FR Doc 05-8039
[Federal Register: April 21, 2005 (Volume 70, Number 76)]
[Notices]
[Page 20739-20742]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap05-28]
Download: 
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Office of Safe and Drug-Free Schools--Grants for School-Based
Student Drug-Testing Programs
AGENCY: Office of Safe and Drug-Free Schools, Department of Education.
ACTION: Notice of proposed eligibility and application requirements,
priorities, and selection criteria.
-----------------------------------------------------------------------
SUMMARY: The Assistant Deputy Secretary for Safe and Drug-Free Schools
proposes eligibility and application requirements, priorities, and
selection criteria under Safe and Drug-Free Schools and Communities
National Programs for the School-Based Student Drug-Testing Programs.
The Assistant Deputy Secretary may use these requirements, priorities,
and selection criteria for competitions in fiscal year 2005 and later
years. We take this action to focus Federal financial assistance on an
identified national need. We intend for these priorities to increase
the use of drug testing as a means to deter student drug use.
DATES: We must receive your comments on or before May 23, 2005.
ADDRESSES: Address all comments about these requirements, priorities,
and selection criteria to Robyn L. Disselkoen or Sigrid Melus, U.S.
Department of Education, 400 Maryland Avenue, SW., Washington, DC
20202-6450. If you prefer to send your comments through the Internet,
use the following address: OSDFSdrugtesting@ed.gov.
You must include the term ``Comments on FY 2005 Student Drug-
[[Page 20740]]
Testing Notice'' in the subject line of your electronic message.
FOR FURTHER INFORMATION CONTACT: Robyn Disselkoen or Sigrid Melus at
(202) 260-3954.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation To Comment
We invite you to submit comments regarding these proposed
requirements, priorities, and selection criteria.
We invite you to assist us in complying with the specific
requirements of Executive Order 12866 and its overall requirement of
reducing regulatory burden that might result from these proposed
requirements, priorities, and selection criteria. Please let us know of
any further opportunities we should take to reduce potential costs or
increase potential benefits while preserving the effective and
efficient administration of the program.
During and after the comment period, you may inspect all public
comments about these proposed requirements, priorities, and selection
criteria in room 3E253, 400 Maryland Avenue, SW., Washington DC,
between the hours of 8:30 a.m. and 4 p.m., Washington, DC time, Monday
through Friday of each week except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for these proposed requirements, priorities, and
selection criteria. If you want to schedule an appointment for this
type of aid, please contact one of the persons listed under FOR FURTHER
INFORMATION CONTACT.
Background
Although drug use among America's youth has declined in recent
years, far too many young people continue to use these harmful
substances. Results of the 2004 Monitoring the Future survey, for
example, show that the proportions of 8th-, 10th-, and 12th-grade
students indicating any use of an illicit drug in the 12 months prior
to the survey were 15 percent, 31 percent and 39 percent, respectively.
The consequences of drug use by this vulnerable population are
clear. According to the Substance Abuse and Mental Health Services
Administration (SAMHSA), Department of Health and Human Services,
students using illegal drugs are more likely to have negative attitudes
about school and to have engaged in the following delinquent behaviors
during the past year: Gotten into a serious fight at school or work,
attacked someone with the intent to inflict serious injury, carried a
handgun, sold illegal drugs, or had stolen or tried to steal something
worth $50 or more. (2003 National Survey on Drug Use and Health) In
addition, an analysis of data from the National Household Survey on
Drug Abuse over a three year period from 1994-96 found that frequent
marijuana users were more likely than less frequent users to report
delinquent behaviors such as running away from home, stealing, and
cutting classes or skipping school. Clearly, drug abuse both interferes
with a student's ability to learn and disrupts the orderly environment
necessary for academic achievement.
Steroid abuse is also a problem for young people. The 2004
Monitoring the Future Study shows that 1.9 percent of eighth graders,
2.4 percent of tenth graders, and 3.4 percent of twelfth graders
reported using steroids at least once in their lifetime. The Youth Risk
Behavior Surveillance System (YRBSS) sponsored by the Centers for
Disease Control and Prevention (CDC) reported that 6.1% of all high
school students surveyed by CDC in 2003 reported lifetime use of
steroid pills/shots without a doctor's prescription. This figure
includes 7.1 percent of ninth graders, 6.1 percent of tenth graders,
5.6 percent of eleventh graders, and 4.9 percent of twelfth graders.
According to research carried out by the National Institute on Drug
Abuse, the consequences for teens of both sexes who use steroids can
include severe acne; hormone imbalances; stunted growth; heart attacks;
liver cancer (National Institute on Drug Abuse. NIDA Research Report--
Steroid Abuse and Addiction Printed 1991. Reprinted 1994, 1996. Revised
April, 2000); and extreme mood changes. (National Institute on Drug
Abuse. Mind Over Matter: The Brain's Response to Steroids. Printed
1997. Reprinted 1998, 2000)
President Bush, in his January 20, 2004, State of the Union
Address, noted: ``One of the worst decisions our children can make is
to gamble their lives and futures on drugs.'' He proposed to ``continue
our aggressive, community-based strategy to reduce demand for illegal
drugs'' and stated: ``Drug testing in our schools has proven to be an
effective part of this effort.''
Further, the Office of National Drug Control Policy (ONDCP), in its
2004 National Drug Control Strategy Update, states that student drug
testing programs ``advance the Strategy's goal of intervening early in
the young person's drug career, using research-based prevention
approaches to guide users into counseling or drug treatment, and
deterring others from starting in the first place.'' ONDCP describes
student drug testing as a ``remarkable grassroots tool that the Federal
Government is moving aggressively to support with research funding as
well as support for program design and implementation.''
The Department of Education, through these proposed requirements,
priorities, and selection criteria, is encouraging schools and
communities to consider the use of mandatory random and voluntary
student drug-testing programs as a tool to support other drug-
prevention efforts.
Discussion of Requirements, Priorities, and Selection Criteria
We will announce the final requirements, priorities, and selection
criteria in a notice in the Federal Register. We will determine the
final requirements, priorities, and selection criteria after
considering responses to this notice and other information available to
the Department. This notice does not preclude us from proposing or
using additional requirements, priorities, and selection criteria
subject to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use one or more of these proposed priorities, we
invite applications through a notice in the Federal Register. When
inviting applications, we designate the priorities as absolute,
competitive preference, or invitational. The effect of each type of
priority follows:
Absolute priority: Under an absolute priority we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority we give competitive preference to an application by either (1)
awarding additional points, depending on how well or the extent to
which the application meets the competitive priority (34 CFR
75.105(c)(2)(i)); or (2) selecting an application that meets the
competitive priority over an application
[[Page 20741]]
of comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority we are
particularly interested in applications that meet the invitational
priority. However, we do not give an application that meets the
invitational priority a competitive or absolute preference over other
applications (34 CFR 75.105(c)(1)).
Proposed Eligibility Requirements
We propose to limit eligibility for grants to local educational
agencies (LEAs) and public and private entities.
Proposed Priorities
Proposed Priority 1: Mandatory Random and Voluntary Student
Drug-Testing Programs
Under this proposed priority, we would provide Federal financial
assistance to eligible applicants to develop and implement, or expand,
school-based mandatory random or voluntary drug-testing programs for
students in one or more grades 6 through 12. We propose that any drug-
testing program conducted with funds awarded under this priority be
limited to one or more of the following:
(1) Students who participate in the school's athletic program;
(2) students who are engaged in competitive, extracurricular,
school-sponsored activities; and
(3) a voluntary drug-testing program for students who, along with
their parent or guardian, have provided written consent to participate
in a random drug-testing program.
Applicants who propose voluntary drug testing for students who,
along with their parent or guardian, provide written consent, must not
prohibit students who do not consent from participating in school or
extracurricular activities.
Proposed Priority 2: National Evaluation of Mandatory Random
Student Drug-Testing Programs
Under this proposed priority, we would provide Federal financial
assistance to eligible applicants to develop and implement school-based
mandatory random drug-testing programs for students in one or more
grades 6 through 12. We propose that any drug-testing program conducted
with funds awarded under this priority be limited to one or more of the
following:
(1) All students who participate in the school's athletic program;
and
(2) All students who are engaged in competitive, extracurricular,
school-sponsored activities.
Applicants for Priority 2 must propose drug testing in two
or more schools that do not have an existing drug-testing program in
operation. Each school must include, at a minimum, three or more grades
from 9 through 12.
In addition, applicants for Priority 2 must:
(1) Not have a voluntary testing component proposed as part of
their program;
(2) provide an assurance that the non-drug-testing schools will not
implement any drug-testing program for the duration of the national
evaluation; and
(3) agree to participate in all data collection activities that the
national evaluation will conduct in all the schools.
At the time of the grant award, the Department of Education's
evaluator will randomly assign the schools either to receive the
intervention (mandatory random drug testing) or not receive the
intervention (no mandatory random drug testing). The evaluator will
collect outcome data for both drug testing and non-drug testing
schools.
Proposed Application Requirements:
We propose the following requirements for applications submitted
under this program:
(1) Applicants may not submit more than one application for a
competition conducted under this program.
(2) Applicants may not have been the recipient or beneficiary of a
prior grant in 2003 under the Department of Education Demonstration
Grants for Student Drug-Testing competition.
(3) Non-LEA applicants must submit a letter of agreement to
participate from an LEA. The letter must be signed by the applicant and
an authorized representative of the LEA. Letters of support are not
acceptable as evidence of the required agreement.
(4) Funds may not be used for the following purposes:
(a) Student drug tests administered under suspicion of drug use;
(b) incentives for students to participate in programs;
(c) drug treatment; or
(d) drug prevention curricula or other prevention programs.
(5) Applicants must:
(a) Identify a target population and demonstrate a significant need
for drug testing within the target population;
(b) explain how the proposed drug-testing program will be part of
an existing, comprehensive drug prevention program in the schools to be
served;
(c) provide a comprehensive plan for referring students who are
identified as drug users through the testing program to a student
assistance program, counseling, or drug treatment if necessary;
(d) provide a plan to ensure the confidentiality of drug testing
results, including a provision that prohibits the party conducting drug
tests from disclosing to school officials any information about a
student's use of legal medications;
(e) limit the cost of site-based evaluations to no more than 10
percent of total funds requested;
(f) provide written assurances of the following:
(i) That results of student drug tests will not be disclosed to law
enforcement officials;
(ii) that results of student drug tests will be destroyed when the
student graduates or otherwise leaves the LEA or private school
involved;
(iii) that all positive drug tests will be reviewed by a certified
medical review officer; and
(iv) that legal counsel has reviewed the proposed program and
advised that the program activities do not appear to violate
established constitutional principles or State and Federal requirements
related to implementing a student drug-testing program.
Proposed Selection Criteria: The Secretary proposes to select from
the following those criteria and factors that will be used to evaluate
applications under any competition conducted under this program.
Note: The maximum score for all of these criteria will be 100
points. We will inform applicants of the points or weights assigned
to each criterion for any future competition in a notice published
in the Federal Register or in the application package for the
competition.
(1) Need for Project.
(a) The documented magnitude of student drug use in schools to be
served by the drug-testing program, including the nature, type, and
frequency, if known, of drugs being used by students in the target
population; and,
(b) Other evidence of student drug use, such as reports from
parents, students, school staff, or law enforcement officials.
(2) Significance.
(a) The extent to which the proposed project includes a thorough,
high-quality review of Federal and State laws and relevant Supreme
Court decisions related to the proposed student drug-testing program;
(b) The extent to which the applicant demonstrates school and
community support for the student drug-testing program and has included
a diversity of perspectives such as those of parents, counselors,
teachers, and school board
[[Page 20742]]
members, in the development of the drug-testing program; and
(c) The importance or magnitude of the results or outcomes likely
to be attained by the student drug-testing program.
(3) Quality of Project Design.
(a) The extent to which the project will be based on up-to-date
knowledge from research and effective practice, including the
methodology for the random selection of students to be tested and
procedures outlining the collection, screening, confirmation, and
review of student drug tests by a certified medical review officer;
(b) The extent to which the applicant identifies the drugs for
which it plans to test and includes a rationale for the type of testing
device it plans to use for each drug test;
(c) The quality of the applicant's plan to develop and implement a
drug-testing program that includes--
(i) Detailed procedures for responding to a positive drug test,
including parental notification and referral to student assistance
programs, drug education, or formal drug treatment, if necessary; and
(ii) Clear consequences for a positive drug test.
(4) Management Plan.
(a) The extent to which the applicant describes appropriate chain-
of-custody procedures for test samples and demonstrates a commitment to
use labs certified by the Substance Abuse and Mental Health Services
Administration (SAMHSA) to process student drug tests.
(b) The quality of the applicant's plan to ensure confidentiality
of drug test results, including limiting the number of school officials
who will have access to student drug-testing records.
(5) Quality of Project Evaluation.
(a) The extent to which the methods of evaluation include the use
of objective performance measures that are clearly related to the
intended outcomes of the project.
(b) The quality of the applicant's plan to collect data on the
Government Performance and Results Act (GPRA) performance measure
established by the Department for this program and to report these data
to the Department.
Note: The Department has established the following GPRA
performance measure for the School-Based Student Drug Testing
program: the reduction of the incidence of drug use in the past
month and past year. The Secretary has set an overall performance
target that calls for the prevalence of drug use by students in the
target population to decline by five percent annually.
Executive Order 12866
This notice of proposed requirements, priorities, and selection
criteria has been reviewed in accordance with Executive Order 12866.
Under the terms of the order, we have assessed the potential costs and
benefits of this regulatory action.
The potential costs associated with the notice of proposed
requirements, priorities, and selection criteria are those we have
determined as necessary for administering this program effectively and
efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this notice of proposed requirements, priorities,
and selection criteria, we have determined that the benefits of the
proposed requirements, priorities, and selection criteria justify the
costs.
We have also determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
Summary of potential costs and benefits: The potential cost
associated with these proposed requirements, priorities, and selection
criteria is minimal while the benefits are significant. Grantees may
anticipate costs related to completing the application process in terms
of staff time, copying, and mailing or delivery.
The primary benefit of these proposed requirements, priorities, and
selection criteria is that grantees may reduce student drug use by
supporting school-based student drug-testing programs.
Intergovernmental Review
This program is subject to Executive Order 12372 and the
regulations in 34 CFR part 79. One of the objectives of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Electronic Access to This Document
You may view this document, as well as all other documents of this
Department published in the Federal Register, in text or Adobe Portable
Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister.
To use PDF, you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO) toll free at 1-888-293-6498; or in the
Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at:
http://www.gpoaccess.gov/nara/index.html.
(Catalog of Federal Domestic Assistance Number 84.184D Office of
Safe and Drug-Free Schools National Programs--Grants for School-
Based Student Drug-Testing Programs)
Program Authority: 20 U.S.C. 7131.
Dated: April 18, 2005.
Deborah A. Price,
Assistant Deputy Secretary for Safe and Drug-Free Schools.
[FR Doc. 05-8039 Filed 4-20-05; 8:45 am]
BILLING CODE 4000-01-P