Pennsylvania Act 1972-181 — DRUG AND ALCOHOL ABUSE EDUCATION

Act text

DRUG AND ALCOHOL ABUSE EDUCATION
                 Act of Jul. 12, 1972, P.L. 765, No. 181              Cl. 24
                                  AN ACT

     Relating to drugs and alcohol and their abuse, providing for
        projects and programs and grants to educational agencies,
        other public or private agencies, institutions or
        organizations.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Definitions.--As used in this act:
        (1)  The term "elementary school" means a day or residential
     school which provides preschool, kindergarten or elementary
     education in the Commonwealth, including both public and
     nonpublic schools;
        (2)  The term "secondary school" means a day or residential
     school which provides secondary education in the Commonwealth,
     including both public and nonpublic schools;
        (3)  The term "institution of higher education" means an
     educational institution in the Commonwealth, which
        (i)  admits as regular students only persons having a
     certificate of graduation from a school providing secondary
     education, or the recognized equivalent of such a certificate;
        (ii)  is legally authorized within the Commonwealth to
     provide a program of education beyond secondary education;
        (iii)  provides an educational program for which it awards a
     bachelor's degree or provides not less than a two-year program
     which is acceptable for full credit toward such a degree;
        (iv)  is a public, nonpublic or other nonprofit institution;
     and
        (v)  is accredited by a nationally recognized accrediting
     agency or association or, if not so accredited, is an
     institution with respect to which the secretary has determined
     that there is satisfactory assurance, considering the resources
     available to the institution, the period of time, if any, during
     which it has operated, the effort it is making to meet
     accreditation standards, and the purpose for which this
     determination is being made, that the institution will meet the
     accreditation standards of such an agency or association within
     a reasonable time, or is an institution whose credits are
     accepted, on transfer, by not less than three institutions which
     are so accredited, for credit on the same basis as if
     transferred from an institution so accredited.
        Such term also includes any school which provides not less
     than a one-year program of training to prepare students for
     gainful employment in a recognized occupation and which meets
     the provisions of subclauses (i), (ii), (iv) and (v). For
     purposes of this clause, the secretary shall, with the
     cooperation of the State Board of Education, publish a list of
     nationally recognized accrediting agencies or associations which
     he determines to be reliable authority as to the quality of
     training offered.
        (4)  The term "local educational agency" means a public board
     of education or other public authority legally constituted
     within the Commonwealth for either administrative control or
     direction of, or to perform a service function for, elementary
     or secondary schools in any political subdivision or
     combinations thereof as are recognized in the Commonwealth as an
     administrative agency for its public elementary or secondary
     school.
        (5)  The term "secretary" means the Secretary of Education of
     the Commonwealth of Pennsylvania.
        (6)  The term "council" means the Governor's council on drug
     and alcohol abuse established by the act of April 14, 1972 (Act
     No.63).
        (7)  The term "State plan" means the master State plan for
     the control, prevention, treatment, rehabilitation, research,
     education and training aspects of drug and alcohol abuse and
     dependence problems mandated by the act of April 14, 1972 (Act
     No.63).
        Section 2.  Local Educational Agencies, Other Public or
     Private Agencies, Institutions or Organizations; Assistance.--
     In conformity with the State plan, the secretary with the
     cooperation of the Secretary of Health and other appropriate
     State agencies or commissions and appropriate Federal agencies,
     shall assist projects designed to further education concerning
     the causes and effects of and treatment for drug and alcohol
     abuse and dependence by--
        (1)  Making grants to or entering into contracts with
     institutions of higher education and other public or private
     agencies, institutions, or organizations, for
        (i)  projects for the development of curricula on the use and
     abuse of drugs and alcohol including the preparation of new and
     improved material for use in elementary, secondary, and adult
     education programs;
        (ii)  pilot projects designed to demonstrate, and test the
     effectiveness of curricula described in subclause (i) hereof,
     whether developed with assistance under this act or otherwise;
        (iii)  in the case of applicants who have conducted pilot
     projects under subclause (ii), projects for the dissemination of
     curricular materials and other significant information regarding
     the use and abuse of drugs and alcohol to public and private
     elementary, secondary, and adult education programs;
        (2)  Undertaking, directly or through contracts or other
     arrangements with institutions of higher education or other
     public or private agencies, institutions, or organizations,
     evaluations of the effectiveness of curricula tested in use in
     elementary, secondary, and adult education programs involved in
     pilot projects described in subclause (ii) of clause (1);
        (3)  Making grants to institutions of higher education, local
     educational agencies and other public or private agencies,
     institutions or organizations to provide training programs on
     drug abuse (including courses of study, institutes, seminars,
     workshops, and conferences) for teachers, counselors, other
     educational personnel, law enforcement personnel and other
     community leaders;
        (4)  Making grants to local educational agencies and other
     public or private agencies, institutions or organizations for
     community education programs on drug abuse (including seminars,
     workshops, and conferences) especially for parents and others in
     the community;
        (5)  Students knowledgeable about drug abuse problems shall
     be involved in the planning and implementation of all drug
     education curricula, training programs and other projects
     undertaken pursuant to this section.
        Section 3.  Approval of Applications.--(a)  Financial
     assistance for a project under this act may be made only with
     the approval of the council in conformity with the provisions of
     the State plan and pursuant to regulations promulgated by the
     secretary which regulations shall provide, inter alia:
        (1)  That the activities and services for which assistance
     under this act is sought will be administered by or under the
     supervision of the applicant;
        (2)  For such fiscal control and fund accounting procedures
     as may be necessary to assure proper disbursement of and
     accounting for funds paid to the applicant under this act; and
        (3)  For making an annual report and such other reports, in
     such form and containing such information, as the secretary may
     reasonably require and for keeping such records and for
     affording such access thereto as the secretary may find
     necessary to assure the correctness and verification of such
     reports.
        (b)  Amendments of applications shall, except as the
     secretary may otherwise provide by or pursuant to regulation, be
     subject to approval in the same manner as original applications.
        Section 4.  Technical Assistance.--The secretary and other
     State officials shall, when requested, render technical
     assistance to local educational agencies and institutions of
     higher education in the development and implementation of
     programs of drug and alcohol abuse education. Such technical
     assistance may, among other activities, include making available
     to such agencies or institutions information regarding effective
     methods of coping with problems of drug and alcohol abuse, and
     making available to such agencies or institutions personnel of
     the Department of Health and any other qualified personnel of
     the State or Federal agencies to advise and assist in coping
     with such problems or carrying out a drug and alcohol abuse
     education program. All State agencies shall cooperate with the
     secretary in discharging the intent of this act.
        Section 5.  Powers of Council Undiminished.--Nothing
     contained in this act shall be construed as in any way limiting
     the powers of the council, or of the scope and effect of the
     State plan promulgated by the council.
        Section 6.  Effective Date.--This act shall take effect
     immediately.

                                 APPENDIX

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             Supplementary Provisions of Amendatory Statutes
                                 -------

                 1973, MAY 22, P.L.460, REORG. PLAN NO.4

        Section 1.  The functions, powers and duties of the
     Department of Education with regard to the prevention, research,
     education and training aspects of drug and alcohol abuse and
     dependence problems, as set forth in sections 1 through 6
     inclusive, * * * are transferred to the Governor's Council on
     Drug and Alcohol Abuse.
        Section 5.  Sections 1 through 6, inclusive, * * * are
     suspended in so far as they conflict with this Reorganization
     Plan.