Drug-Free Schools Act Exposed

The Drug-Free Schools Act is listed under ALEC's Education Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This Act would require drug education funds to be funneled through a state drug free schools advisory committee. Although many states expend significant amounts of their own money on drug education, most such funds currently expended are federal. The 1986 federal Drug Free Schools and Communities Act established the federal grant program and mandated that 80 percent of the funds go to each state's department of education and 20 percent go to each state's governor's office. This Act would require that state and federal funds be further funneled through a state drug-free schools advisory committee before reaching the schools.

The state Committee would be composed of a mix of law enforcement personnel, school officials, treatment officials, and parents. This Act would also provide for the creation of local drug-free schools committees, which would have the same composition as the state committee. The local committees would be responsible for approving specific plans drafted by a team of local law enforcement and school representatives. The state committee would be responsible for dispensing money to the local committees.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Title.}

This Act shall be known and may be cited as the Drug-Free Schools Act.

Section 2. {Definitions.}

As used in this Act, the term "drugs" includes, but is not limited to:

(A) All controlled substances defined in [cite state Controlled Substances Act].

Section 3. {Creation of the program.}

There is hereby created in the Office of [insert appropriate office], the Drug-Free Schools Program. All funds made available to the [Office] for the purposes of this Act shall be administered and disbursed by that Office in consultation with the state Drug-Free Schools Advisory Committee established hereafter.

(A) The Office of [insert name], in consultation with the Drug-Free Schools Advisory Committee, is authorized to allocate and award funds to local law enforcement agencies and public schools working jointly to develop drug and alcohol use prevention and drug and alcohol trafficking suppression programs in substantial compliance with the policies and criteria set forth herein after.

(B) The allocation and award of funds shall be made upon the joint application by the chief law enforcement agency's legislative body and the superintendent and board of the school district co-applicant. The joint application of the law enforcement agency and the school district shall be submitted for review to the local Drug-Free Schools Advisory Committee established hereafter. After review, the application shall be submitted to the Office of [insert name]. Funds disbursed under this Act may enhance but shall not supplant local funds that would, in the absence of the Drug-Free Schools Program, be made available to suppress and prevent drug and alcohol use among school-age children and to curtail drug and alcohol trafficking in and around schools, parks, and playgrounds.

(C) The co-applicant local law enforcement agency and the co-applicant school district shall enter into interagency agreements between themselves which will allow the management and fiscal tasks created pursuant to this Act and assigned to both the law enforcement agency and the school district to be performed by only one of them.

(D) Within 120 days of the effective date of this Act, the Office of [insert name] in consultation with the state Drug-Free Schools Advisory Committee established hereafter shall prepare and issue administrative guidelines and procedures for the Drug-Free Schools Program consistent with this Act. In addition to all other formal requirements that may apply to the enactment of such guidelines and procedures, a complete and final draft shall be submitted within 90 days of the effective date of this Act to the state chairman.

(E) After a full year of program operation, the Office of [insert name] shall prepare and submit an annual evaluation report to the Legislature describing in detail the operation of the program and the results obtained from the Drug-Free Schools Program receiving funds under this Act. The report also shall list the full costs applicable both to the Office of [insert name] for processing and reviewing applications, and to the state and local agencies for obtaining grants, from any source, to support the program. The purpose of the program evaluation shall be to identify successful methods of preventing drug and alcohol trafficking and use in schools. Ongoing evaluation findings shall be used to replicate proven successful methods, and to identify, implement, and refine new methods.

Section 4.{Responsibilities of local law enforcement agencies and school districts receiving funds under this Act.}

Law enforcement agencies and school districts receiving funds under this Act shall concentrate enhanced apprehension, prevention, and education efforts and resources on drug and alcohol use and drug trafficking in and around schools, parks, and playgrounds.

(A) Such enhanced apprehension, prevention, and education efforts shall include, but not be limited to:

(1) drug and alcohol traffic intervention programs;

(2) school and classroom-oriented programs, using a tested drug and alcohol education curriculum that provides in-depth and accurate information on drugs and alcohol, which may include the participation of local law enforcement agencies and qualified drug and alcohol use prevention specialists and which is designed to increase teachers' and students' awareness of drugs and alcohol and their effects;

(3) family-oriented programs aimed at preventing drug and alcohol use, which may include the participation of community-based organizations experienced in the successful operation of such programs;

(4) the establishment of a local Drug-Free Schools Advisory Committee. The committee shall be established and appointed by the [insert appropriate authority] of each [insert jurisdiction]. The committee may be a newly created committee or an existing local drug and alcohol use committee as designated by the appointing authority. The committee shall be composed of, at a minimum, the following:

(a) local law enforcement executives;

(b) school district executives;

(c) school site staff, which includes administra-tors, teachers, and credentialed personnel;

(d) parents;

(e) students;

(f) school peace officers;

(g) state, county, and local drug and alcohol program administrators designated pursuant to [insert citation from state code]; and

(h) drug and alcohol prevention program executives;

(5) development and distribution of appropriate written and audiovisual aids for training of school and law enforcement staff for handling drug-and-alcohol-related problems and offenses. Appropriate existing aids may be used in lieu of the development of new materials;

(6) development of prevention and intervention programs for elementary school teachers and students, including utilization of existing prevention and intervention programs;

(7) development of a coordinated intervention system that identifies students with chronic drug and alcohol abuse problems and treatment programs for such persons.

(B) Enhanced apprehension, prevention, and education efforts commenced under this Section shall be a joint effort between law enforcement agencies and local school districts in cooperation with [insert appropriate jurisdiction] drug and alcohol program offices. These efforts shall include, but are not limited to, the concentration of apprehension efforts in "problem" areas cooperatively identified by local school and law enforcement authorities.

(C) Funds appropriated pursuant to this Act may be used in part to support state-level development and statewide distribution of appropriate written and audiovisual aids for public awareness and training of school and law enforcement staff for handling drugand-alcohol-related problems and offenses. When existing aids can be identified, these aids may be used in lieu of the development of new aids.

Section 5. {Criteria for selection; establishment of state Drug-Free Schools Advisory Committee.}

Criteria for rating the grant applications of cooperating pairs or clusters of law enforcement agencies and school districts to receive Drug-Free Schools Program funding shall be developed by the Drug-Free Schools Advisory Committee.

(A) The state Drug-Free Schools Advisory Committee shall be composed of one police chief, one sheriff, one district attorney, one attorney primarily engaged in criminal defense, one representative of parent groups, one representative of the state Department of [insert appropriate state department], one county drug and alcohol program administrator pursuant to [insert citation from state code], a school peace officer, and representative of community-based drug and alcohol use prevention programs, all of whom are appointed by the governor. In addition, the attorney general shall designate one member representing the state Department of Justice, and the superintendent of public instruction shall designate four members, one drug and alcohol prevention specialist representing the Department of Education, and three school-site personnel. Staff services to the committee shall be provided by the Office of [insert name]. Committee members shall be reimbursed for actual expenses involved in the conduct of committee business. The committee shall review applications for grant awards and shall recommend approval for those applications that are deemed appropriate and are consistent with the guidelines and administrative procedures established pursuant to this Section and this Act.

(B) Each state Drug-Free Schools Advisory Committee member shall be personally present to cast a vote or be counted toward a quorum. An appointed member of the committee unable to attend any meeting may designate a representative to attend such meetings on his behalf. Such representative shall be accorded full privilege to address the committee on any matter under consideration but shall not have the right to vote on any motions entertained by the committee.

(C) The state Drug-Free Schools Advisory Committee shall develop specific guidelines and administrative procedures for the Drug-Free Schools Program.

(D) These guidelines and administrative procedures shall set forth the terms and conditions upon which the Office of [insert name] is prepared to offer grants of funds pursuant to statutory authority. The guidelines and administrative procedures do not constitute rules, regulations, orders, or standards of general application.

(E) Administration of the overall program and the evaluation of monitoring of all grants made under this Act shall be performed by the Office of [insert name].

(F) The Office of [insert name] shall, to the extent possible, coordinate the administration of the Drug-Free Schools Program with those of other state and federal agencies.

(G) Funds disbursed under this Act shall not be used for the acquisition of equipment.

(H) Funds disbursed under this Act shall not be used to purchase information on drugs or alcohol.

(I) In the interest of maximizing the use of funds for program support and implementation, local law enforcement agencies and school districts receiving funds under this Act are expressly discouraged from using Drug-Free Schools Program funds for personnel costs. Where it can be demonstrated that personnel costs are essential to the success of the program and that sufficient law enforcement and school personnel are not available to carry out the program, exceptions to this Section may be requested through the Office of [insert name].

(J) No more than 10 percent of the total amount of funds disbursed under this Section shall be used for administrative costs.

Section 6. {Severability clause.}

Section 7. {Repealer clause.}

Section 8. {Effective date}

ALEC's Sourcebook of American State Legislation 1995