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“conservative” politicians.
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Behind closed doors, they
ghostwrite
“model”
bills to
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and Economic
be introduced
in state
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capitols
across the country.
This agenda--underwritten
Education
by global corporations-Energy,
includes
majorEnvironment,
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and Agriculture
loopholes
for big industries
and the
super rich,
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proposals to offshore U.S.
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Human
jobs and
gut and
minimum
wage,Services
and efforts to
weaken public health,
International Relations
safety, and environmental
protections.
Public Although
Safety andmany
Elections
of these
bills have become
law, until now, their origin
Tax and Fiscal Policy
has been largely unknown.
With ALEC
EXPOSED, the
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forInformation
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ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

By the Center for
Media and Democracy
www.prwatch.org

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MODEL LEGISLATION
ALEC INITIATIVES
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Business
has “a VOICE TASK
and aFORCES
VOTE,” according
to newly exposed
documents. DO YOU?

Model Legislation

Public Safety and Elections

Drug-Free Schools Act
Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

This Act would require drug education funds to be funneled through a state drug free
schools advisory committee. Although many states expend significant amounts of their
own money on drug education, most such funds currently expended are federal. The
1986 federal Drug Free Schools and Communities Act established the federal grant
program and mandated that 80 percent of the funds go to each state's department of
education and 20 percent go to each state's governor's office. This Act would require
that state and federal funds be further funneled through a state drug-free schools
advisory committee before reaching the schools.
The state Committee would be composed of a mix of law enforcement personnel, school
officials, treatment officials, and parents. This Act would also provide for the creation of
local drug-free schools committees, which would have the same composition as the state
committee. The local committees would be responsible for approving specific plans
drafted by a team of local law enforcement and school representatives. The state
committee would be responsible for dispensing money to the local committees.

Model Legislation
{Title, enacting clause, etc.}
Section 1. {Title.} This Act shall be known and may be cited as the Drug-Free
Schools Act.

Section 2. {Definitions.} As used in this Act, the term "drugs" includes, but is not
limited to:

(A) All controlled substances defined in [cite state Controlled Substances Act].

Section 3. {Creation of the program.} There is hereby created in the Office of

[insert appropriate office], the Drug-Free Schools Program. All funds made available to
the [Office] for the purposes of this Act shall be administered and disbursed by that
Office in consultation with the state Drug-Free Schools Advisory Committee established
hereafter.
(A) The Office of [insert name], in consultation with the Drug-Free Schools Advisory
Committee, is authorized to 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 herein after.
(B) The allocation and award of funds shall be made upon the joint application by the
chief law enforcement agency's legislative body and the superintendent and board of
the school district co-applicant. The joint application of the law enforcement agency and
the school district shall be submitted for review to the local Drug-Free Schools Advisory
Committee established hereafter. After review, the application shall be submitted to the
Office of [insert name]. Funds disbursed under this Act may enhance but shall 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 around schools, parks, and
playgrounds.
(C) The co-applicant local law enforcement agency and the co-applicant school district
shall enter into interagency agreements between themselves which will allow the
management and fiscal tasks created pursuant to this Act and assigned to both the law
enforcement agency and the school district to be performed by only one of them.
(D) Within 120 days of the effective date of this Act, the Office of [insert name] in
consultation with the state Drug-Free Schools Advisory Committee established hereafter
shall prepare and issue administrative guidelines and procedures for the Drug-Free
Schools Program consistent with this Act. In addition to all other formal requirements
that may apply to the enactment of such guidelines and procedures, a complete and
final draft shall be submitted within 90 days of the effective date of this Act to the state
chairman.
(E) After a full year of program operation, the Office of [insert name] shall prepare and
submit an annual evaluation report to the Legislature describing in detail the operation
of the program and the results obtained from the Drug-Free Schools Program receiving
funds under this Act. The report also shall list the full costs applicable both to the Office
of [insert name] for processing and reviewing applications, and to the state and local

Exposed

By the Center for
Media and Democracy
www.prwatch.org

agencies for obtaining grants, from any source, to support the program. The purpose of
the program evaluation shall be to identify successful methods of preventing drug and
alcohol trafficking and use in schools. Ongoing evaluation findings shall be used to
replicate proven successful methods, and to identify, implement, and refine new
methods.

Section 4. {Responsibilities of local law enforcement agencies and
school districts receiving funds under this Act.} Law enforcement agencies

and school districts receiving funds under this Act shall concentrate enhanced
apprehension, prevention, and education efforts and resources on drug and alcohol use
and drug trafficking in and around schools, parks, and playgrounds.
(A) Such enhanced apprehension, prevention, and education efforts shall include, but
not be limited to:
(1) drug and alcohol traffic intervention programs;
(2) school and classroom-oriented programs, using a tested drug and alcohol education
curriculum that provides 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 is 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 such programs;
(4) the establishment of a local Drug-Free Schools Advisory Committee. The committee
shall be established and appointed by the [insert appropriate authority] of each [insert
jurisdiction]. The committee may be a newly created committee or an existing local drug
and alcohol use committee as designated by the appointing authority. The committee
shall be composed of, at a minimum, the following:
(a) local law enforcement executives;
(b) school district executives;
(c) school site staff, which includes administra-tors, teachers, and credentialed
personnel;
(d) parents;
(e) students;
(f) school peace officers;
(g) state, county, and local drug and alcohol program administrators designated
pursuant to [insert citation from state code]; and
(h) drug and alcohol prevention program executives;
(5) development and distribution of appropriate written and audiovisual 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 problems and treatment programs for such persons.
(B) Enhanced apprehension, prevention, and education efforts commenced under this
Section shall be a joint effort between law enforcement agencies and local school
districts in cooperation with [insert appropriate jurisdiction] drug and alcohol program
offices. These efforts shall 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 pursuant to this Act may be used in part to support state-level
development and statewide distribution of appropriate written and audiovisual aids for
public awareness and training of school and law enforcement staff for handling drugand-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 5. {Criteria for selection; establishment of state Drug-Free
Schools Advisory Committee.} 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 shall be developed by the Drug-Free Schools
Advisory Committee.
(A) The state Drug-Free Schools Advisory Committee shall be composed of one police
chief, one sheriff, one district attorney, one attorney primarily engaged in criminal
defense, one representative of parent groups, one representative of the state
Department of [insert appropriate state department], one county drug and alcohol
program administrator pursuant to [insert citation from state code], a school peace
officer, and representative of community-based drug and alcohol use prevention
programs, all of whom are appointed by the governor. In addition, the attorney general
shall designate one member representing the state Department of Justice, and the
superintendent of public instruction shall designate four members, one drug and alcohol
prevention specialist representing the Department of Education, and three school-site
personnel. Staff services to the committee shall be provided by the Office of [insert

Exposed

By the Center for
Media and Democracy
www.prwatch.org

name]. Committee members shall be reimbursed for actual expenses involved in the
conduct of committee business. The committee shall review applications for grant
awards and shall recommend approval for those applications that are deemed
appropriate and are consistent with the guidelines and administrative procedures
established pursuant to this Section and this Act.
(B) Each state Drug-Free Schools Advisory Committee member shall be personally
present to cast a vote or be counted toward a quorum. An appointed member of the
committee unable to attend any meeting may designate a representative to attend such
meetings on his behalf. Such representative shall be accorded full privilege to address
the committee on any matter under consideration but shall not have the right to vote on
any motions entertained by the committee.
(C) The state Drug-Free Schools Advisory Committee shall develop specific guidelines
and administrative procedures for the Drug-Free Schools Program.
(D) These guidelines and administrative procedures shall set forth the terms and
conditions upon which the Office of [insert name] 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 Act shall be performed by the Office of [insert name].
(F) The Office of [insert name] shall, to the extent possible, coordinate the administration
of the Drug-Free Schools Program with those of other state and federal agencies.
(G) Funds disbursed under this Act shall not be used for the acquisition of equipment.
(H) Funds disbursed under this Act shall not be used to purchase information on drugs
or alcohol.
(I) In the interest of maximizing the use of funds for program support and
implementation, local law enforcement agencies and school districts receiving funds
under this Act are expressly discouraged from using Drug-Free Schools Program funds
for personnel costs. Where it can be 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 to this Section may be requested
through the Office of [insert name].
(J) No more than 10 percent of the total amount of funds disbursed under this Section
shall be used for administrative costs.

Section 6. {Severability clause.}
Section 7. {Repealer clause.}
Section 8. {Effective date}
ALEC's Sourcebook of American State Legislation 1995

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