EDGAR Part 86 (Drug and Alcohol Abuse Prevention)-Subpart A (General)
TITLE 34--EDUCATION
PART 86_DRUG AND ALCOHOL ABUSE PREVENTION
Subpart A_General
Sec.
86.1 What is the purpose of the Drug and Alcohol Abuse Prevention
regulations?
86.2 What Federal programs are covered by this part?
86.3 What actions shall an IHE take to comply with the requirements of
this part?
86.4 What are the procedures for submitting a drug prevention program
certification?
86.5 What are the consequences if an IHE fails to submit a drug
prevention program certification?
86.6 When must an IHE submit a drug prevention program certification?
86.7 What definitions apply to this part?
Subpart B_Institutions of Higher Education
86.100 What must the IHE's drug prevention program include?
86.101 What review of IHE drug prevention programs does the Secretary
conduct?
86.102 What is required of an IHE that the Secretary selects for annual
review?
86.103 What records and information must an IHE make available to the
Secretary and the public concerning its drug prevention
program?
Subpart C [Reserved]
Subpart D_Responses and Sanctions Issued or Imposed by the Secretary for
Violations by an IHE
86.300 What constitutes a violation of this part by an IHE?
86.301 What actions may the Secretary take if an IHE violates this part?
86.302 What are the procedures used by the Secretary for providing
information or technical assistance?
86.303 What are the procedures used by the Secretary for issuing a
response other than the formulation of a compliance agreement
or the provision of information or technical assistance?
86.304 What are the procedures used by the Secretary to demand repayment
of Federal financial assistance or terminate an IHE's
eligibility for any or all forms of Federal financial
assistance?
Subpart E_Appeal Procedures
86.400 What is the scope of this subpart?
86.401 What are the authority and responsibility of the ALJ?
86.402 Who may be a party in a hearing under this subpart?
86.403 May a party be represented by counsel?
86.404 How may a party communicate with an ALJ?
86.405 What are the requirements for filing written submissions?
86.406 What must the ALJ do if the parties enter settlement
negotiations?
86.407 What are the procedures for scheduling a hearing?
86.408 What are the procedures for conducting a pre-hearing conference?
86.409 What are the procedures for conducting a hearing on the record?
86.410 What are the procedures for issuance of a decision?
86.411 What are the procedures for requesting reinstatement of
eligibility?
Authority: 20 U.S.C. 1145g, unless otherwise noted.
Source: 55 FR 33581, Aug. 16, 1990, unless otherwise noted.
Subpart A_General
Sec. 86.1 What is the purpose of the Drug and Alcohol Abuse Prevention
regulations?
The purpose of the Drug and Alcohol Abuse Prevention regulations is
to implement section 22 of the Drug-Free Schools and Communities Act
Amendments of 1989, which added section 1213 to the Higher Education
Act. These amendments require that, as a condition of receiving funds or
any other form of financial assistance under any Federal program, an
institution of higher education (IHE) must certify that it has adopted
and implemented a drug prevention program as described in this part.
(Authority: 20 U.S.C. 1145g)
[61 FR 66225, Dec. 17, 1996]
Sec. 86.2 What Federal programs are covered by this part?
The Federal programs covered by this part include--
(a) All programs administered by the Department of Education under
which an IHE may receive funds or any other form of Federal financial
assistance; and
(b) All programs administered by any other Federal agency under
which an IHE may receive funds or any other form of Federal financial
assistance.
(Authority: 20 U.S.C. 1145g)
[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]
Sec. 86.3 What actions shall an IHE take to comply with the
requirements of this part?
(a) An IHE shall adopt and implement a drug prevention program as
described in Sec. 86.100 to prevent the unlawful possession, use, or
distribution of illicit drugs and alcohol by all students and employees
on school premises or as part of any of its activities.
(b) An IHE shall provide a written certification that it has adopted
and implemented the drug prevention program described in Sec. 86.100.
(Approved by the Office of Management and Budget under control number
1880-0522)
(Authority: 20 U.S.C. 1145g)
[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, 66226, Dec. 17,
1996]
Sec. 86.4 What are the procedures for submitting a drug prevention
program certification?
An IHE shall submit to the Secretary the drug prevention program
certification required by Sec. 86.3(b).
(Approved by the Office of Management and Budget under control number
1880-0522)
(Authority: 20 U.S.C. 1145g)
[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66226, Dec. 17, 1996]
Sec. 86.5 What are the consequences if an IHE fails to submit a drug
prevention program certification?
(a) An IHE that fails to submit a drug prevention program
certification is not eligible to receive funds or any other form of
financial assistance under any Federal program.
(b) The effect of loss of eligibility to receive funds or any other
form of Federal financial assistance is determined by the statute and
regulations governing the Federal programs under which an IHE receives
or desires to receive assistance.
(Authority: 20 U.S.C. 1145g)
[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]
Sec. 86.6 When must an IHE submit a drug prevention program
certification?
(a) After October 1, 1990, except as provided in paragraph (b) of
this section, an IHE is not eligible to receive funds or any other form
of financial assistance under any Federal program until the IHE has
submitted a drug prevention program certification.
(b)(1) The Secretary may allow an IHE until not later than April 1,
1991, to submit the drug prevention program certification, only if the
IHE establishes that it has a need, other than administrative
convenience, for more time to adopt and implement its drug prevention
program.
(2) An IHE that wants to receive an extension of time to submit its
drug prevention program certification shall submit a written
justification to the Secretary that--
(i) Describes each part of its drug prevention program, whether in
effect or planned;
(ii) Provides a schedule to complete and implement its drug
prevention program; and
(iii) Explains why it has a need, other than administrative
convenience, for more time to adopt and implement its drug prevention
program.
(3) An IHE shall submit a request for an extension to the Secretary.
(Approved by the Office of Management and Budget under control number
1880-0522)
(Authority: 20 U.S.C. 1145g)
[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66226, Dec. 17, 1996]
Sec. 86.7 What definitions apply to this part?
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR part 77:
Department
EDGAR
Secretary
(b) Other definitions. The following terms used in this part are
defined as follows:
Compliance agreement means an agreement between the Secretary and an
IHE that is not in full compliance with its drug prevention program
certification. The agreement specifies the steps the IHE will take to
comply fully with its drug prevention program certification, and
provides a schedule for the accomplishment of those steps. A compliance
agreement does not excuse or remedy past violations of this part.
Institution of higher education means--
(1) An institution of higher education, as defined in 34 CFR 600.4;
(2) A proprietary institution of higher education, as defined in 34
CFR 600.5;
(3) A postsecondary vocational institution, as defined in 34 CFR
600.6; and
(4) A vocational school, as defined in 34 CFR 600.7.
(Authority: 20 U.S.C. 1145g)
[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66226, Dec. 17, 1996]
EDGAR version June 23, 2005
