No Child Left Behind
Safe and Drug-Free Schools and Communities Act,
Title IV Part A
PURPOSE
CFDA Number: 84.186A
Program Type: Formula Grants
Activities frequently funded by LEAs include: staff training; student instruction; curriculum development or acquisition; parent education and involvement; conflict resolution; peer mediation and student assistance programs, such as counseling, mentoring, identification and referral services.
REGULATIONS
SEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM.
(a) IN GENERAL-
(1) FUNDS TO LOCAL EDUCATIONAL AGENCIES- A State shall provide the amount made available to the State under this subpart, less the amounts reserved under section 4112 to local educational agencies for drug and violence prevention and education programs and activities as follows:
(A) 60 percent of such amount based on the relative amount such agencies received under part A of title I for the preceding fiscal year.
(B) 40 percent of such amount based on the relative enrollments in public and private nonprofit elementary schools and secondary schools within the boundaries of such agencies.
(2) ADMINISTRATIVE COSTS- Of the amount received under paragraph (1), a local educational agency may use not more than 2 percent for the administrative costs of carrying out its responsibilities under this subpart.
(3) RETURN OF FUNDS TO STATE; REALLOCATION-
(A) RETURN- Except as provided in subparagraph (B), upon the expiration of the 1-year period beginning on the date on which a local educational agency receives its allocation under this subpart —
(i) such agency shall return to the State educational agency any funds from such allocation that remain unobligated; and
(ii) the State educational agency shall reallocate any such amount to local educational agencies that have submitted plans for using such amount for programs or activities on a timely basis.
(B) CARRYOVER- In any fiscal year, a local educational agency, may retain for obligation in the succeeding fiscal year--
(i) an amount equal to not more than 25 percent of the allocation it received under this subpart for such fiscal year; or
(ii) upon a demonstration of good cause by such agency and approval by the State educational agency, an amount that exceeds 25 percent of such allocation.
(C) REALLOCATION- If a local educational agency chooses not to apply to receive the amount allocated to such agency under this subsection, or if such agency's application under subsection (d) is disapproved by the State educational agency, the State educational agency shall reallocate such amount to one or more of its other local educational agencies.
(b) ELIGIBILITY- To be eligible to receive a subgrant under this subpart, a local educational agency desiring a subgrant shall submit an application to the State educational agency in accordance with subsection (d). Such an application shall be amended, as necessary, to reflect changes in the activities and programs of the local educational agency.
(c) DEVELOPMENT-
(1) CONSULTATION-
(A) IN GENERAL- A local educational agency shall develop its application through timely and meaningful consultation with State and local government representatives, representatives of schools to be served (including private schools), teachers and other staff, parents, students, community-based organizations, and others with relevant and demonstrated expertise in drug and violence prevention activities (such as medical, mental health, and law enforcement professionals).
(B) CONTINUED CONSULTATION- On an ongoing basis, the local educational agency shall consult with such representatives and organizations in order to seek advice regarding how best to coordinate such agency's activities under this subpart with other related strategies, programs, and activities being conducted in the community.
(2) DESIGN AND DEVELOPMENT- To ensure timely and meaningful consultation under paragraph (1), a local educational agency at the initial stages of design and development of a program or activity shall consult, in accordance with this subsection, with appropriate entities and persons on issues regarding the design and development of the program or activity, including efforts to meet the principles of effectiveness described in section 4115(a).
(d) CONTENTS OF APPLICATIONS- An application submitted by a local educational agency under this section shall contain--
(1) an assurance that the activities or programs to be funded comply with the principles of effectiveness described in section 4115(a) and foster a safe and drug-free learning environment that supports academic achievement;
(2) a detailed explanation of the local educational agency's comprehensive plan for drug and violence prevention, including a description of—
(A) how the plan will be coordinated with programs under this Act, and other Federal, State, and local programs for drug and violence prevention, in accordance with section 9306;
(B) the local educational agency's performance measures for drug and violence prevention programs and activities, that shall consist of—
(i) performance indicators for drug and violence prevention programs and activities; including—
(I) specific reductions in the prevalence of identified risk factors; and
(II) specific increases in the prevalence of protective factors, buffers, or assets if any have been identified; and
(ii) levels of performance for each performance indicator;
(C) how such agency will assess and publicly report progress toward attaining its performance measures;
(D) the drug and violence prevention activity or program to be funded, including how the activity or program will meet the principles of effectiveness described in section 4115(a), and the means of evaluating such activity or program; and
(E) how the services will be targeted to schools and students with the greatest need;
(3) a description for how the results of the evaluations of the effectiveness of the program will be used to refine, improve, and strengthen the program;
(4) an assurance that funds under this subpart will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this subpart, be made available for programs and activities authorized under this subpart, and in no case supplant such State, local, and other non-Federal funds;
(5) a description of the mechanisms used to provide effective notice to the community of an intention to submit an application under this subpart;
(6) an assurance that drug and violence prevention programs supported under this subpart convey a clear and consistent message that acts of violence and the illegal use of drugs are wrong and harmful;
(7) an assurance that the applicant has, or the schools to be served have, a plan for keeping schools safe and drug-free that includes—
(A) appropriate and effective school discipline policies that prohibit disorderly conduct, the illegal possession of weapons, and the illegal use, possession, distribution, and sale of tobacco, alcohol, and other drugs by students;
(B) security procedures at school and while students are on the way to and from school;
(C) prevention activities that are designed to create and maintain safe, disciplined, and drug-free environments;
(D) a crisis management plan for responding to violent or traumatic incidents on school grounds; and
(E) a code of conduct policy for all students that clearly states the responsibilities of students, teachers, and administrators in maintaining a classroom environment that—
(i) allows a teacher to communicate effectively with all students in the class;
(ii) allows all students in the class to learn;
(iii) has consequences that are fair, and developmentally appropriate;
(iv) considers the student and the circumstances of the situation; and
(v) is enforced accordingly;
(8) an assurance that the application and any waiver request under section 4115(a)(3) will be available for public review after submission of the application; and
(9) such other assurances, goals, and objectives identified through scientifically based research that the State may reasonably require in accordance with the purpose of this part.
(e) REVIEW OF APPLICATION-
(1) IN GENERAL- In reviewing local applications under this section, a State educational agency shall use a peer review process or other methods of assuring the quality of such applications.
(2) CONSIDERATIONS- In determining whether to approve the application of a local educational agency under this section, a State educational agency shall consider the quality of application and the extent to which the application meets the principles of effectiveness described in section 4115(a).
(f) APPROVAL PROCESS-
(1) DEEMED APPROVAL- An application submitted by a local educational agency pursuant to this section shall be deemed to be approved by the State educational agency unless the State educational agency makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with this subpart.
(2) DISAPPROVAL- The State educational agency shall not finally disapprove the application, except after giving the local educational agency notice and opportunity for a hearing.
(3) NOTIFICATION- If the State educational agency finds that the application is not in compliance, in whole or in part, with this subpart, the State educational agency shall—
(A) give the local educational agency notice and an opportunity for a hearing; and
(B) notify the local educational agency of the finding of noncompliance, and in such notification, shall—
cite the specific provisions in the application that are not in compliance; and
(ii) request additional information, only as to the noncompliant provisions, needed to make the application compliant.
(4) RESPONSE- If the local educational agency responds to the State educational agency's notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in paragraph (3)(B)(ii), the State educational agency shall approve or disapprove such application prior to the later of—
(A) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or
(B) the expiration of the 120-day period described in paragraph (1).
(5) FAILURE TO RESPOND- If the local educational agency does not respond
to the State educational agency's notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved.
SEC. 4115. AUTHORIZED ACTIVITIES.
(a) PRINCIPLES OF EFFECTIVENESS-
(1) IN GENERAL- 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.
(2) PERIODIC EVALUATION-
(A) REQUIREMENT- The program or activity shall undergo a periodic evaluation to assess its progress toward reducing violence and illegal drug use in schools to be served based on performance measures described in section 4114(d)(2)(B).
(B) USE OF RESULTS- The results shall be used to refine, improve, and strengthen the program, and to refine the performance measures, and shall also be made available to the public upon request, with public notice of such availability provided.
(3) WAIVER- A local educational agency may apply to the State for a waiver of the requirement of subsection (a)(1)(C) to allow innovative activities or programs that demonstrate substantial likelihood of success.
(b) LOCAL EDUCATIONAL AGENCY ACTIVITIES-
(1) PROGRAM REQUIREMENTS- A local educational agency shall use funds made available under section 4114 to develop, implement, and evaluate comprehensive programs and activities, which are coordinated with other school and community-based services and programs, that shall —
(A) foster a safe and drug-free learning environment that supports academic achievement;
(B) be consistent with the principles of effectiveness described in subsection (a)(1);
(C) be designed to —
(i) prevent or reduce violence; the use, possession and distribution of illegal drugs; and delinquency; and
(ii) create a well disciplined environment conducive to learning, which includes consultation between teachers, principals, and other school personnel to identify early warning signs of drug use and violence and to provide behavioral interventions as part of classroom management efforts; and
(D) include activities to —
(i) promote the involvement of parents in the activity or program;
promote coordination with community groups and coalitions, and government agencies; and
(iii) distribute information about the local educational agency's needs, goals, and programs under this subpart.
(2) AUTHORIZED ACTIVITIES- Each local educational agency, or consortium of such agencies, that receives a subgrant under this subpart may use such funds to carry out activities that comply with the principles of effectiveness described in subsection (a), such as the following:
(A) Age appropriate and developmentally based activities that —
address the consequences of violence and the illegal use of drugs, as appropriate;
(ii) promote a sense of individual responsibility;
teach students that most people do not illegally use drugs;
teach students to recognize social and peer pressure to use
drugs illegally and the skills for resisting illegal drug use;
teach students about the dangers of emerging drugs;
engage students in the learning process; and
(vii) incorporate activities in secondary schools that reinforce prevention activities implemented in elementary schools.
(B) Activities that involve families, community sectors (which may include appropriately trained seniors), and a variety of drug and violence prevention providers in setting clear expectations against violence and illegal use of drugs and appropriate consequences for violence and illegal use of drugs.
(C) Dissemination of drug and violence prevention information to schools and the community.
(D) Professional development and training for, and involvement of, school personnel, pupil services personnel, parents, and interested community members in prevention, education, early identification and intervention, mentoring, or rehabilitation referral, as related to drug and violence prevention.
(E) Drug and violence prevention activities that may include the following:
Community-wide planning and organizing activities to reduce violence and illegal drug use, which may include gang activity prevention.
Acquiring and installing metal detectors, electronic locks, surveillance cameras, or other related equipment and technologies.
Reporting criminal offenses committed on school property.
Developing and implementing comprehensive school security plans or obtaining technical assistance concerning such plans, which may include obtaining a security assessment or assistance from the School Security and Technology Resource Center at the Sandia National Laboratory located in Albuquerque, New Mexico.
Supporting safe zones of passage activities that ensure that students travel safely to and from school, which may include bicycle and pedestrian safety programs.
The hiring and mandatory training, based on scientific research, of school security personnel (including school resource officers) who interact with students in support of youth drug and violence prevention activities under this part that are implemented in the school.
Expanded and improved school-based mental health services related to illegal drug use and violence, including early identification of violence and illegal drug use, assessment, and direct or group counseling services provided to students, parents, families, and school personnel by qualified school-based mental health service providers.
Conflict resolution programs, including peer mediation programs that educate and train peer mediators and a designated faculty supervisor, and youth anti-crime and anti-drug councils and activities.
(ix) Alternative education programs or services for violent or drug abusing students that reduce the need for suspension or expulsion or that serve students who have been suspended or expelled from the regular educational settings, including programs or services to assist students to make continued progress toward meeting the State academic achievement standards and to reenter the regular education setting.
(x) Counseling, mentoring, referral services, and other student assistance practices and programs, including assistance provided by qualified school-based mental health services providers and the training of teachers by school-based mental health services providers in appropriate identification and intervention techniques for students at risk of violent behavior and illegal use of drugs.
(xi) Programs that encourage students to seek advice from, and to confide in, a trusted adult regarding concerns about violence and illegal drug use.
Drug and violence prevention activities designed to reduce truancy.
Age-appropriate, developmentally-based violence prevention and education programs that address 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.
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.
Emergency intervention services following traumatic crisis events, such as a shooting, major accident, or a drug-related incident that have disrupted the learning environment.
Establishing or implementing a system for transferring suspension and expulsion records, consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g), by a local educational agency to any public or private elementary school or secondary school.
Developing and implementing character education programs, as a component of drug and violence prevention programs, that take into account the views of parents of the students for whom the program is intended and such students, such as a program described in subpart 3 of part D of title V.
Establishing and maintaining a school safety hotline.
Community service, including community service performed by expelled students, and service-learning projects.
(xx) Conducting a nationwide background check of each local educational agency employee, regardless of when hired, and prospective employees for the purpose of determining whether the employee or prospective employee has been convicted of a crime that bears upon the employee's fitness —
(I) to be responsible for the safety or well-being of children;
(II) to serve in the particular capacity in which the employee or prospective employee is or will be employed; or
(III) to otherwise be employed by the local educational agency.
Programs to train school personnel to identify warning signs of youth suicide and to create an action plan to help youth at risk of suicide.
(xxii) Programs that respond to the needs of students who are faced with domestic violence or child abuse.
(F) The evaluation of any of the activities authorized under this subsection and the collection of objective data used to assess program needs, program implementation, or program success in achieving program goals and objectives.
(c) LIMITATION-
(1) IN GENERAL- Except as provided in paragraph (2), not more than 40 percent of the funds available to a local educational agency under this subpart may be used to carry out the activities described in clauses (ii) through (vi) of subsection (b)(2)(E), of which not more than 50 percent of such amount may be used to carry out the activities described in clauses (ii) through (v) of such subsection.
(2) EXCEPTION- A local educational agency may use funds under this subpart for activities described in clauses (ii) through (v) of subsection (b)(2)(E) only if funding for these activities is not received from other Federal agencies.
(d) RULE OF CONSTRUCTION- Nothing in this section shall be construed to prohibit the use of funds under this subpart by any local educational agency or school for the establishment or implementation of a school uniform policy if such policy is part of the overall comprehensive drug and violence prevention plan of the State involved and is supported by the State's needs assessment and other scientifically based research information.
SEC. 4116. REPORTING.
(a) STATE REPORT-
(1) IN GENERAL- By December 1, 2003, and every 2 years thereafter, the chief executive officer of the State, in cooperation with the State educational agency, shall submit to the Secretary a report —
(A) on the implementation and outcomes of State programs under section 4112(a)(1) and section 4112(c) and local educational agency programs under section 4115(b), as well as an assessment of their effectiveness;
(B) on the State's progress toward attaining its performance measures for drug and violence prevention under section 4113(a)(10); and
(C) on the State's efforts to inform parents of, and include parents in, violence and drug prevention efforts.
(2) SPECIAL RULE- The report required by this subsection shall be —
(A) in the form specified by the Secretary;
(B) based on the State's ongoing evaluation activities, and shall include data on the incidence and prevalence, age of onset, perception of health risk, and perception of social disapproval of drug use and violence by youth in schools and communities; and
(C) made readily available to the public.
(b) LOCAL EDUCATIONAL AGENCY REPORT-
(1) IN GENERAL- Each local educational agency receiving funds under this subpart shall submit to the State educational agency such information that the State requires to complete the State report required by subsection (a), including a description of how parents were informed of, and participated in, violence and drug prevention efforts.
(2) AVAILABILITY- Information under paragraph (1) shall be made readily available to the public.
(3) PROVISION OF DOCUMENTATION- Not later than January 1 of each year that a State is required to report under subsection (a), the Secretary shall provide to the State educational agency all of the necessary documentation required for compliance with this section.