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Drug free Schools and Communities Act

Initiative To Reduce Binge Drinking and Illegal Alcohol Consumption

Summary of Significant Provisions


The act initially provides the Sense of the Congress which

    • Recognizes the need for institutions of higher education to address the culture of alcohol consumption on campuses, and provides guidance for the desired outcome approaches, including:

§         Providing “maximum opportunities for students to live in an alcohol-free environment and to engage in stimulating, alcohol-free recreational and leisure activities”

§         Enforcing “a ‘zero tolerance’ policy on the illegal consumption of alcohol by students at the institution”

§         Vigorously enforcing the institution’s code of disciplinary sanctions for those who violate campus alcohol policies.

    • This provision provides recommended rather than required actions.
    • No sanctions provided for noncompliance.  However, they can be viewed as Congressional intent for the following provisions.

The law then establishes requirements which must be satisfied in order to be eligible to receive funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program.  Central to those requirements are:

    • Establishments of standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs, 
    • A clear statement that the institution will impose sanctions on students and employees (consistent with local, State, and Federal law), and a description of those sanctions,
    • A biennial review by the institution of the institution’s program to
      • Determine the program’s effectiveness and implement changes to the program if the changes are needed; and
      • Ensure that the sanctions required are consistently enforced.
    • The institution must provide a certification of compliance


Section 120(c) authorizes regulations to be established providing a range of sanctions for noncompliance.


Regulation Sec. 86.300 addresses what constitutes a violation as follows:

o       Receiving any form of Federal financial assistance after becoming ineligible to receive that assistance because of failure to submit a certification, or

o       Violating its certification which includes failure to:

§         Adopt or implement its drug prevention program; or

      • Consistently enforce its disciplinary sanctions for violations by students and employees of the standards of conduct

"The institution should provide maximum opportunities for students to live in an alcohol-free environment and to engage in stimulating, alcohol-free recreational and leisure activities."


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Update--Governmental Failure to Enforce Failure to Enforce Federal Law to Protect Students-Confirmed-see IG Report-3/14/12


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