Laws & Guidance ELEMENTARY & SECONDARY EDUCATION
Subpart 2 — National Programs

SEC. 4121. FEDERAL ACTIVITIES.

    (a) PROGRAM AUTHORIZED- From funds made available to carry out this subpart under section 4003(2), the Secretary, in consultation with the Secretary of Health and Human Services, the Director of the Office of National Drug Control Policy, and the Attorney General, shall carry out programs to prevent the illegal use of drugs and violence among, and promote safety and discipline for, students. The Secretary shall carry out such programs directly, or through grants, contracts, or cooperative agreements with public and private entities and individuals, or through agreements with other Federal agencies, and shall coordinate such programs with other appropriate Federal activities. Such programs may include —

      (1) the development and demonstration of innovative strategies for the training of school personnel, parents, and members of the community for drug and violence prevention activities based on State and local needs;

      (2) the development, demonstration, scientifically based evaluation, and dissemination of innovative and high quality drug and violence prevention programs and activities, based on State and local needs, which may include —

        (A) alternative education models, either established within a school or separate and apart from an existing school, that are designed to promote drug and violence prevention, reduce disruptive behavior, reduce the need for repeat suspensions and expulsions, enable students to meet challenging State academic standards, and enable students to return to the regular classroom as soon as possible;

        (B) community service and service-learning projects, designed to rebuild safe and healthy neighborhoods and increase students' sense of individual responsibility;

        (C) video-based projects developed by noncommercial telecommunications entities that provide young people with models for conflict resolution and responsible decisionmaking; and

        (D) child abuse education and prevention programs for elementary and secondary students;

      (3) the provision of information on drug abuse education and prevention to the Secretary of Health and Human Services for dissemination;

      (4) the provision of information on violence prevention and education and school safety to the Department of Justice for dissemination;

      (5) technical assistance to chief executive officers, State agencies, local educational agencies, and other recipients of funding under this part to build capacity to develop and implement high-quality, effective drug and violence prevention programs consistent with the principles of effectiveness in section 4115(a);

      (6) assistance to school systems that have particularly severe drug and violence problems, including hiring drug prevention and school safety coordinators, or assistance to support appropriate response efforts to crisis situations;

      (7) the development of education and training programs, curricula, instructional materials, and professional training and development for preventing and reducing the incidence of crimes and conflicts motivated by hate in localities most directly affected by hate crimes;

      (8) activities in communities designated as empowerment zones or enterprise communities that will connect schools to community-wide efforts to reduce drug and violence problems; and

      (9) other activities in accordance with the purpose of this part, based on State and local needs.

    (b) PEER REVIEW- The Secretary shall use a peer review process in reviewing applications for funds under this section.

SEC. 4122. IMPACT EVALUATION.

    (a) BIENNIAL EVALUATION- The Secretary, in consultation with the Safe and Drug-Free Schools and Communities Advisory Committee described in section 4124, shall conduct an independent biennial evaluation of the impact of programs assisted under this subpart and of other recent and new initiatives to combat violence and illegal drug use in schools. The evaluation shall report on whether community and local educational agency programs funded under this subpart —

      (1) comply with the principles of effectiveness described in section 4115(a);

      (2) have appreciably reduced the level of illegal drug, alcohol, and tobacco use, and school violence and the illegal presence of weapons at schools; and

      (3) have conducted effective parent involvement and training programs.

    (b) DATA COLLECTION- The National Center for Education Statistics shall collect data, that is subject to independent review, to determine the incidence and prevalence of illegal drug use and violence in elementary schools and secondary schools in the States. The collected data shall include incident reports by schools officials, anonymous student surveys, and anonymous teacher surveys.

    (c) BIENNIAL REPORT- Not later than January 1, 2003, and every 2 years thereafter, the Secretary shall submit to the President and Congress a report on the findings of the evaluation conducted under subsection (a) together with the data collected under subsection (b) and data available from other sources on the incidence and prevalence, age of onset, perception of health risk, and perception of social disapproval of drug use and violence in elementary schools and secondary schools in the States. The Secretary shall include data submitted by the States pursuant to subsection 4116(a).

SEC. 4123. HATE CRIME PREVENTION.

    (a) GRANT AUTHORIZATION- From funds made available to carry out this subpart under section 4003(2) the Secretary may make grants to local educational agencies and community-based organizations for the purpose of providing assistance to localities most directly affected by hate crimes.

    (b) USE OF FUNDS-

      (1) PROGRAM DEVELOPMENT- Grants under this section may be used to improve elementary and secondary educational efforts, including —

        (A) development of education and training programs designed to prevent and to reduce the incidence of crimes and conflicts motivated by hate;

        (B) development of curricula for the purpose of improving conflict or dispute resolution skills of students, teachers, and administrators;

        (C) development and acquisition of equipment and instructional materials to meet the needs of, or otherwise be part of, hate crime or conflict programs; and

        (D) professional training and development for teachers and administrators on the causes, effects, and resolutions of hate crimes or hate-based conflicts.

      (2) APPLICATION- In order to be eligible to receive a grant under this section for any fiscal year, a local educational agency, or a local educational agency in conjunction with a community-based organization, shall submit an application to the Secretary in such form and containing such information as the Secretary may reasonably require.

      (3) REQUIREMENTS- Each application under paragraph (2) shall include —

        (A) a request for funds for the purpose described in this section;

        (B) a description of the schools and communities to be served by the grants; and

        (C) assurances that Federal funds received under this section shall be used to supplement, and not supplant, non-Federal funds.

      (4) COMPREHENSIVE PLAN- Each application shall include a comprehensive plan that contains —

        (A) a description of the hate crime or conflict problems within the schools or the community targeted for assistance;

        (B) a description of the program to be developed or augmented by such Federal and matching funds;

        (C) assurances that such program or activity shall be administered by or under the supervision of the applicant;

        (D) procedures for the proper and efficient administration of such program; and

        (E) fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this section.

    (c) AWARD OF GRANTS-

      (1) SELECTION OF RECIPIENTS- The Secretary shall consider the incidence of crimes and conflicts motivated by bias in the targeted schools and communities in awarding grants under this section.

      (2) GEOGRAPHIC DISTRIBUTION- The Secretary shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards.

      (3) DISSEMINATION OF INFORMATION- The Secretary shall attempt, to the extent practicable, to make available information regarding successful hate crime prevention programs, including programs established or expanded with grants under this section.

    (d) REPORTS- The Secretary shall submit to Congress a report every 2 years that shall contain a detailed statement regarding grants and awards, activities of grant recipients, and an evaluation of programs established under this section.

SEC. 4124. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ADVISORY COMMITTEE.

    (a) ESTABLISHMENT-

      (1) IN GENERAL- There is hereby established an advisory committee to be known as the Safe and Drug Free Schools and Communities Advisory Committee' (referred to in this section as the Advisory Committee') to —

        (A) consult with the Secretary under subsection (b);

        (B) coordinate Federal school- and community-based substance abuse and violence prevention programs and reduce duplicative research or services;

        (C) develop core data sets and evaluation protocols for safe and drug-free school- and community-based programs;

        (D) provide technical assistance and training for safe and drug-free school- and community-based programs;

        (E) provide for the diffusion of scientifically based research to safe and drug-free school- and community-based programs; and

        (F) review other regulations and standards developed under this title.

      (2) COMPOSITION- The Advisory Committee shall be composed of representatives from —

        (A) the Department of Education;

        (B) the Centers for Disease Control and Prevention;

        (C) the National Institute on Drug Abuse;

        (D) the National Institute on Alcoholism and Alcohol Abuse;

        (E) the Center for Substance Abuse Prevention;

        (F) the Center for Mental Health Services;

        (G) the Office of Juvenile Justice and Delinquency Prevention;

        (H) the Office of National Drug Control Policy;

        (I) State and local governments, including education agencies; and

        (J) researchers and expert practitioners.

      (3) CONSULTATION- In carrying out its duties under this section, the Advisory Committee shall annually consult with interested State and local coordinators of school- and community-based substance abuse and violence prevention programs and other interested groups.

    (b) PROGRAMS-

      (1) IN GENERAL- From amounts made available under section 4003(2) to carry out this subpart, the Secretary, in consultation with the Advisory Committee, shall carry out scientifically based research programs to strengthen the accountability and effectiveness of the State, chief executive officer's, and national programs under this part.

      (2) GRANTS, CONTRACTS OR COOPERATIVE AGREEMENTS- The Secretary shall carry out paragraph (1) directly or through grants, contracts, or cooperative agreements with public and private entities and individuals or through agreements with other Federal agencies.

      (3) COORDINATION- The Secretary shall coordinate programs under this section with other appropriate Federal activities.

      (4) ACTIVITIES- Activities that may be carried out under programs funded under this section may include —

        (A) the provision of technical assistance and training, in collaboration with other Federal agencies utilizing their expertise and national and regional training systems, for Governors, State educational agencies and local educational agencies to support high quality, effective programs that —

          (i) provide a thorough assessment of the substance abuse and violence problem;

          (ii) utilize objective data and the knowledge of a wide range of community members;

          (iii) develop measurable goals and objectives; and

          (iv) implement scientifically based research activities that have been shown to be effective and that meet identified needs;

        (B) the provision of technical assistance and training to foster program accountability;

        (C) the diffusion and dissemination of best practices and programs;

        (D) the development of core data sets and evaluation tools;

        (E) program evaluations;

        (F) the provision of information on drug abuse education and prevention to the Secretary of Health and Human Services for dissemination by the clearinghouse for alcohol and drug abuse information established under section 501(d)(16) of the Public Health Service Act; and

        (G) other activities that meet unmet needs related to the purpose of this part and that are undertaken in consultation with the Advisory Committee.

SEC. 4125. NATIONAL COORDINATOR PROGRAM.

    (a) IN GENERAL- From funds made available to carry out this subpart under section 4003(2), the Secretary may provide for the establishment of a National Coordinator Program under which the Secretary shall award grants to local educational agencies for the hiring of drug prevention and school safety program coordinators.

    (b) USE OF FUNDS- Amounts received under a grant under subsection (a) shall be used by local educational agencies to recruit, hire, and train individuals to serve as drug prevention and school safety program coordinators in schools with significant drug and school safety problems. Such coordinators shall be responsible for developing, conducting, and analyzing assessments of drug and crime problems at their schools, and administering the safe and drug-free grant program at such schools.

SEC. 4126. COMMUNITY SERVICE GRANT PROGRAM.

    (a) IN GENERAL- From funds made available to carry out this subpart under section 4003(2), the Secretary may make grants to States to carry out programs under which students expelled or suspended from school are required to perform community service.

    (b) ALLOCATION- From the amount described in subsection (a), the Secretary shall allocate among the States —

      (1) one-half according to the ratio between the school-aged population of each State and the school-aged population of all the States; and

      (2) one-half according to the ratio between the amount each State received under section 1124A for the preceding year and the sum of such amounts received by all the States.

    (c) MINIMUM- For any fiscal year, no State shall be allotted under this section an amount that is less than one-half of 1 percent of the total amount allotted to all the States under this section.

    (d) REALLOTMENT- The Secretary may reallot any amount of any allotment to a State if the Secretary determines that the State will be unable to use such amount within 2 years of such allotment. Such reallotments shall be made on the same basis as allotments are made under subsection (b).

    (e) DEFINITION- In this section, the term State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

SEC. 4127. SCHOOL SECURITY TECHNOLOGY AND RESOURCE CENTER.

    (a) CENTER- From funds made available to carry out this subpart under section 4003(2), the Secretary, the Attorney General, and the Secretary of Energy may enter into an agreement for the establishment at the Sandia National Laboratories, in partnership with the National Law Enforcement and Corrections Technology Center — Southeast and the National Center for Rural Law Enforcement in Little Rock, Arkansas, of a center to be known as the School Security Technology and Resource Center' (hereafter in this section the Center').

    (b) ADMINISTRATION- The Center established under subsection (a) shall be administered by the Attorney General.

    (c) FUNCTIONS- The center established under subsection (a) shall be a resource to local educational agencies for school security assessments, security technology development, evaluation and implementation, and technical assistance relating to improving school security. The Center will also conduct and publish school violence research, coalesce data from victim communities, and monitor and report on schools that implement school security strategies.

SEC. 4128. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY.

    (a) ESTABLISHMENT- From funds made available to carry out this subpart under section 4003(2), the Secretary of Education and the Attorney General may jointly establish a National Center for School and Youth Safety (in this section referred to as the Center'). The Secretary of Education and the Attorney General may establish the Center at an existing facility, if the facility has a history of performing two or more of the duties described in subsection (b). The Secretary of Education and the Attorney General shall jointly appoint a Director of the Center to oversee the operation of the Center.

    (b) DUTIES- The Center shall carry out emergency response, anonymous student hotline, consultation, and information and outreach activities with respect to elementary and secondary school safety, including the following:

      (1) EMERGENCY RESPONSE- The staff of the Center, and such temporary contract employees as the Director of the Center shall determine necessary, shall offer emergency assistance to local communities to respond to school safety crises. Such assistance shall include counseling for victims and the community, assistance to law enforcement to address short-term security concerns, and advice on how to enhance school safety, prevent future incidents, and respond to future incidents.

      (2) ANONYMOUS STUDENT HOTLINE- The Center shall establish a toll-free telephone number for students to report criminal activity, threats of criminal activity, and other high-risk behaviors such as substance abuse, gang or cult affiliation, depression, or other warning signs of potentially violent behavior. The Center shall relay the reports, without attribution, to local law enforcement or appropriate school hotlines. The Director of the Center shall work with the Attorney General to establish guidelines for Center staff to work with law enforcement around the Nation to relay information reported through the hotline.

      (3) CONSULTATION- The Center shall establish a toll-free number for the public to contact staff of the Center for consultation regarding school safety. The Director of the Center shall hire administrative staff and individuals with expertise in enhancing school safety, including individuals with backgrounds in counseling and psychology, education, law enforcement and criminal justice, and community development to assist in the consultation.

      (4) INFORMATION AND OUTREACH- The Center shall compile information about the best practices in school violence prevention, intervention, and crisis management, and shall serve as a clearinghouse for model school safety program information. The staff of the Center shall work to ensure local governments, school officials, parents, students, and law enforcement officials and agencies are aware of the resources, grants, and expertise available to enhance school safety and prevent school crime. The staff of the Center shall give special attention to providing outreach to rural and impoverished communities.

SEC. 4129. GRANTS TO REDUCE ALCOHOL ABUSE.

    (a) IN GENERAL- The Secretary, in consultation with the Administrator of the Substance Abuse and Mental Health Services Administration, may award grants from funds made available to carry out this subpart under section 4003(2), on a competitive basis, to local educational agencies to enable such agencies to develop and implement innovative and effective programs to reduce alcohol abuse in secondary schools.

    (b) ELIGIBILITY- To be eligible to receive a grant under subsection (a), a local educational agency shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including —

      (1) a description of the activities to be carried out under the grant;

      (2) an assurance that such activities will include one or more of the proven strategies for reducing underage alcohol abuse as determined by the Substance Abuse and Mental Health Services Administration;

      (3) an explanation of how activities to be carried out under the grant that are not described in paragraph (2) will be effective in reducing underage alcohol abuse, including references to the past effectiveness of such activities;

      (4) an assurance that the applicant will submit to the Secretary an annual report concerning the effectiveness of the programs and activities funded under the grant; and

      (5) such other information as the Secretary determines appropriate.

    (c) STREAMLINING OF PROCESS FOR LOW-INCOME AND RURAL LEAS- The Secretary, in consultation with the Administrator of the Substance Abuse and Mental Health Services Administration, shall develop procedures to make the application process for grants under this section more user-friendly, particularly for low-income and rural local educational agencies.

    (d) RESERVATIONS-

      (1) SAMHSA- The Secretary may reserve 20 percent of any amount used to carry out this section to enable the Administrator of the Substance Abuse and Mental Health Services Administration to provide alcohol abuse resources and start-up assistance to local educational agencies receiving grants under this section.

      (2) LOW-INCOME AND RURAL AREAS- The Secretary may reserve 25 percent of any amount used to carry out this section to award grants to low-income and rural local educational agencies.

SEC. 4130. MENTORING PROGRAMS.

    (a) PURPOSE; DEFINITIONS-

      (1) PURPOSE- The purpose of this section is to make assistance available to promote mentoring programs for children with greatest need —

        (A) to assist such children in receiving support and guidance from a mentor;

        (B) to improve the academic achievement of such children;

        (C) to improve interpersonal relationships between such children and their peers, teachers, other adults, and family members;

        (D) to reduce the dropout rate of such children; and

        (E) to reduce juvenile delinquency and involvement in gangs by such children.

      (2) DEFINITIONS- In this part:

        (A) CHILD WITH GREATEST NEED- The term child with greatest need' means a child who is at risk of educational failure, dropping out of school, or involvement in criminal or delinquent activities, or who lacks strong positive role models.

        (B) ELIGIBLE ENTITY- The term eligible entity' means —

          (i) a local educational agency;

          (ii) a nonprofit, community-based organization; or

          (iii) a partnership between a local educational agency and a nonprofit, community-based organization.

        (C) MENTOR- The term mentor' means a responsible adult, a postsecondary school student, or a secondary school student who works with a child —

          (i) to provide a positive role model for the child;

          (ii) to establish a supportive relationship with the child; and

          (iii) to provide the child with academic assistance and exposure to new experiences and examples of opportunity that enhance the ability of the child to become a responsible adult.

        (D) STATE- The term State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

    (b) GRANT PROGRAM-

      (1) IN GENERAL- The Secretary may award grants from funds made available to carry out this subpart under section 4003(2) to eligible entities to assist such entities in establishing and supporting mentoring programs and activities for children with greatest need that —

        (A) are designed to link such children (particularly children living in rural areas, high-crime areas, or troubled home environments, or children experiencing educational failure) with mentors who —

          (i) have received training and support in mentoring;

          (ii) have been screened using appropriate reference checks, child and domestic abuse record checks, and criminal background checks; and

          (iii) are interested in working with children with greatest need; and

        (B) are intended to achieve one or more of the following goals with respect to children with greatest need:

          (i) Provide general guidance.

          (ii) Promote personal and social responsibility.

          (iii) Increase participation in, and enhance the ability to benefit from, elementary and secondary education.

          (iv) Discourage illegal use of drugs and alcohol, violence, use of dangerous weapons, promiscuous behavior, and other criminal, harmful, or potentially harmful activity.

          (v) Encourage participation in community service and community activities.

          (vi) Encourage setting goals and planning for the future, including encouragement of graduation from secondary school and planning for postsecondary education or training.

          (viii) Discourage involvement in gangs.

      (2) USE OF FUNDS-

        (A) IN GENERAL- Each eligible entity awarded a grant under this subsection shall use the grant funds for activities that establish or implement a mentoring program, that may include —

          (i) hiring of mentoring coordinators and support staff;

          (ii) providing for the professional development of mentoring coordinators and support staff;

          (iii) recruitment, screening, and training of mentors;

          (iv) reimbursement to schools, if appropriate, for the use of school materials or supplies in carrying out the mentoring program;

          (v) dissemination of outreach materials;

          (vi) evaluation of the mentoring program using scientifically based methods; and

          (vii) such other activities as the Secretary may reasonably prescribe by rule.

        (B) PROHIBITED USES- Notwithstanding subparagraph (A), an eligible entity awarded a grant under this section may not use the grant funds —

          (i) to directly compensate mentors;

          (ii) to obtain educational or other materials or equipment that would otherwise be used in the ordinary course of the eligible entity's operations;

          (iii) to support litigation of any kind; or

          (iv) for any other purpose reasonably prohibited by the Secretary by rule.

      (3) AVAILABILITY OF FUNDS- Funds made available through a grant under this section shall be available for obligation for a period not to exceed 3 years.

      (4) APPLICATION- Each eligible entity seeking a grant under this section shall submit to the Secretary an application that includes —

        (A) a description of the plan for the mentoring program the eligible entity proposes to carry out with such grant;

        (B) information on the children expected to be served by the mentoring program for which such grant is sought;

        (C) a description of the mechanism the eligible entity will use to match children with mentors based on the needs of the children;

        (D) an assurance that no mentor will be assigned to mentor so many children that the assignment will undermine the mentor's ability to be an effective mentor or the mentor's ability to establish a close relationship (a one-to-one relationship, where practicable) with each mentored child;

        (E) an assurance that the mentoring program will provide children with a variety of experiences and support, including —

          (i) emotional support;

          (ii) academic assistance; and

          (iii) exposure to experiences that the children might not otherwise encounter on their own;

        (F) an assurance that the mentoring program will be monitored to ensure that each child assigned a mentor benefits from that assignment and that the child will be assigned a new mentor if the relationship between the original mentor and the child is not beneficial to the child;

        (G) information regarding how mentors and children will be recruited to the mentoring program;

        (H) information regarding how prospective mentors will be screened;

        (I) information on the training that will be provided to mentors; and

        (J) information on the system that the eligible entity will use to manage and monitor information relating to the mentoring program's —

          (i) reference checks;

          (ii) child and domestic abuse record checks;

          (iii) criminal background checks; and

          (iv) procedure for matching children with mentors.

      (5) SELECTION-

        (A) COMPETITIVE BASIS- In accordance with this subsection, the Secretary shall award grants to eligible entities on a competitive basis.

        (B) PRIORITY- In awarding grants under subparagraph (A), the Secretary shall give priority to each eligible entity that —

          (i) serves children with greatest need living in rural areas, high-crime areas, or troubled home environments, or who attend schools with violence problems;

          (ii) provides high quality background screening of mentors, training of mentors, and technical assistance in carrying out mentoring programs; or

          (iii) proposes a school-based mentoring program.

        (C) OTHER CONSIDERATIONS- In awarding grants under subparagraph (A), the Secretary shall also consider —

          (i) the degree to which the location of the mentoring program proposed by each eligible entity contributes to a fair distribution of mentoring programs with respect to urban and rural locations;

          (ii) the quality of the mentoring program proposed by each eligible entity, including —

            (I) the resources, if any, the eligible entity will dedicate to providing children with opportunities for job training or postsecondary education;

            (II) the degree to which parents, teachers, community-based organizations, and the local community have participated, or will participate, in the design and implementation of the proposed mentoring program;

            (III) the degree to which the eligible entity can ensure that mentors will develop longstanding relationships with the children they mentor;

            (IV) the degree to which the mentoring program will serve children with greatest need in the 4th through 8th grades; and

            (V) the degree to which the mentoring program will continue to serve children from the 9th grade through graduation from secondary school, as needed; and

          (iii) the capability of each eligible entity to effectively implement its mentoring program.

        (D) GRANT TO EACH STATE- Notwithstanding any other provision of this subsection, in awarding grants under subparagraph (A), the Secretary shall select not less than one grant recipient from each State for which there is an eligible entity that submits an application of sufficient quality pursuant to paragraph (4).

      (6) MODEL SCREENING GUIDELINES-

        (A) IN GENERAL- Based on model screening guidelines developed by the Office of Juvenile Programs of the Department of Justice, the Secretary shall develop and distribute to each eligible entity awarded a grant under this section specific model guidelines for the screening of mentors who seek to participate in mentoring programs assisted under this section.

        (B) BACKGROUND CHECKS- The guidelines developed under this subsection shall include, at a minimum, a requirement that potential mentors be subject to reference checks, child and domestic abuse record checks, and criminal background checks.


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Last Modified: 09/15/2004