On January 8, 2002, President Bush signed into law the No Child Left Behind Act of 2001, making this the first time legislation that authorizes federal funds that may be used for school drug testing has been signed into law.
Title IV – Part A of this act, entitled the Safe and Drug Free Schools and Communities, provides states with federal funds to “support programs that prevent violence in an around schools; that prevent the illegal use of alcohol, tobacco, and drugs; that involve parents and communities; and that are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning environment that supports student academic achievement, through the provision of Federal assistance.” The act authorizes funds to states for grants to provide programs of drug and violence prevention and early intervention.
Sec. 4115 (a) – Principles of Effectiveness - states, “For a program or activity developed pursuant to this subpart to meet the principles of effectiveness, such program or activity shall—
(A) be based on an assessment of objective data regarding the incidence of violence and illegal drug use in the elementary schools and secondary schools and communities to be served, including an objective analysis of the current conditions and consequences regarding violence and illegal drug use, including delinquency and serious discipline problems, among students who attend such schools (including private school students who participate in the drug and violence prevention program) that is based on ongoing local assessment or evaluation activities;
(B) be based on an established set of performance measures aimed at ensuring that the elementary schools and secondary schools and communities to be served by the program have a safe, orderly, and drug-free learning environment;
(C) be based on scientifically based research that provides evidence that the program to be used will reduce violence and illegal drug use;
(D) be based on an analysis of the data reasonably available at the time, of the prevalence of risk factors, including high or increasing rates of reported cases of child abuse and domestic violence; protective factors, buffers, assets; or other variables in schools and communities in the State identified through scientifically based research; and
(E) include meaningful and ongoing consultation with and input from parents in the development of the application and administration of the program or activity.”
In addition to the initial criteria that must be met, the programs must undergo periodic evaluations to ensure that the program is successfully reducing violence or drug use. Clearly the federal funds made available through this act are to be used for programs that show results.
Section 4115 (b) (2) (E), which discusses the authorized activities that the federal funds may be used for, includes “(xiv) Consistent with the fourth amendment to the Constitution of the United States, the testing of a student for illegal drug use or the inspecting of a student’s locker for weapons or illegal drugs or drug paraphernalia, including at the request of or with the consent of a parent or legal guardian of the student, if the local educational agency elects to so test or inspect.” While there are many other prevention and intervention activities funded through this legislation, in today’s climate of determining the constitutionality of student drug testing, this approval of funds for the purpose of drug testing is unprecedented.
This legislation marks a milestone for the drug and alcohol testing industry, which has consistently lobbied for school drug testing legislation. DATIA is enthusiastic that the industry’s efforts are finally paying off in meaningful legislation promoting the services of our members, and DATIA will continue to push for legislation on this subject. DATIA will monitor the implementation of the act and the funds made available to states under Title IV, and keep you informed.
