SDFse
requirements concerning authorized programs and activities
for SDFse programs for Indian youth that are applicable to
the States.
Section 4111(a) (2) (e) would authorize SDFse programs
for Native Hawaiians (which are currently authorized under
section 4118) and explicitly make applicable to these
programs the same SDFse requirements concerning authorized
programs and activities that are applicable to the States.
This section would also delete the language in current
section 4118 requiring the Governor of the State of Hawaii
to recognize organizations eligible for funding under the
SDFse Native Hawaiian set-side, and add language requiring
that programs funded under this set-aside be coordinated
with the Hawaii SEA.
Section 41l1(b) (1) - State Allotments. Section
4l11(b) (1) would retain the provisions in the current law
requiring the Secretary to allocate State grant funds half
on the basis of school-aged population, and half on the
basis of State shares of ESEA Title I funding for the
preceding year.
Section 4111(b) (2) - Minimum. Section 4lll(b) (2)
would retain the provision in the current law that no State
receive less than one-half of one percent of all State
grant funding.
3
Hex-DUlr,p \"UI'Iv'~;~lon
Section 4111(b) (3) - Reallotment. Section 4111{b) (3)
would retain the provisions in the current law permitting
the Secretary to redistribute to other States, on the basis
of the formula in section 4111(b) (1), any amount of State
grant funds the Secretary determines a State will be unable
to use within two year of the initial award.
Section 4111(b) (4) - Definitions. Section 4111(b) (4)
would retain the definitions of "State" and "local
educational agency" in the current law.
STATE APPLICATIONS
Section 4112(a) - State Applications. Section
4112(a) (1) would change the State grant application
requirements in the current law to require that the
Governor and SEA apply jointly for funds, to ensure
increased coordination between the Governor and SEA,
consistent with the new program requirements proposed in
section 4113 (b) (4) and 4115 (b) (3) .
Section 4112(a) (2) would retain, with minor technical
changes, the requirement in the current law that States
include in their SDFSC State grant application a
description of how they will coordinate their SDFSC State
grant funding with other Federal education and drug
prevention programs.
Section 4112(a) (3) (A) and (E) would change the current
statute to require the States to include in their SDFSC
State grant applications: (1) a list of the State's
program performance indicators for drug and violence
prevention that are (a) outcomes-based, rather than simply
"measurable" as under current law, and (b) selected from a
core set of indicators to be developed by the Secretary in
consultation with State and local officials; and (2) a
description of (a) the procedures the State will use to
inform its LEAs of the State's performance indicators under
this program and for assessing and publicly reporting
progress toward meeting those indicators (or revising them
as needed), and (b) how the procedures the State will use
(as described in the State's application under sections
4112 (a) (3) (C), 4112 (a) (3) (D), and section 4112 (a) (3) (E)
below) to select LEAs and other entities for SDFSC State
grant funding will support the attainment of the State's
results-based performance indicators. These changes would
4
Htlx-Di.lIi;p C(;i'''i~:SIJi1 .
address the problem that, under current law, many States
have weak goals and objectives for their SDFse programs
that are entirely process-oriented and do not tie
strategically to the State's needs in this area.
Section 4112(a) (3) (e) would change the current statute
to require the States to include in their SDFse State grant
applications a description of the procedures the SEA will
use for reviewing applications and awarding funds to LEAs
competitively, based on need and quality as required by
section 4113(c) (2). These changes constitute a
significant departure from current law, under which SEAs
award funds to LEAs on the basis of student enrollment and
on State-determined "greatest need" criteria.
Section 4112(a) (3) (D) wou1dmodify the current statute
to require the States to include in thei~ SDFse State grant
applications a description of the procedures the SEA will
use for reviewing applications and awarding funds to LEAs
non-competitively, based on need and quality as permitted
by section 4113(c) (3).
Section 4112(a) (3) (E) would change the current statute
to require the Governors to include in their SDFse State
grant applications a description of the procedures the
Governor will use for reviewing applications and awarding
funds to eligible applicants competitively, based on need
and quality, as required by section 4115(c). These
changes would significantly strengthen the current law,
which does specify any criteria for how Governors must
award their funds under this program.
Section 4112(a) (3) (F) would add a requirement for
States to include in their applications a description of
how the SEA and Governor will use the funds reserved under
sections 4113(b) and 4115(b) for coordinated capacity-
building and technical assistance and program
accountability services and activities at the State and
local levels, consistent with the changes in those sections
requiring that the SEA and Governor each contribute at
least 10 percent of their respective funds to a joint
capacity-building and technical assistance and program
accountability effort. Section 4112(a) (3) (F) would also
retain language in the current law, with minor
modifications, requiring the SEA and Governor to describe
in their applications how they will coordinate their
activities with law enforcement, health, mental health, and
5
Hex-DiJmp Gon V~, ';:Ji
l
education programs and officials at the State and local
levels_
Section 4112(a) (3) (G) would, with minor technical
changes, retain the requirement in the current statute for
States to include in their applications a description of
how the SEA and Governor will monitor local SDFSC programs.
Section 4112(a) (3) (H) would add a new requirement for
States to describe in their applications how the SEA will
provide technical assistance to LEAs not receiving SDFSC
State grant funds to improve their programs, consistent
with the requirement in section 4113 (b) (4) (B) (ii) that, to
the extent practicable, SEAs and Governors use a portion of
the funds they reserve for State-level activities to
provide capacity building and technical assistance and
accountability services to all LEAs in the State, including
those that do not receive SDFSC State grant funds.
Section 4112(a) (4) would retain the requirement that
the States develop their applications in consultation and
coordination with appropriate State officials and
representatives of parents, students, and community-based
organizations, with minor changes deleting language in the
current law that the SEA and Governor develop portions of
the application separately, to conform with the
requirements in sections 4113 (b) (4) and 4115(b) (3) that the
SEA and Governor use a portion of the funds they reserve
for State-level activities to provide capacity building and
technical assistance and accountability services on a joint
basis.
Section 4112(a) (5) would retain the language in
current law requiring the States to include in their
applications an assurance that the State will cooperate
with, and assist the Secretary in conducing national impact
evaluations of programs required by section 4117(a).
Section 4112(b) would retain the language in the
current law under section 4112(d) requiring the Secretary
to use a peer review process in reviewing SDFSC State
grant applications.
STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS
Section 4113(a) - Allocation of Funds. Section
4113(a) would retain the requirement in current law that
6
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80 percent of the funds allocated to each State under
section 4111(b) be awarded to the SEA for use by SEAs and
LEAs, with minor changes in language conforming with the
revised statement of purpose in section 4003 that the funds
be used to carry out programs and activities that are
designed to create and maintain drug-free, safe, and
orderly learning environments for learning in and around
schools.
Section 4113(b) - State-Level Activities. Sections
4113(b) (1) through 4113(b) (3) would depart from the current
statute by establishing a new authority requiring SEAs to
reserve between 10 percent and 20 percent of their
allocations under section 4113(a) for State-level
activities. Under this new authority, SEAs may reserve up
to 20 percent, but not less than 10 percent, of their total
allocations under section 4113(a) to plan, develop, and
implement, jointly with the Governor, capacity building and
technical assistance and accountability services to support
the effective implementation of local drug and violence
prevention activities throughout the State and promote
program accountability and improvement. within this
20 percent cap, but in addition to the 10 minimum for
State-level activities, SEAs may also use up to 5 percent
of their funding (i.e., up to 25 percent of the amount they
reserve for State-level activities) for program
administration. This allowance for SEA State
administrative costs - an increase from the 4 percent
allowed under current law - is provided to accommodate the
increased administrative responsibilities under the new law
of running a State grant competition under section 4113(c),
and would provide greater assistance to LEAs for program
improvement than under the current law.
Section 4113(b) (4) (A) would require SEAs and Governors
to jointly use the amount reserved under section 4113(b) (3)
and section 4114(b) (3) to plan, develop, and implement
capacity building and technical assistance and
accountability services designed to support the effective
implementation of local drug and violence prevention
activities throughout the State, as well as promote program
accountability and prevention.
Section 4113(b) (4) (B) (i) would add new language to the
statute clarifying that the SEA and Governor may carry out
the services and activities required under section
4113(b) (4) (A) directly, or through subgrants or contracts
7
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with public and private organizations, as well as
individuals.
Section 4113(b) (4) (B) (ii) would add new language to
the statue requiring that to the extent practicable, SEAs
and Governors use funds under section 4l13(b) (4) (A) to
provide capacity building and technical assistance and
accountability services and activities to all LEAs in the
State, not just those that receive SDFSC State grants, in
order to ensure that: (1) LEAs receiving SDFSC funds.
receive adequate help to implement and institutionalize
high-quality programs; and (2) States can provide at least
some program assistance to LEAs that will no longer receive
SDFSC awards once funding limited to 50 percent of LEAs in
each State under the targeting provisions proposed in
section 4113 (c) (2) (D) .
Section 4113(b)(4)(B)(iii) would per.mit the SEA and
Governor to provide emergency intervention services to
schools and communities following a traumatic crisis, such
as a shooting or major accident that has disrupted the
learning environment.
Section 4113(b) (4) (C) would add definitions of
"capacity building" and "technical assistance and
accountability services" to clarify the meaning of these
terms in the statute.
Section 4113(c) (1) - Local-Level Activities. Section
4l13(c) (1) would depart from the current statute to specify
that SEAs must use at least 80 percent of their funding for
local-level activities, as described in sections 4113(c) (2)
and (3), rather than awarding at least 91 percent of their
funding to LEAs as is required under current law.
Section 4113(c) (2) (A) would depart from the current
statute to require SEAs to use at least 70 percent of their
total SDFSC State grant funding for competitive awards to
LEAs that the SEA determines have need for assistance,
rather than awarding at least 91 percent of their funding
to LEAs in the State by formula, based on enrollment
(70 percent) and "greatest need" (30 percent) .
Section 4113(c) (2) (B) would make minor wording changes
to the nine "need" factors in the current statute, and add
three additional factors relating to local fiscal capacity
to fund drug and violence prevention programs without
8
Hex-Duir.p Corlwi~IJn .
Federal assistance; the incidence of drug paraphernalia in
schools; and the high rates of drug-related emergencies or
deaths.
Section 4113(c) (2) (e) would depart from the current
statute to require SEAs to base their competition under
section 4113(c) (2) (A) on the quality of an LEA's proposed
program and how closely it is aligned with the following
principles of effectiveness: (1) the LEA's program is
based on a thorough assessment of objective data about the
drug and violence problems in the schools and communities
to be served; (2) the LEA has established a set of
measurable goals and objectives aimed at ensuring that all
'schools served by the LEA have a drug-free, safe, and
orderly learning environment, and has designed its program
to meet those goals and objectives; (3) the LEA has
designed and will implement its programs for youth based on
research or evaluation that provides evidence that the
program to be used will prevent or reduce drug use,
violence, delinquency, or disruptive behavior among youth;
and (4) the LEA will evaluate its program periodically to
assess its progress toward achieving its goals and
objectives, and will use evaluation results to refine,
improve, and strengthen its program, and refine its goals
and objectives, as needed.
Section 4113(c) (2) (D) would depart from the current
statute to require SEAs to target their competitive awards
under section 4113(c) (2) (A) to no more than 50 percent of
the LEAs in the State.
Section 4113(c) (2) (E) would require SEAs to make their
competitive awards to LEAs under section 4113(c) (2) of
sufficient size to support high-quality, effective programs
and activities that are designed to create safe,
disciplined, and drug-free learning environments in schools
and that are consistent with the needs, goals, and
objectives identified in the State's plan under section
4112.
Section 4113(c) (3) (A) would depart from the statute to
permit SEAs to use up to 10 percent of their total SDFSC
State grant funding for non-competitive awards to LEAs with
the greatest need ,for assistance, as described in section
4113(c) (2) (E), that did not receive a competitive award
under section 4113(c) (2) (A). LEA's would be eligible to
receive only one subgrant under this paragraph.
9
Hex-Duir.p L:0r,veiDlon
Section 4113(c) (3) (B) would require, for
accountability purposes, that in order for an SEA to make a
non-competitive award to an LEA under section
4113(c) (3) (A), the SEA must (1) assist the LEA in meeting
the information requirements under section 4116(a)
pertaining to LEA needs assessment, results-based
performance measures, comprehensive safe and drug-free
schools plan, evaluation plan, and assurances, and
(2) provide continuing technical assistance to the LEA to
build its capacity to develop and implement high-quality,
effective programs consistent with the principles of
effectiveness in section 4113 (c) (2) (C) (ii).
Section 4113(c) (4) (A) would depart from the current
statute to permit SEAs to use up to 2 percent of their
total SDFSC State grant 'funding or $50,000, whichever is
greater, to provide emergency intervention services to
schools and communities following a traumatic crisis, such
as a shooting or major accident that has disrupted the
learning environment, and explicitly authorize that such
services may be provided directly by the SEA or through
subgrants or contracts.
Section 4113(c) (4) (B) would specify that the emergency
services and activities authorized under Section 4113(c) (4)
include (1) helping school personnel assess the situation,
including the resources available to address the crisis;
(2) developing a response plan to coordinate services from
the Federal, State, and local levels; (3) providing short-
term and long-term mental health crisis counseling to
students, teachers, and others in need of such services;
(4) increasing school security; and (5) providing such
other services, including coordination services, as
necessary.
Section 4113(d) - Project Periods and Reallocations.
Section 4113(d) (1) would depart from the current statute to
provide that LEA awards under section 4113(c) be for a
project period not to'exceed three years, and require that,
in order to receive funds under section 4113 for the second
or third year of a project, the LEA demonstrate to the
satisfaction of the SEA that the LEA's project is making
reasonable progress toward its performance indicators under
section 4116 (a) (3) (c).
10
Hex-Duinp Curf"e:~IOi1 .
Section 4113(d) (2) would make technical changes to the
local reallocation provisions in the current statute
consistent with the changes proposed in section 4113, by
providing that an SEA may require LEAs to return funds
awarded to them under this section that they have not
expended within one year of the date of the subgrant, and
may award such recovered funds to other LEAs with the
greatest need for them either (1) through a new
competition, (2) by funding high-quality applications that
were not funded in a previous competition, or (3) by making
supplemental awards to current subgrant recipients.
LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS
Section 4114(a) - Principles of Effectiveness.
Section 4114(a) would depart from the current statute to
require that each LEA that receives SDFSC State grant
funding under section 4113(c) use those funds to support
research-based, drug and violence prevention services and
activities that are consistent with the principles of
effectiveness in section 4113 (c) (2) (C) (ii) .
Section 4114(b) - Other Authorized Activities.
Section 4114(b) (1) would permit an LEA that receives SDFSC
State grant funding under section 4113(c) to use those
funds for activities other than research-based programming,
so long as the LEA meets the requirements in section
4114(a), and those additional activities are carried out in
a manner that is consistent with the most recent relevant
research and with the purposes of this title. Section
4114(b) (1) of the bill also includes an illustrative list
of 12 such activities.
Section 4114(b) (2) would retain the 20 percent cap on
SDFSC State grant funds that LEAs may spend for the
acquisition or use of metal detectors and security
personnel, but permit SEAs to waive this cap for an LEA
that demonstrates to the satisfaction of its SEA, in its
application for funding under section 4116, that it has a
compelling need to do so.
GOVERNOR'S PROGRAMS
Section 4115(a) - Allocation of Funds. Section
4115(a) would retain the requirement in the current law
that 20 percent of the funds allocated to each State under
section 4111(b) be awarded to the Governor, but depart from
11
Hex-DlJillP COffve:~lon
the current statute, consistent with the revised statement
of purpose in section 4003, by requiring the Governor to
use these funds to support community efforts that directly
complement the efforts of LEAs to foster drug-free, safe,
and orderly learning environments for learning in and
around schools.
Section 4115(b) - State-Level Activities. Sections
4115(b) (1) through 4115(b) (3) would depart from the current
statute by establishing a new authority requiring Governors
to reserve between 10 percent and 20 percent of their
allocations under section 4115(a) for State-level
activities. Under this new authority, Governors may
reserve up to 20 percent, but not less than 10 percent, of
their total allocations under section 4115(a) to plan,
develop, and implement, jointly with the SEA, capacity
building and technical assistance and accountability
services to support the effective implementation of local
drug and violence prevention activities throughout the
State a~d promote program accountability and improvement,
as described in section 4113(b) (4). Within this 20 percent
cap, but in addition to the 10 minimum for State-level
activities, the bill would retain the language in the
current law authorizing the Governors to use up to
5 percent of their total funding (i. e., up to 25 percent of
the amount they reserve for State-level activities) for
program administration, with minor changes clarifying that
these administrative costs may be direct or indirect.
Section 4115(c) - Local Level Activities. Section
4115(c) (1) (A) would depart from the current statute to
specify that a Governor must use at least 80 percent of its
SDFSC State grant funding under section 4111(b) to make
competitive subgrants to community-based organizations,
LEAs, and other public entities and private non-profit
organizations to support community efforts that directly
complement the efforts of LEAs to foster drug-free, safe,
and orderly learning environments in and around schools.
Section 4115(c) (1) (B) would depart from the current statute
to require that, to be eligible for a subgrant under this
section, an applicant (other than a LEA applying on its own
behalf) must include in its application its written
agreement with one or more LEAs, or one or more schools
within a LEA, to provide services and activities in support
of such LEAs or schools, as well as an explanation of how
those services and activities will complement or support
the LEAs' or schools' efforts to provide a drug-free, safe,
12
Hex-Du;r.p C0nve:~IJn
and orderly school environment_ Section 4115(c) (1) (C) would
depart from current law to require Governors to base the
competition conducted under section 4115(c) (1) (A) on (1)
the quality of the applicant's proposed program and how
closely it is aligned with the principles of effectiveness
described in section 4113(c) (2) (C) (ii), and (2) on
objective criteria, determined by the Governor, on the
needs of the schools or LEAs to be served_
Section 4115(c) (1) (D) would change current law to
clarify that subgrants made by Governors under
section 4115(c) may support community efforts on a
Statewide, regional, or local basis and may support the
efforts of LEAs and schools that do not receive SDFSC State
grant funds.
Section 4115(c) (2) (A) would change the statute to
require that recipients under section 4115 (c) to' use those
funds generally to support research-based, drug and
violence prevention services and activities that are
consistent with the principles of effectiveness in section
4113 (c) (2) (C) (ii).
Section 4115(c) (2) (B) would change the statute to
permit a Governor's award recipient under section 4115(c)
to use those funds for activities other than research-based
programming, provided that these additional activities are
.carried out in a manner that is consistent with the 'most
recent relevant research and with the purposes of this
title. Section 4115(c) (2) (B) also includes an illustrative
list of 5 such activities.
LOCAL APPLICATIONS
Section 4116 - Application Contents. Section
4116(a) (1) would: (1) retain language in current statute,
with minor technical changes, requiring applicants for
subgrants from the SEA to submit an application that meets
the requirements in section 4116(a) (3) to the SEA at such
time, and includes such other information, as the SEA may
require; and (2) add a corresponding requirement not in the
current statute, requiring applicants for subgrants from
the Governor to submit an application that meets the
requirements in section 4116(a) (3) to the Governor at such
time, and incrudes such other information, as the Governor
may require.
13
Hex-Duinp CuiWer~IOi1
Section 4116(a) (2) (A) would retain language in the
current statute requiring LEAs applying for SEA subgrants
under section 4113(c) (2), 4113(c) (3), and 4115(c) to
develop their applications in consultation with a local or
regional advisory council that includes, to the extent
possible,' representatives of local government, business,
parents, students, teachers, public school personnel,
mental health service providers, appropriate State
agencies, private schools, law enforcement, community-based
organizations, and other groups interested in, and
knowledgeable about, drug and violence prevention.
Section 4116(a) (2) (B) would add language to the
current law to require entities other than LEAs applying
for subgrants under the Governor's program authorized by
section 4115(c) to develop their applications in
consultation with the schools or LEAs to be served, and to
the extent practicable, with the representatives described
in section 4116 (a) (2) (A) .
Section 4116(a) (3) would: (1) make technical changes
to strengthen the LEA application requirements that apply,
under current law, to the SEA formula grant program by
increasing the emphasis in the application on the
applicant's need for assistance and the quality of its
proposed programming; and (2) make this revised set of
requirements applicable to LEAs that apply to SEAs under
the proposed new competitive subgrant authority in section
4113(c) (2) or the new non-competitive subgrant authority in
section 4113(c) (3), as well as to LEAs that apply to
Governors under the subgrant authority in section 4115(c).
Section 4116(a) (4) would depart from the current
statute by adding the requirement that each LEA (or
consortium of LEAs, if applying jointly) that applies to
its SEA under the proposed new competitive subgrant
authority in section 4113(c) (2), or new non-competitive
subgrant authority in section 4113(c) (3), include in its
application assurances that it: (1) has a policy
prohibiting the use of tobacco by students and adults at
all times in school buildings and .on school grounds,
consistent with the Tobacco-Free Schools Act; (2) has a
policy, consistent with State law, that requires the
expulsion of students who possess a firearm at school
consistent with the Gun-Free Schools Act; (3) has, or will
have, a full- or part-time program coordinator whose
primary responsibility is planning, designing,
14
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implementing, and evaluating the applicant's programs
(unless the applicant demonstrates in its application, to
the satisfaction of the SEA, that such a program
coordinator is not needed); (4) will evaluate its program
every two years to ass.ess its progress toward meeting its
goals and objectives, and will use the results of its
evaluation to improve its program and refine its goals and
objectives, as needed; (5) will provide for an annual
school safety and drug use report card, as required by
section 4117(d); and (6) has, or the schools to be served
have, a comprehensive Safe and Drug-Free Schools plan that
includes: (a) appropriate and effective discipline
policies that prohibit disorderly conduct and the illegal
use, possession, distribution, and sale of tobacco,
alcohol, and other drugs by students, and that mandate
predetermined consequences, sanctions, or interventions for
specific offenses; (b) school security procedures at school
and while students are on the way to and from school; (c)
early intervention and prevention activities designed to
create and maintain safe, disciplined, and drug-free
environments; (d) school readiness and family involvement
activities; (e) improvements to classroom management and
school environment, such as efforts to reduce class size or
improve classroom discipline; and (f) arrangements for
referring troubled youth to juvenile justice and other
community resources, as appropriate, and responding to a
violent or traumatic crisis that disrupts the learning
environment_
Section 4116(a) (5) would depart from the current
statute by adding a requirement that any eligible entity
that applies to the Governor for a subgrant under section
4115(c) include in its application: (1) a descriptiori of
how the services and activities to be supported will be
coordinated with relevant SDFSC State grant programs that
are supported by SEAs, including how recipients will share
resources, services, and data; (2) a description of how the
applicant will coordinate its activities under this part
with those implemented under the Drug-Free communities Act,
if any; and (2) an assurance that it will evaluate its
program every two years to assess its progress toward
meeting its goals and objectives, and will use the results
of its evaluation to improve its program and refine its
goals and objectives as needed (if the applicant is not an
LEA), or the assurances under section 4116(a) (4), if the
applicant is an LEA.
15
Hex-DuiTlp Currie; ~Ion
Section 4116(b) would modify the language in the
current statute that requires Governors to use a peer
review process in reviewing local applications for SDFSC
State grants, by giving Governors the flexibility to use
other methods to ensure that applications under section
4116 are funded on the basis of need and quality, while
requiring State educational agencies to use a peer review
process.
NATIONAL EVALUATIONS AND DATA COLLECTIONS
Section 4117(a) - National Evaluations. Section
4117(a) would make minor technical changes to current law
to give the Secretary increased flexibility in meeting the
national evaluation and data collection requirements in
this section, and add a new requirement for the Secretary
of Education and the Attorney General to publish an annual
report on school safety.
Section 4117(b) - State Reports. Section 4117(b) (1)
would make minor technical changes to the current law to
refocus the State reports required by this section on the
State's progress toward attaining its performance
indicators for achieving drug-free, safe, and orderly
learning environments in its schools, consistent with the
changes proposed throughout Part A of the statute.
Section 4117(b) (2) would add a new requirement for
States to report, in such form as the Secretary, in
consultation with the Secretary of Health and Human
Services, may require, all school-related suicides and
homicides within the State, whether at school or at a
school sponsored function, or on the way to or from school
or a school-sponsored function, within 30 days of incident.
This requirement will enable the Federal Government to
collect longitudinal data on this statistic less
expensively than it does currently by collecting these data
retrospectively from multiple sources, and will impose
little administrative burden on the States.
Section 4117(c) - Local Reports. Section
4117(c) (1) (A) would make minor technical changes to the
current law to refocus the local reports required by this
section on the LEA's progress toward attaining its
performance indicators for achieving drug-free, safe, and
orderly learning environments in its schools, consistent
with the changes proposed for the corresponding State
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reports under section 4117(a), and would add a new
requirement that the LEA include in this report a statement
of any problems the LEA has encountered in implementing its
program that warrant the provision of technical assistance
by the SEA, to assist the SEA in planning its technical
assistance activities. These changes would apply to LEAs
that receive SDFSC subgrants through their SEA under
section 4113 (c) (2) or 4113 (c) (3).
Section 4117(c) (1) (B) would add new language to the
statute requiring SEAs to review the annual LEA reports
required under section 4117(c) (1) (A), and to terminate
funding for the second or third year of an LEA's program
unless it determines that the LEA is making reasonable
progress toward meeting its objectives.
Section 4117(c) (2) (A) would add new language to the
statute requiring that Governors' award recipients under
section 4115(c) submit an annual progress report to the
Governor and to the public containing the same type of
information required for LEA progress reports under section
4117(c) (1) (A).
Section 4117(c) (2) (B) would add new language to the
statute requiring Governors to review the annual progress
reports required und~r section 4117(c) (2) (A), and to
terminate funding for the second or third year of a
subgrantee's progr~m unless it determines that the
subgrantee is making reasonable progress toward meeting its
objectives.
Section 4117(d) would add new language to the statute
requiring each LEA receiving SDFSC State grant funds to
provide to the SEA and the public an annual school-level
report card for each of its schools that includes (1) the
number of violations of school policies during the previous
year for alcohol, marijuana, tobacco, weapons, fights, and
attacks on teachers, and (2) information on the sanctions
that were imposed for each type of violation, including
information about numbers of expulsions, suspensions,
referrals to alternative placements, transfers, and other
consequences.
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PART B - NATIONAL PROGRAMS
NATIONAL ACTIVITIES
Section 4211(a) - Program Authorized_ Section
4211(a) (1) would retain the language in the current
statute, with changes, to authorize the Secretary to use
National Programs funds for programs to promote drug-free,
safe, and orderly learning environments for students at all
educational levels, from preschool through the
postsecondary level and for programs that promote lifelong
physical activity_
Section 4211(b) (1) would retain the language in the
current statue, with minor technical changes, to authorize
the Secretary to carry out the National Programs authorized
under section 4211(a) directly, or through grants,
contracts, or cooperative agreements with public and
private organizations and individuals, or through
agreements with other Federal agencies, and to coordinate
with other Federal agencies as appropriate_
Section 4211(b) (2) would change the current statute to
streamline the list of authorized National Programs
activities - which are illustrative and not definitive - to
the following: (a) programs to train teachers in
innovative techniques and strategies of effective drug and
violence prevention; (b) research and demonstration
projects to test innovative approaches to drug and violence
prevention; (c) evaluations of the effectiveness of
programs funded under this title, and of other programs
designed to create safe, disciplined, and drug-free
environments; (d) direct services and technical assistance
to schools and schools systems, including those afflicted
with especially severe drug and violence problems; (e)
developing and disseminating drug and violence prevention
materials and information in print, audiovisual, or
electronic format, including information about effective
research-based programs, policies, practices, strategies,
and curriculum and other relevant materials to support drug
and violence prevention education; (f) recruiting, hiring,
and training program coordinators to assist school
districts in implementing high-quality, effective,
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research-based drug and violence prevention programs; (g)
the development and provision of education and training
programs, curricula, instructional materials, and
professional training for preventing and reducing the
incidence of crimes or conflicts motivated by bullying,
hate, prejudice, intolerance, or sexual harassment and
abuse; (h) programs for youth who are out of the education
mainstream, including school dropouts, students who have
been suspended or expelled from their regular education
program, and runaway or homeless children and youth; (i)
programs implemented in conjunction with other Federal
agencies that support LEAs and communities in developing
and implementing comprehensive programs that create safe,
disciplined, and drug-free learning environments and
promote healthy childhood development; (j) services and
activities that reduce the need for suspension and
expulsion in maintaining classroom order and discipline;
(k) services and activities to prevent and reduce truancy;
and (1) other activities that meet emerging or unmet
national needs consistent with the purposes of this title.
Section 4211(c)(1) would authorize the Secretary to
carry out programs for students that promote lifelong
physical activity directly, or through grants, contracts,
or cooperative agreements with public and private
organizations and individuals, or through agreements with
other Federal agencies, and to coordinate with the Centers
for Disease Control and prevention, the President's Council
on Physical Fitness, and other Federal agencies as
appropriate.
Section 4211(c)(2) would illustrate a list of programs
that could be carried out to support school-based reform
efforts to promote lifelong physical activity. These
include: the conduct of demonstrations of school-based
programs that promote lifelong physical activity, with a
particular emphasis on physical education programs that are
a part of a coordinated school health programs; training,
technical assistance, and other activities to encourage
States and local educational agencies to implement sound
school-based programs that promote lifelong physical
activity; and activities designed to build State capacity
to provide leadership and strengthen schools capabilities'
to provi.de school-based programs that promote lifelong
physical activity.
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Section 4211(d) - Peer Review. Section 4211(b) would
retain the requirement, in the current statute, that the
Secretary use a peer review process in reviewing
applications for funds under section 4211(a).
PART C - SCHOOL EMERGENCY RESPONSE TO VIOLENCE
Section 4311(a) - Project SERVo, Section 4311(a) (1)
would add new language to the statute authorizing the
Secretary to carry out a program named "Project SERV" for
providing education-related services to LEAs in which the
learning environment has been disrupted due to a violent or
traumatic crisis, such as a shooting or major accident.
Section 4311(a) (2) would add new language to the
statute authorizing the Secretary to carry out Project SERV
directly, or through contracts, grants, or cooperative
agreements with public and private organizations and
individuals, or through agreements with other Federal
agencies.
Section 4311(b) - Authorized Activities. Section
4311(b) would add new language to the statute authorizing
Project SERV to provide (a) assistance to school personnel
in assessing a crisis situation, including assessing the
resources available to the LEA and community in response to
the situation, and developing a response plan to coordinate
services provided at the Federal, State, and local level;
(b) mental health crisis counseling to students and their
families, teachers, and others in need of such services;
(c) increases school security; (d) training and technical
assistance for SEAs and LEAs, State and local mental health
agencies, State and local law enforcement agencies, and
communities to enhance their capacity to develop and
implement crisis intervention plans; (e) services and
activities designed to identify and disseminate the best
practices of school- and community-related plans for
responding to crises; and (f) other needed services and
activities that are consistent with the purposes of Project
SERVo
Section 4311(b) would add new language to the statute
providing that the Secretary of Education, in consultation
with the Attorney General, the Secretary of Health and
Human Services, and the Director of the Federal Emergency
Management Agency, shall establish criteria and application
requirements as may be needed to select which LEAs are
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assisted under Project SERV, and may establish reporting
requirements as may be needed to collect uniform data and
other information from all LEAs assisted under Project
SERVo
Section 4311(c) (1) would add new language to the
statute requiring the establishment of a Federal
Coordinating Committee on school crises comprised of the
Secretary (who shall serve as chair of the Committee), the
Attorney General, the Secretary of Health and Human
Services, the Director of the Federal Emergency Management
Agency, the Director of the Office of National Drug Control
Policy, and such other members as the Secretary shall
determine.
Section 4311(c) (2) would add new language to the
statute charging the Federal Coordinating Committee on
school crises established under section 4311(c) (1) with
coordinating the Federal responses to crises that occur in
schools or directly affect the learning environment in
schools.
PART D - RELATED PROGRAMS
GUN-FREE SCHOOLS ACT
Section 4411 - Short Title. Section 4411 would rename
section 4411 of the ESEA as the Gun-Free Schools Act. The
Gun-Free Schools Act is currently authorized under Part F
of Title XIV of the ESEA, and is proposed to be moved to
Title IV because of its close relationship with the SDFSC
program.
Section 4411(b) - Requirements. Section 4411(b) (1)
would restate, with minor technical changes, the language
in the current Gun-Free Schools Act requiring (1) that each
State receiving Federal funds under the ESEA have in effect
a State law requiring LEAs to expel from school, for a
period of not less than one year, a student who is
determined to have possessed a firearm at school under the
jurisdiction of the LEA in that State, and (2) that such
State law allows the chief administering officer of that
LEA to modify the expulsion requirement for a student on a
case-by-case basis.
Section 4411(b) (2) would restate the definition of the
term "firearm" as used in the current Gun-Free Schools Act.
21
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Section 4411(c) - Special Rule. Section 4411(c) would
restate the language in the current Gun-Free Schools Act
requiring that the provisions of section 4411 be construed
in a manner consistent with the Individuals with
Disabilities Education Act.
Section 4411(d) - Report to State. Section 4411(d)
would restate, with minor changes, the local reporting
requirements in the current Gun-Free Schools Act to require
each LEA requesting assistance from the SEA under the ESEA
to provide to the State in its application: (1) an
assurance that such LEA is in compliance with the State law
required by section 4411(b); and (2) a description of the
circumstances surrounding any expulsions imposed under the
State law required by section 4411(b), including (a) the
name of the school concerned; (b) the number of students
expelled from such school (disaggregated by gender, race,
ethnicity, and educational level), and (c) type of weapons
concerned.
Section 4411(e) - Reporting. Section 4411(e) would
restate the requirement in the current Gun-Free Schools Act
that each State report the information described in section
4411(d) to the Secretary on an annual basis.
LOCAL POLICIES
Section 4412(a) - Required Policies. Section
4412(a) (1) would restate, with minor technical changes, the
language in the current law (in ESEA section 14602(a))
requiring that no funds be made available under the ESEA to
any LEA unless it has a policy requiring referral to the
criminal justice or juvenile delinquency system of any
student who possesses a firearm at a school served by such
agency.
Section 4412(a) (2) would add an additional, new
requirement under section 4412 that no funds may be made
available under the ESEA to any LEA unless it also has a
policy requiring that any student referred to the criminal
justice or juvenile delinquency system under section
4412(a) (1) for possessing a firearm at school, also be
referred to a mental health professional for assessment as
to whether the student poses an imminent threat of harm to
himself or others and needs appropriate mental health
services before readmission to school.
22
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Section 4412(a) (3) would add an additional, new
requirement under section 4412 that any student who is
expelled for possession of a firearm at school be provided
services to the extent necessary to enable the student to
progress appropriately in the general curriculum.
Section 4412(b) - Special Rule. Section 4412(b)
would restate the language in the current Gun-Free Schools
Act requiring that the provisions of section 4412 be
construed in a manner consistent with the Individuals with
Disabilities Education Act.
Section 4412(b) - Definitions. Section 4412(b) would
restate the definitions of the terms "firearm" and "school"
in the current ESEA (in section 14602(b so that these
definitions apply to the changes proposed in'section 4412.
MATERIALS
Section 44l3(a) - "Wrong and Harmful Message".
Section 4413(a) would restate the language in the current
law (in ESEA section 4132(a requiring that drug
prevention programs supported under ESEA Title IV convey a
clear and consistent message that the illegal use of
alcohol and other drugs is wrong and harmful.
Section 4413(b) - Curriculum. Section 4413(b) would
restate, with minor technical changes, the language in the
current law (in ESEA section 4132(b to clarify that the
Secretary shall not prescribe the use of particular
curricula for programs under ESEA Title IV, but may
evaluate and disseminate information about the
effectiveness of such curricula and programs.
PROHIBITED USES OF FUNDS
Section 4414 - Prohibited Uses. Section 4414 would
restate the language in the current law (in ESEA section
4133) that no funds under ESEA Title IV may be used for (1)
construction (except for minor remodeling needed to
accomplish the purposes of this part), and (2) medical
services, drug treatment or rehabilitation, except for
pupil services or referral to treatment for students who
are victims of, or witnesses to, crime or who use alcohol,
tobacco, or drugs.
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TOBACCO-FREE SCHOOLS
Section 4415(a) - Required Policy. Section 4415(a)
would add new language to the ESEA requiring that each SEA
and LEA that receives ESEA funds have a policy that
prohibits the use of tobacco, in any form, at any time, and
by any person, in school buildings, on school grounds, or
at any school-sponsored event. This language would replace
similar language under current law in the Pro-Children Act
of 1994 (Title x, Part B of the Goals 2000: Educate America
Act) that (1) generally prohibits smoking in schools or
other indoor facilities where services are provided to
children that are supported with Federal funds from the
Departments of Education, 'Health and Human Services, or
Agriculture, and (2) authorizes civil penalties for persons
who violate such prohibition. The proposed new language
would also impose more stringent requirements than the Pro-
Children Act, in that: (1) the Pro-Children Act pertains
only to smoking, whereas the proposed new language would
prohibit smoking as well as the use of smokeless tobacco in
schools; and (2) the Pro-Children Act prohibitions on
smoking pertain to indoor facilities only and apply only
during the school day, whereas the proposed new language
would prohibit the use of tobacco on school grounds as well
as in school buildings, at any time, or at any school-
sponsored event. In accordance with this new language in
section 4415, section 402 of this bill would amend the Pro-
Children Act so it does not apply to schools or other
facilities providing services to children funded by the
Department of Education.
Section 4415(b) - Assurance. Section 4415(b) would
add language to the current law requiring each LEA
requesting assistance under the ESEA to include in its
application for funding an assurance that it is in
compliance with the requirements of section 4415(a).
Section 4415(c) - State Reporting. Section 4415(c)
would add language to the current law requiring each SEA to
report to the Secretary on an annual basis if any of its
LEAs is not in compliance with the requirements of
section 4415(a).
Section 4415(d) - Short Title. Section 4415(d) would
add language to the current law providing that section 4415
may be cited as the "Tobacco-Free Schools Act."
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PROHIBITION OF SUPPLANTING
Section 4416 - Supplanting Prohibited. Section 4416
would add language to the current law that was
inadvertently left out of the 1994 reauthorization,
requiring that funds under this title be used to increase
the level of State, local, and other non-Federal funds that
would, in the absence of funds under this title, be made
available for programs and activities authorized under this
title, and in no case to supplant such State, local, and
other non-Federal funds.
DEFINITION OF TERMS
Section 4417 - Definitions. Section 4417 would
restate the definitions in the current law for the terms
"drug and violence prevention" and "hate crime," and
definitions for the terms "drug treatment and drug
rehabilitation" and "medical services" to give these terms
specific meaning under this title.
ENVIRONMENTAL TOBACCO SMOKE
Section 402 of the bill would amend the Pro-Children
Act (Part H of Title X of the Goals 2000: Educate America
Act) so it does not apply to schools or other facilities
providing services to children funded by the Department of
Education, because the education provisions of the Pro-
Children Act would be superceded by the Tobacco-Free
Schools Act proposed under ESEA section 4415.
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