subpart 4 - general provisions

20 USC 7161 - Definitions

In this part:
(1) Controlled substance 
The term controlled substance means a drug or other substance identified under Schedule I, II, III, IV, or V in section 812 (c) of title 21.
(2) Drug 
The term drug includes controlled substances; the illegal use of alcohol and tobacco; and the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids.
(3) Drug and violence prevention 
The term drug and violence prevention means
(A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the illegal use of drugs;
(B) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from school, and at school-sponsored activities, through the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others.
(4) Hate crime 
The term hate crime means a crime as described in section 1(b) of the Hate Crime Statistics Act of 1990.
(5) Nonprofit 
The term nonprofit">nonprofit, as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit">nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
(6) Protective factor, buffer, or asset 
The terms protective factor, buffer, and asset mean any one of a number of the community, school, family, or peer-individual domains that are known, through prospective, longitudinal research efforts, or which are grounded in a well-established theoretical model of prevention, and have been shown to prevent alcohol, tobacco, or illegal drug use, as well as violent behavior, by youth in the community, and which promote positive youth development.
(7) Risk factor 
The term risk factor means any one of a number of characteristics of the community, school, family, or peer-individual domains that are known, through prospective, longitudinal research efforts, to be predictive of alcohol, tobacco, and illegal drug use, as well as violent behavior, by youth in the school and community.
(8) School-aged population 
The term school-aged population means the population aged five through 17, as determined by the Secretary on the basis of the most recent satisfactory data available from the Department of Commerce.
(9) School based mental health services provider 
The term school based mental health services provider includes a State licensed or State certified school counselor, school psychologist, school social worker, or other State licensed or certified mental health professional qualified under State law to provide such services to children and adolescents.
(10) School personnel 
The term school personnel includes teachers, principals, administrators, counselors, social workers, psychologists, nurses, librarians, and other support staff who are employed by a school or who perform services for the school on a contractual basis.
(11) School resource officer 
The term school resource officer means a career law enforcement officer, with sworn authority, deployed in community oriented policing, and assigned by the employing police department to a local educational agency to work in collaboration with schools and community based organizations to
(A) educate students in crime and illegal drug use prevention and safety;
(B) develop or expand community justice initiatives for students; and
(C) train students in conflict resolution, restorative justice, and crime and illegal drug use awareness.

20 USC 7162 - Message and materials

(a) “Wrong and harmful” message 
Drug and violence prevention programs supported under this part shall convey a clear and consistent message that the illegal use of drugs and acts of violence are wrong and harmful.
(b) Curriculum 
The Secretary shall not prescribe the use of specific curricula for programs supported under this part.

20 USC 7163 - Parental consent

Upon receipt of written notification from the parents or legal guardians of a student, the local educational agency shall withdraw such student from any program or activity funded under this part. The local educational agency shall make reasonable efforts to inform parents or legal guardians of the content of such programs or activities funded under this part, other than classroom instruction.

20 USC 7164 - Prohibited uses of funds

No funds under this part may be used for
(1) construction (except for minor remodeling needed to accomplish the purposes of this part); or
(2) medical services, drug treatment or rehabilitation, except for pupil services or referral to treatment for students who are victims of, or witnesses to, crime or who illegally use drugs.

20 USC 7165 - Transfer of school disciplinary records

(a) Nonapplication of provisions 
This section shall not apply to any disciplinary records with respect to a suspension or expulsion that are transferred from a private, parochial or other nonpublic school, person, institution, or other entity, that provides education below the college level.
(b) Disciplinary records 
In accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), not later than 2 years after January 8, 2002, each State receiving Federal funds under this chapter shall provide an assurance to the Secretary that the State has a procedure in place to facilitate the transfer of disciplinary records, with respect to a suspension or expulsion, by local educational agencies to any private or public elementary school or secondary school for any student who is enrolled or seeks, intends, or is instructed to enroll, on a full- or part-time basis, in the school.