CHAPTER 244

FORMERLY

HOUSE BILL NO. 514

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SUBSTANCE ABUSE; AND PROVIDING FOR A DELAWARE DRUG-FREE SCHOOL ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Part I, Title 14 of the Delaware Code by adding thereto a new chapter, designated as Chapter 38, which new chapter shall read as follows:

"CHAPTER 38. CONTROLLED SUBSTANCES §3801. Declaration of Purpose

The General Assembly finds and declares that a substantial drug and alcohol trafficking and abuse problem exists in this State among school-age children, in schools and on school campuses, parks and playgrounds. It is the purpose of this Chapter, to support increased efforts by local law enforcement agencies, working in conjunction with school districts and with State and local drug and alcohol prevention agencies, to suppress trafficking; and to prevent drug and alcohol abuse among school-age children in schools and on school campuses, through the development of innovative and model programs jointly undertaken by local law enforcement agencies and school districts. Further, it is the intent of the General Assembly to establish a program of financial and technical assistance for local law enforcement and school districts; and to formulate a joint policy of pursuing both demand reduction (through education and prevention programs), and supply reduction (through law enforcement).

§3802. Definitions:

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a) "Division" shall mean the Division of Alcoholism, Drug Abuse and Mental Health.

(b) "Enhanced apprehension, prevention and education efforts" shall mean projects and programs which do not compete with, but which supplement and improve currently-existing substance abuse prevention and education programs.

(c) "Entity" shall mean any committee, agency or group approved by the Division; any law enforcement committee, agency or group approved by the Department Public Safety; or any committee, agency or group composed of public school teachers and/or administrators.

§3803. Division of Alcoholism, Drug Abuse and Mental Health

(a) The Division of Alcoholism, Drug Abuse and Mental Health shall allocate and award all funds appropriated for any purposes set forth in 531301 and elsewhere in this Chapter. Such funds shall be awarded only to programs or projects, undertaken jointly by a law enforcement entity and a local school district or other public school entity, to prevent and/or suppress substance abuse and the trafficking of prohibited or controlled substances in the public schools. All applications for such funds shall be applications made jointly by the school and law enforcement entitles involved in the proposed project.

(b) In the allocation and awarding of funds to joint law enforcement and public school recipients, the Division shall obtain the comments and recommendations of the State Drug-free School Advisory Committee. All allocation and awarding of funds by the Division shall be in accordance with the Administrative Procedures Act, and with those guidelines promulgated by the State Drug-free School Advisory Committee which do not conflict with existing State laws.

(c) Each application shall be accompanied by a fiscal note, prepared by the joint applicants, which sets forth all anticipated first-year costs and the anticipated total costs of the project or program. The Division may return any application to thp applicant with a request that any or all expenses be more fully set out, together with the applicant's explanations or reasons for each projected cost or expense.

§3804. State-wide Drug-free School Advisory Committee

(a) All criteria for the rating of applications for funds under this Chapter shall be developed by the State Drug-free School Advisory Committee. The State Drug-free School Advisory Committee shall be composed of sixteen members appointed by the Governor: one police chief; one sheriff; one prosecutor from the State Department of Justice who specializes in drug and/or alcohol cases; one attorney primarily engaged in criminal defense; one person from each county appointed by an active parent group or community-based group concerned primarily with drug and/or alcohol problems; one representative of the Division of Alcoholism, Drug Abuse and Mental Health; one county drug and/or alcohol program administrator; and a permanent, full-time member of a drug-treatment clinic or office, public or private. In addition, membership shall include the Attorney General or his designate; four members who are professional employees of the Department of Public Instruction, one of whom shall be the Superintendent of Public Instruction; and a drug and/or alcohol prevention specialist employed by the State School Board of Education or by the Department of Public Instruction. The Committee shall review applications made to the Division for those funds which are awarded pursuant to this Chapter; and shall recommend approval for those applications which the Committee deems appropriate, and which it deems are consistent with the guidelines and procedures established pursuant to this Chapter. The Division shall not approve nor release any funds until approval under §3805 (b) is first obtained.

(b) The State Drug-free School Advisory Committee shall develop specific guidelines and procedures which shall set forth the terms and conditions upon which grants of funds are made. Funds disbursed under this chapter shall not be used for the acquisition of equipment.

(c) Funds disbursed under this chapter shall not be used to pay informants for information on drug and/or alcohol offenders. Not more than ten percent (10%) of the total amount of funds disbursed under this chapter shall be used for administrative costs.

§3805. Local Drug-free School Advisory Committees

(a) A local Drug-free School Advisory Committee may be established and appointed by each local board of education. Such Committee may be either a newly created committee, or an existing local drug and alcohol abuse committee formerly established by the county, municipality or school district. Although the committee may have additional members, its basic membership shall be composed of the following residents of the district or area affected:

(1) One local law enforcement officer;

(2) An administrator or teacher, employed by the local school district, who has expertise in drug and alcohol programs;

(3) One administrator and one teacher from the school or school district which has direct involvement in the program;

(4) One parent who has a son or daughter enrolled in the school;

(5) Three high school students;

(6) One person who is a permanent full-time employee of the state, county or municipality, and whose duties primarily involve drug education or treatment;

(7) Any other person who is involved, by employment or as a volunteer, in any drug and/or alcohol prevention program.

(b) No project or program, financed in whole or in part with funds under this Chapter, shall begin in any school until such project or program has first received the approval of the local Drug-free School Advisory Committee.

§3806. Utilization of Funds

(a) Funds shall be awarded primarily for projects undertaken jointly by the school district or other public school entity, and a law enforcement entity. In participating in any joint application for the funds, the public school entity shall consult with the superintendent of each affected school. Any funds disbursed under this Chapter are supplemental to and shall not supplant local funds which would, in the absence of this Chapter, be otherwise available to suppress and prevent drug and alcohol abuse among school-age children; or which otherwise would be used to curtail drug and alcohol trafficking in and around schools, parks and playgrounds.

(b) When applying for funds under this Chapter, the local law enforcement entity and the public school entity may jointly enter into those agreements between themselves which would allow and facilitate the administrative, fiscal and operational responsibilities created by their joint project or program.

(c) Funds disbursed under the provisions of this Chapter shall be utilized primarily for enhanced apprehension, prevention, and education efforts; and for obtaining material and information resources relating to drug and alcohol abuse and drug trafficking in and around schools, parks and playgrounds. Enhanced apprehension, prevention and education efforts shall include, but are not limited to:

(1) drug and alcohol trafficking intervention programs;

(2) school and classroom oriented programs, each of which shall utilize a tested drug and alcohol education curriculum that provides in-depth and accurate information on drugs and alcohol. Such programs may include the participation of local law enforcement agencies and/or qualified drug and alcohol use prevention specialists. Each such program shall be designed to increase, in both teachers and students, an awareness of the dangers of drugs and alcohol;

(3) family-oriented programs aimed at preventing drug and alcohol abuse, which programs may include the participation of any community-based organization which is experienced in the successful operation of a family-oriented program;

(4) development and distribution of appropriate written and audio-visual aids for the training of persons not otherwise trained or experienced in the handling of drug and alcohol-related problems and offenses within the public schools;

(5) development of prevention and intervention programs for elementary school teachers and students, including utilization of existing prevention and intervention programs, where appropriate;

(6) development of a co-ordinated intervention system that identifies "at-risk" students, and students with chronic drug and alcohol abuse problems.

§3807. State Board of Education; Department of Public Safety

The Department of Public Safety and the State Board of Education shall both have the power to monitor and evaluate the projects and programs under this Chapter, and to make comments and suggestions to the Division."

Section 2. Within one hundred and twenty days from the effective date of this Act, the State Drug-free School Advisory Committee shall prepare and issue administrative guidelines and procedures to be utilized in the awarding of grants under this Chapter. In addition to all other formal requirements related to such guidelines and procedures, a complete and final draft of the guidelines and procedures shall be submitted within ninety days of the effective date of this Act to the Speaker of the House of Representatives and the Chairman of the House Substance Abuse Committee; and a complete and final draft shall be submitted to President pro tempore of the Senate and the Chairman of the Senate Committee to Combat Drug Abuse.

Section 3. On or before the first anniversary from the effective of this Act, the Division of Alcoholism, Drug Abuse and Mental Health shall prepare and submit an evaluation report to the Governor and to the General Assembly, describing in detail all projects and programs funded and initiated under the provisions of this Act during the 1st year. Such report shall also list the total amount of money spent; the amount of money spent for processing and reviewing applications; and the amount of all funds allocated to state and/or local agencies. The Division shall each year thereafter submit an annual evaluation report describing each project and program, and detailing the manner in which funds were expended.

Section 4. The provisions of this Act shall be known as, and may be cited as, The Delaware Drug-free School Act.

Approved June 25, 1990.