Transcript The Drug-Free Schools and Communities Act: A Friendly Reminder

The Drug-Free Schools &
Communities Act:
A Friendly Reminder
Bradley D. Custer, MA
Coordinator, Code of Conduct
Moraine Valley Community College
Purpose
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Why are you here?
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OMG what is DFSCA?
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Refresher course
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Experts
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Community colleges/ commuter campuses
Why DFSCA Now?
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Law has not changed
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New federal interest
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Share what I’ve learned*
ACPA 2015 * B. Custer
Overview
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The Law
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History
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Guidance Documents
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Legal Mandates
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Learn where to find primary sources on DFSCA and compliance
Learn the details of the federal law, the three key mandates, and penalties
Compliance
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Moraine Valley Community College Experience
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Strategies for Compliance
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Learn how one community college made changes in a 2-year period to improve compliance
Learn how to gradually improve quality of AOD program, notification, and biennial review
Resources
ACPA 2015 * B. Custer
History
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War on Drugs: 1970s-1980s
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Nixon: Comprehensive Drug Abuse Prevention and Control Act of 1970
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Drug-Free Workplace Act of 1988
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Drug-Free Schools and Communities Act of 1989
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Safe and Drug-Free Schools and Communities Act of 1994
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Elementary and Secondary Education Act of 1965
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No Child Left Behind Act 2001
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Drug-Free Schools and Communities Act
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Passed Congress in 1986
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Bush: “Drug-Free Schools and Communities Act of 1989”
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Amended Higher Education Act of 1965
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Public Law 101-226
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34 CFR Part 86 – “Part 86”
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Education Department General Administration Regulations “EDGAR” Part 86
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Federal Register/ Regulations: “Drug-Free Schools and Campuses Regulations”
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Guidance Documents
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1990 Federal Register
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1992 Handbook – Palmer and Gehring
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1997/2006 Handbook – Higher Education Center and DeRicco*
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2011 DCL – US DoE and National Drug Control Policy Office
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Enhanced monitoring of IHE compliance with the requirements of 34 CFR Part 86
2012 Inspector General Report
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DOE OPE performed no oversight activities of IHE drug and alcohol abuse prevention
programs from 1998 to June 2010.
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FSA’s oversight process provides no assurance that IHEs are in compliance with Part 86
2012 NACUA Notes
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Legal Mandates: The Big Three
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§86.100
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Deliver Annual Notification
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Implement AOD Prevention Program
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Perform Biennial Review
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Annual Notification
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§86.100(a) The annual distribution in writing to each employee, and to each
student who is taking one or more classes for any type of academic credit
except for continuing education units, regardless of the length of the
student's program of study, of—
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Contents:
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Standards of conduct (policies)
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Legal sanctions
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Health risks of drug use
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AOD counseling or treatment programs
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Promise to impose disciplinary sanctions
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Annual Notification
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Delivery
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Handbooks/Catalogs/Website – insufficient
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US Mail vs. Email
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Insert with other college mailings/handouts
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Multiple methods - best
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“Annual” – community college challenge
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“…provide reasonable assurance to the DOE (if audited) that this method of
dissemination ensures distribution to all students and employees.”
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DFSCA Annual Notification: IHEC Template
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AOD Prevention Program
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§86.3
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(a) An IHE shall adopt and implement a drug prevention program as described
in §86.100 to prevent the unlawful possession, use, or distribution of illicit
drugs and alcohol by all students and employees on school premises or as part
of any of its activities.
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Biennial Review
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(1) Determine [the AOD program’s] effectiveness and implement changes to
the program if they are needed; and
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(2) Ensure that the disciplinary sanctions described in paragraph (a)(5) of this
section are consistently enforced.
ASSESSMENT
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Biennial Review
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Contents:
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Data
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AOD-related offenses/violations/sanctions (employee & student discipline)
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AOD referrals to counseling/EAP
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AOD use data
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Attitudes and perceptions data
Description of AOD programs
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Program inventory (SWOT)
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Assessment data (learning & behavioral outcomes)
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AOD policy inventory
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Procedures for distributing annual notice
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Analysis (The Review)
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Goal achievement/ program effectiveness
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Recommendations/ new goals
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Biennial Review
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Format: Inventory vs. Report
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Biennial Review Format and Contents: IHEC Template
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Law effective date: October 1, 1990
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First biennial review: Completed by October 1, 1992
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Example: Fall 2012-Summer 2014, completed review by October 2014
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§86.103
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(a) Each IHE … shall, upon request, make available to the Secretary and the public
a copy of each item required by §86.100(a) as well as the results of the biennial
review…
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b)(1) An IHE shall retain the following records for three years after the fiscal year
in which the record was created…
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Certification
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§86.3
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(b) An IHE shall provide a written certification that it has adopted and
implemented the drug prevention program described in §86.100.
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“Reps and Certs” – grant/contract application
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Federal Enforcement
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§86.300
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An IHE violates this part by –
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(b) Violating its certification. Violation of a certification includes failure of an IHE
to—
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(1) Adopt or implement its drug prevention program; or
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(2) Consistently enforce its disciplinary sanctions for violations by students and
employees of the standards of conduct adopted by an IHE under §86.100(a)(1).
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Federal Enforcement
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§86.301
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Provide information/ technical assistance
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Compliance agreement
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(1) Repayment of any or all forms of Federal financial assistance received by the
IHE when it was in violation of this part; and
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(2) The termination of any or all forms of Federal financial assistance…
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(B) Prohibits an IHE from making any new obligations against Federal funds; and
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(ii) For purposes of an IHE's participation in the student financial assistance
programs authorized by title IV of the Higher Education Act of 1965 as amended,
has the same effect as a termination under 34 CFR 668.94.
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Questions?
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The law
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History
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Guidance documents
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DFSCA
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AOD Program
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Annual Notice
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Biennial Review
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Moraine Valley Community College
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Southwest Chicagoland
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15,000 students
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Few alcohol/drug student conduct cases
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Limited AOD programs
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No AOD coordinator/ health educator
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AOD Taskforce
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January 2013 – Financial Aid Audit
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Requested DFSCA Biennial Review
Compliance conversations: FERPA, Clery, DFSCA, ADA, etc.
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Steps to Compliance
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DFSCA education
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Trainings
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2006 Handbook
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Present to administration
Collaboration
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Split work load
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Instill philosophy of AOD prevention/ education vs. legal compliance
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Get upper admins in the van, but don’t expect them to drive.
Collect student/employee use data
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Core Institute Drug/Alcohol Survey
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EAP data
Continual review
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Don’t wait 2 years to being collecting data or assessing programs
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What the auditors want to see…
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Detailed student conduct statistics
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Athletes, Greeks, other special groups
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Consistency in policy enforcement
Evidence-based AOD programs
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2002 NIAAA Tiers of Effective Interventions
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2003 IOM Reducing Underage Drinking: A Collective Responsibility
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Assessment data (learning & behavioral outcomes)
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Use/attitudes data
Thoughtful review
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Goals for next biennium
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Successes
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Improved training
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Improved annual notice & delivery
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Assessment of student use
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New AOD programs & improvements
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Online prevention program
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ECALC presentations for athletes
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BASICS training
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Assessment
Biennial Review
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Core survey
Data
Administration Buy-In
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Law and philosophy
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Additional Resources
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Illinois Higher Education Center for Alcohol, Other Drug, and Violence Prevention
http://www.eiu.edu/ihec/
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Higher Education Compliance
http://www.higheredcompliance.org/matrix/
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Code of Federal Regulations Part 86 text
http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=34%3A1.1.1.1.30
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Bradley D. Custer
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LinkedIn
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Academia.edu
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[email protected]
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www.morainevalley.edu/conduct
ACPA 2015 * B. Custer