[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)]
[Rules and Regulations]
[Pages 66225-66226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31874]
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DEPARTMENT OF EDUCATION
34 CFR Part 86
RIN 1810-AA83
Drug and Alcohol Abuse Prevention
AGENCY: Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary amends the regulations on Drug-Free Schools and
Campuses to incorporate changes made by the Improving America's Schools
Act of 1994. As a result of that legislation, these regulations no
longer apply to State educational agencies (SEAs) and local educational
agencies (LEAs). The Secretary amends the regulations to conform them
to these revised statutory provisions.
EFFECTIVE DATE: These regulations take effect January 16, 1997.
FOR FURTHER INFORMATION CONTACT: William Wooten, U.S. Department of
Education, Office of Elementary and Secondary Education, Room 4000,
Portals Bldg., 600 Independence Avenue, SW, Washington, DC 20202-6123.
Telephone: (202) 260-1922. Individuals who use a telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 1-800-877-8330 between 8 a.m. and 8 p.m., Eastern
time, Monday through Friday.
SUPPLEMENTARY INFORMATION: Provisions in 20 U.S.C. 3224a relating to
certification of drug and alcohol abuse prevention programs by State
and local educational agencies were eliminated by amendments to the
Elementary and Secondary Education Act of 1965 contained in the
Improving America's Schools Act of 1994, Pub. L. 103-382, enacted
October 20, 1994. As a result of this statutory amendment, which became
effective July 1, 1995, State and local educational agencies are no
longer subject to the certification requirements contained in 34 CFR
part 86.
The regulations in part 86 implemented the Drug-Free Schools and
Communities Act requirement for a one-time certification by all SEAs
and LEAs that they had adopted and implemented drug prevention policies
and programs for their students and employees. Virtually all SEAs and
LEAs had submitted the required certification by the time the statute
was reauthorized, and the certification requirement was no longer
needed. Furthermore, by the time the statute was reauthorized as the
Safe and Drug-Free Schools and Communities Act, LEAs were developing
comprehensive, community-wide prevention strategies in addition to
school-based programs, and were beginning to integrate drug prevention
with activities designed to prevent other significant problems such as
youth violence. Consequently, the Safe and Drug-Free Schools and
Communities Act has eliminated the one-time certification requirement
and replaced it with the requirement that LEAs adopt and carry out
comprehensive drug and violence prevention programs designed for all
students and employees. In keeping with this legislative change, the
regulations in part 86 pertaining to SEAs and LEAs are no longer
necessary and are being eliminated.
The regulations are amended in accordance with the President's
Regulatory Reinvention Initiative in order to reflect removal of the
statutory requirement and relieve a burden imposed on State and local
educational agencies. Part 86 is still applicable to institutions of
higher education.
Waiver of Proposed Rulemaking
In accordance with the Administrative Procedure Act (5 U.S.C. 553),
it is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed regulations. However, these
regulations merely reflect statutory changes and do not establish
substantive policy. Therefore, the Secretary has determined, pursuant
to 5 U.S.C. 553(b)(B), that public comment is unnecessary and contrary
to the public interest.
Paperwork Reduction Act of 1980
These regulations have been examined under the Paperwork Reduction
Act of 1980 and have been found to contain no information collection
requirements.
Assessment of Educational Impact
Based on its own review, the Department has determined that the
regulations in this document do not require transmission of information
that is being gathered by or is available from any other agency or
authority of the United States.
List of Subjects in 34 CFR Part 86
Drug abuse, Elementary and secondary education, Grant programs--
education, Postsecondary education.
Dated: December 10, 1996.
Richard W. Riley,
Secretary of Education.
(Catalog of Federal Domestic Assistance numbers do not apply)
The Secretary amends Title 34 of the Code of Federal Regulations by
amending part 86 as follows:
Authority: 20 U.S.C. 1145g, unless otherwise noted.
PART 86--DRUG AND ALCOHOL ABUSE PREVENTION
1. The authority citation for part 86 is revised to read as
follows:
2. The heading of part 86 is revised to read as set forth above.
3. Part 86 is amended by removing ``, SEA, or LEA'' in the
following places:
(a) Sec. 86.2(a) and (b);
(b) Sec. 86.3 heading, (a), and (b);
(c) Sec. 86.5 heading, (a), and (b);
(d) Sec. 86.301 heading, (a) introductory text (twice), (a)(2), (b)
introductory text (twice), (b)(1), and (b)(2)(i)(B);
(e) Sec. 86.302(a) and (b);
(f) Sec. 86.303(a) introductory text, (b) (twice), (c), (d), and
(e) (twice);
(g) Sec. 86.304(a) introductory text, (a)(1), (a)(2)(i), (a)(3)
introductory text (twice), (a)(3)(ii), (b) introductory text, (b)(1),
and (b)(2) introductory text;
(h) Sec. 86.400(a);
(i) Sec. 86.401(d)(1) and (2);
(j) Sec. 86.402(a);
(k) Sec. 86.407(a) and (d);
(l) Sec. 86.408(a)(1)(ii);
(m) Sec. 86.409(c) introductory text and (e)(2);
(n) Sec. 86.410(a)(1) introductory text and (d); and
(o) Sec. 86.411(a)(1), (a)(2), and (b).
4. Part 86 is amended by removing ``, SEA's, or LEA's `` in the
following places:
(a) Sec. 86.301(b)(2)(i)(A); and
(b) Sec. 86.304 heading, (a) introductory text, and (a)(3)(ii).
5. Section 86.1 is revised to read as follows:
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.
[[Page 66226]]
(Authority: 20 U.S.C. 1145g)
6. In Sec. 86.3 paragraphs (a) and (b) are amended by removing
``for IHEs and Secs. 86.200 and 86.201 for SEAs and LEAs''.
7. Section 86.4 is amended by removing ``(a) IHE drug prevention
program certification.'' in paragraph (a) and by removing paragraphs
(b) and (c).
8. Section 86.6 is amended by revising the heading; removing ``,
SEA, or LEA'' both times it appears in paragraph (a), both times it
appears in paragraph (b)(1), and in paragraph (b)(2); and revising
paragraph (b)(3) to read as follows:
Sec. 86.6 When must an IHE submit a drug prevention program
certification?
* * * * *
(b) * * *
(3) An IHE shall submit a request for an extension to the
Secretary.
Sec. 86.7 [Amended]
9. Section 86.7 is amended by removing paragraph (a); redesignating
paragraphs (b) and (c) as paragraphs (a) and (b), respectively; by
removing ``Local educational agency'' and ``State educational agency''
from the list of terms in redesignated paragraph (a); and by removing
``, SEA, or LEA'' both times it appears in the definition of
``Compliance agreement'' in redesignated paragraph (b).
Subpart C--[Removed and Reserved]
10. Subpart C is removed and reserved.
Subpart D--[Amended]
11. The heading of Subpart D is amended by removing ``, SEA, or
LEA''.
Sec. 86.300 [Amended]
12. Section 86.300 is amended by removing ``, SEA, or LEA'' in the
heading, the undesignated introductory text, and paragraph (b)
introductory text; and by removing ``or by an SEA or LEA under
Secs. 86.200(c) and 86.201(a)'' in paragraph (b)(2).
13. The authority citation following each section of the
regulations is revised to read as follows:
(Authority: 20 U.S.C. 1145g)
[FR Doc. 96-31874 Filed 12-16-96; 8:45 am]
BILLING CODE 4000-01-P
