Drug-Free Schools and Communities Act

Federal Drug-Free Schools and Communities Act

View online: ßÙßÇÂþ»­ Annual Notification

The purpose of the Drug and Alcohol Abuse Prevention regulations (34 CFR 86) 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, ßÙßÇÂþ»­ must certify, in writing, to the Secretary of Education that it has adopted and implemented a drug and alcohol prevention program to prevent the unlawful possession, use of, or distribution of illicit drugs and alcohol by students and employees on campus property or as part of any campus activity. This includes, at minimum, the following actions:

  1. Developing a written policy on alcohol and other drugs.
  2. Developing a process that ensures annual policy distribution to all students, staff, and faculty;
  3. Conducting a biennial review by October 1st of even number years to determine program effectiveness, implement any necessary changes, and ensure that the required disciplinary sanctions are consistently enforced.
  4. Retaining records pertaining to its programs for at least three years following the fiscal year in which they are produced. A copy of these records shall be made available, upon request, to the U.S. Secretary of the Department of Education, and the public. 

The campus community, including all students enrolled in any course(s) for which academic credit may be earned, and all employees, must receive written notification annually regarding the drug and alcohol prevention program. At minimum, this notification must include:

  1. Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities;
  2. A description of the applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol;
  3. A description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
  4. A description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students; and
  5. A clear statement that the campus will impose disciplinary sanctions on students and employees (consistent with local, state, and federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution. For the purpose of this section, a disciplinary sanction may include the completion of an appropriate rehabilitation program.

Contact

Questions concerning this notification or the campus alcohol and other drug programs, interventions, and policies may be directed to: