§7116. Local drug and violence prevention programs

(a) Program requirements

A local educational agency shall use funds received under this subpart to adopt and carry out a comprehensive drug and violence prevention program which shall-

(1) be designed, for all students and employees, to-

(A) prevent the use, possession, and distribution of tobacco, alcohol, and illegal drugs by students and to prevent the illegal use, possession, and distribution of such substances by employees;

(B) prevent violence and promote school safety; and

(C) create a disciplined environment conducive to learning; and

(2) include activities to promote the involvement of parents and coordination with community groups and agencies, including the distribution of information about the local educational agency's needs, goals, and programs under this subpart.

(b) Authorized activities

A comprehensive drug and violence prevention program carried out under this subpart may include-

(1) age-appropriate, developmentally based drug prevention and education programs for all students, from the preschool level through grade 12, that address the legal, social, personal and health consequences of the use of illegal drugs, promote a sense of individual responsibility, and provide information about effective techniques for resisting peer pressure to use illegal drugs;

(2) programs of drug prevention, comprehensive health education, early intervention, pupil services, mentoring, or rehabilitation referral, which emphasize students' sense of individual responsibility and which may include-

(A) the dissemination of information about drug prevention;

(B) the professional development of school personnel, parents, students, law enforcement officials, judicial officials, health service providers and community leaders in prevention, education, early intervention, pupil services or rehabilitation referral; and

(C) the implementation of strategies, including strategies to integrate the delivery of services from a variety of providers, to combat illegal alcohol, tobacco and drug use, such as-

(i) family counseling;

(ii) early intervention activities that prevent family dysfunction, enhance school performance, and boost attachment to school and family; and

(iii) activities, such as community service and service-learning projects, that are designed to increase students' sense of community;

(3) age-appropriate, developmentally based violence prevention and education programs for all students, from the preschool level through grade 12, that address the legal, health, personal, and social consequences of violent and disruptive behavior, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, and that include activities designed to help students develop a sense of individual responsibility and respect for the rights of others, and to resolve conflicts without violence;

(4) violence prevention programs for school-aged youth, which emphasize students' sense of individual responsibility and may include-

(A) the dissemination of information about school safety and discipline;

(B) the professional development of school personnel, parents, students, law enforcement officials, judicial officials, and community leaders in designing and implementing strategies to prevent school violence;

(C) the implementation of strategies, such as conflict resolution and peer mediation, student outreach efforts against violence, anti-crime youth councils (which work with school and community-based organizations to discuss and develop crime prevention strategies), and the use of mentoring programs, to combat school violence and other forms of disruptive behavior, such as sexual harassment and abuse; and

(D) the development and implementation of character education and training programs that reflect the values of parents, teachers, and local communities, and incorporate elements of good character, including honesty, citizenship, courage, justice, respect, personal responsibility, and trustworthiness; and

(E) comprehensive, community-wide strategies to prevent or reduce illegal gang activities;

(5) supporting "safe zones of passage" for students between home and school through such measures as Drug- and Weapon-Free School Zones, enhanced law enforcement, and neighborhood patrols;

(6) acquiring and installing metal detectors and hiring security personnel;

(7) professional development for teachers and other staff and curricula that promote the awareness of and sensitivity to alternatives to violence through courses of study that include related issues of intolerance and hatred in history;

(8) the promotion of before-and-after school recreational, instructional, cultural, and artistic programs in supervised community settings;

(9) drug abuse resistance education programs, designed to teach students to recognize and resist pressures to use alcohol or other drugs, which may include activities such as classroom instruction by uniformed law enforcement officers, resistance techniques, resistance to peer pressure and gang pressure, and provision for parental involvement; and

(10) the evaluation of any of the activities authorized under this subsection.

(c) Limitations

(1) In general

Not more than 20 percent of the funds made available to a local educational agency under this subpart may be used to carry out the activities described in paragraphs (5) and (6) of subsection (b) of this section.

(2) Special rule

A local educational agency shall only be able to use funds received under this subpart for activities described in paragraphs (5) and (6) of subsection (b) of this section if funding for such activities is not received from other Federal agencies.

(d) Administrative provisions

Notwithstanding any other provisions of law, any funds expended prior to July 1, 1995, under part B of the Drug-Free Schools and Communities Act of 1986 (as in effect prior to October 20, 1994) for the support of a comprehensive school health program shall be deemed to have been authorized by part B of such Act.

(Pub. L. 89–10, title IV, §4116, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3682 ; amended Pub. L. 106–554, §1(a)(1) [title III, §314], Dec. 21, 2000, 114 Stat. 2763 , 2763A-47.)

References in Text

Part B of the Drug-Free Schools and Communities Act of 1986 (as in effect prior to October 20, 1994), referred to in subsec. (d), means part B of title V of Pub. L. 89–10, as added by Pub. L. 100–297, title I, §1001, Apr. 28, 1988, 102 Stat. 254 , as amended, which was classified generally to part B (§3191 et seq.) of subchapter V of chapter 47 of this title prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519 .

Codification

October 20, 1994, referred to in subsec. (d), was in the original "enactment of the Improving America's Schools Act", which was translated as meaning enactment of the Improving America's Schools Act of 1994, Pub. L. 103–382, to reflect the probable intent of Congress.

Amendments

2000-Subsec. (b)(4)(D). Pub. L. 106–554 added subpar. (D) and struck out former subpar. (D) which read as follows: "the development and implementation of character education programs, as a component of a comprehensive drug or violence prevention program, that are tailored by communities, parents and schools; and".

Development of Model Program of Strategies and Tactics

Pub. L. 101–647, title XV, §1501, Nov. 29, 1990, 104 Stat. 4836 , provided that:

"(a) In General.-The Attorney General shall develop a model program of strategies and tactics for establishing and maintaining drug-free school zones.

"(b) Assistance to State and Local Law Enforcement Agencies.-The program required by subsection (a) shall be designed to provide State and local law enforcement agencies with materials, training, and other assistance to establish, enforce, and evaluate the effectiveness of drug-free school zone enforcement efforts.

"(c) Program Criteria.-The program required by subsection (a) shall-

"(1) define the criminal justice community's role in creating and maintaining drug-free school zones;

"(2) develop a framework for law enforcement collaboration with the school system and community resource network;

"(3) identify a core law enforcement drug demand reduction program plan;

"(4) provide materials and technical assistance for demarcating and establishing drug-free school zones;

"(5) create a coordinated publicity plan with the school system and community resource network;

"(6) identify and develop model drug-free school zone law enforcement strategies and tactics;

"(7) develop a model coordinated strategy for prosecuting violations within the zones;

"(8) create a uniform framework for monitoring and evaluating the effectiveness of drug-free school zones to determine which strategies and tactics succeed under various conditions and constraints; and

"(9) provide support materials and exemplary program overviews.

"(d) Preferred Approaches.-In establishing the program required by subsection (a), the Attorney General shall prefer approaches to drug-free school zone enforcement that unite the criminal justice community, the education community, and the network of community resources in meaningful collaboration to reduce the availability of and demand for drugs in a drug-free school zone.

"(e) Report.-At the conclusion of the program required by subsection (a), the Attorney General shall submit a report to Congress describing the strategies and tactics that are found to be successful in establishing, enforcing, and maintaining drug-free school zones.

"(f) Authorization of Appropriations.-There is authorized to be appropriated to carry out this section $1,500,000 for fiscal year 1991."

Section Referred to in Other Sections

This section is referred to in sections 7112, 8293, 8294 of this title.