Current Status Introducing Body:Senate Bill Number:61 Primary Sponsor:Rose Committee Number:04 Type of Legislation:GB Subject:Drug-Free Schools Act Residing Body:Senate Current Committee:Education Computer Document Number:61 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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61 Senate Jan 08, 1991 Introduced and read first 04
time, referred to Committee
61 Senate Sep 10, 1990 Prefiled, referred to 04
Committee
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TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING ARTICLE 15 SO AS TO ENACT THE "DRUG-FREE SCHOOLS ACT"; TO PROVIDE THAT WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE STATE DEPARTMENT OF EDUCATION, IN CONSULTATION WITH THE STATE DRUG-FREE SCHOOLS ADVISORY COMMITTEE, SHALL ISSUE ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE DRUG-FREE SCHOOLS PROGRAM; AND TO REQUIRE THE SUBMISSION OF A COMPLETE AND FINAL DRAFT OF THE GUIDELINES AND PROCEDURES, WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ACT, TO THE CHAIRMEN OF THE JUDICIARY COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 53, Title 44 of the 1976 Code is amended by adding:
Section 44-53-1610. This article is known and may be cited as the 'Drug-Free Schools Act'.
Section 44-53-1620. As used in this article, the term 'drugs' includes (1) all controlled substances defined in Section 44-53-110, and (2) alcoholic beverages.
Section 44-53-1630. (A) There is created in the State Department of Education the Drug-Free Schools Program. All funds made available to the State Department of Education for the purposes of this article must be administered and disbursed by the department in consultation with the State Drug-Free Schools Advisory Committee established in this article.
(B) The department, in consultation with the State Advisory Committee, may allocate and award funds to local law enforcement agencies and public schools working jointly to develop drug and alcohol use prevention and drug and alcohol trafficking suppression programs in substantial compliance with the policies and criteria set forth in this article.
(C) The allocation and award of funds must be made upon the joint application by the law-enforcement agency and by the superintendent and board of the school district as co-applicants. The joint application must be submitted for review to the Local Drug-Free Schools Advisory Committee established in this article. After review, the application must be submitted to the department. Funds disbursed under this article may enhance, but may not supplant, local funds that would, in the absence of the Drug-Free Schools Program, be made available to suppress and prevent drug and alcohol use among school-age children and to curtail drug and alcohol trafficking in and near schools, parks, and playgrounds.
(D) The co-applicant local law enforcement agency and the co-applicant school district shall enter into interagency agreements between themselves which allow the management and fiscal tasks created pursuant to this article and assigned to both the law enforcement agency and the school district to be performed by only one of them.
(E) After a full year of program operation, the department shall prepare and submit an annual evaluation report to the General Assembly describing in detail the operation of the program and the results obtained from the program receiving funds under this article. The report also must list the full costs applicable both to the department for processing and reviewing applications and to the state and local agencies for obtaining grants, from any source, to support the program. The purpose of the program evaluation is to identify successful methods of preventing drug and alcohol trafficking and use in schools. Ongoing evaluation findings must be used to replicate proven successful methods and to identify, implement, and refine new methods.
Section 44-53-1640. (A) Law enforcement agencies and school districts receiving funds under this article shall concentrate enhanced apprehension, prevention, and education efforts and resources on drug and alcohol use and drug trafficking in and near schools, parks, and playgrounds. The enhanced apprehension, prevention, and education efforts must include, but are not limited to:
(1) drug and alcohol traffic intervention programs;
(2) school and classroom-oriented programs using tested drug and alcohol education curricula that provide in-depth and accurate information on drugs and alcohol, which may include the participation of local law enforcement agencies and qualified drug and alcohol use prevention specialists and which are designed to increase teachers' and students' awareness of drugs and alcohol and their effects;
(3) family-oriented programs aimed at preventing drug and alcohol use, which may include the participation of community-based organizations experienced in the successful operation of these programs;
(4) the establishment of a Local Drug-Free Schools Advisory Committee. The Local Advisory Committee must be established and appointed by the school trustees of each school district. The Local Advisory Committee may be a newly created committee or an existing local drug and alcohol use committee as designated by the appointing authority. The Local Advisory Committee is composed of, at a minimum, the following:
(a) local and law enforcement executives;
(b) school district executives;
(c) school site staff, which includes administrators, teachers, and credentialed personnel;
(d) parents;
(e) students;
(f) school peace officers;
(g) state, county, and local drug and alcohol program administrators;
(h) drug and alcohol prevention program executives.
The school trustees of the school district shall determine the total number of members who shall serve on the Local Advisory Committee, their terms of office, and the manner for filling vacancies and shall designate the chairman, vice chairman, and any other officers considered necessary. Members of the Local Advisory Committee may not receive any compensation for their service on the committee and may receive no reimbursement for mileage or in the way of subsistence or per diem;
(5) development and distribution of appropriate written and audio-visual aids for training of school and law enforcement staff for handling drug-and-alcohol-related problems and offenses. Appropriate existing aids may be used in lieu of the development of new materials;
(6) development of prevention and intervention programs for elementary school teachers and students, including utilization of existing prevention and intervention programs;
(7) development of a coordinated intervention system that identifies students with chronic drug and alcohol abuse for a treatment program
(B) Enhanced apprehension, prevention, and education efforts commenced under this section must be a joint effort between law enforcement agencies and school districts in cooperation with state and county drug and alcohol program offices. These efforts must include, but are not limited to, the concentration of apprehension efforts in problem areas cooperatively identified by local school and law enforcement authorities.
(C) Funds appropriated by the General Assembly for the administration and enforcement of this article may be used in part to support state-level development and statewide distribution of appropriate written and audio-visual aids for public awareness and training of school and law enforcement staff for handling drug-and-alcohol-related problems and offenses. When existing aids can be identified, these aids may be used in lieu of the development of new aids.
Section 44-53-1650. (A) Criteria for rating the grant applications of cooperating pairs or clusters of law enforcement agencies and school districts to receive Drug-Free Schools Program funding must be developed by the State Drug-Free Schools Advisory Committee.
(B) The State Drug-Free Schools Advisory Committee is composed of one police chief, one sheriff, one solicitor, one attorney primarily engaged in criminal defense, one representative of parent groups or organizations, one representative of the State Department of Youth Services, one county drug and alcohol program administrator, a school peace officer, and a representative of community-based prevention of drug and alcohol use programs, all of whom are appointed by the Governor. In addition, the Attorney General shall designate one member of the State Advisory Committee representing the State Attorney General's Office, and the State Superintendent of Education shall designate four members, one drug and alcohol prevention specialist representing the State Department of Education and three school-site personnel. The Governor shall designate the chairman, and the members shall elect other officers they consider necessary. The term of an officer of the State Advisory Committee is two years, and the term of a member is four years. Officers may be reelected without limitation, and members may be re-appointed without limitation. Vacancies must be filled in the same manner as original appointment. Staff services to the State Advisory Committee must be provided by the State Department of Education. Committee members may not be compensated for their services but are allowed the usual mileage, subsistence, and per diem authorized by law for members of state boards, committees, and commissions. The State Advisory Committee shall review applications for grant awards and recommend approval for those applications which are considered appropriate and are consistent with the guidelines and administrative procedures established pursuant to this section and otherwise by law.
(C) Each State Advisory Committee member must be personally present to cast a vote or to be counted toward a quorum. An appointed member of the State Advisory Committee unable to attend a meeting may designate a representative to attend the meeting on his behalf. This representative must be accorded the privilege to address the State Advisory Committee on a matter under consideration but does not have the right to vote on a motion entertained by the State Advisory Committee.
(D) The State Advisory Committee shall develop specific guidelines and administrative procedures for the Drug-Free Schools Program. These guidelines and administrative procedures must set forth the terms and conditions upon which the State Department of Education is prepared to offer grants of funds pursuant to statutory authority. The guidelines and
administrative procedures do not constitute rules, regulations, orders, or standards of general application.
(E) Administration of the overall program and the evaluation of monitoring of all grants made under this article must be performed by the State Department of Education.
(F) The State Department of Education shall, to the extent possible, coordinate the administration of the Drug-Free Schools Program with those of agencies of the federal government and other states.
(G) Funds disbursed under this article may not be used for the acquisition of equipment.
(H) Funds disbursed under this article may not be used to purchase information on drugs or alcohol.
(I) In order to maximize the use of funds for program support and implementation, local law enforcement agencies and school districts receiving funds under this article may not use Drug-Free Schools Program funds for personnel costs, except where it is demonstrated that personnel costs are essential to the success of the program and that sufficient law enforcement and school personnel are not available to carry out the program; exceptions may be requested through the State Department of Education.
(J) Not more than ten percent of the total amount of funds disbursed under this section may be used for administrative costs."
SECTION 2. Within one hundred twenty days of the effective date of this act, the State Department of Education, in consultation with the State Drug-Free Schools Advisory Committee, shall issue administrative guidelines and procedures for the Drug-Free Schools Program consistent with the provisions of Article 15, Chapter 53, Title 44 of the 1976 Code of Laws. In addition to all other requirements that may apply to the issuance of these guidelines and procedures, a complete and final draft must be submitted within ninety days of the effective date of this act to the chairmen of the Judiciary Committees of the Senate and the House of Representatives.
SECTION 3. Except as otherwise specifically provided in this act, this act takes effect ninety days after approval by the Governor.