What Drug Prevention Program Must Colleges Have under Federal Law?

Colleges and universities must adopt and implement a drug and alcohol abuse prevention program for students and employees, and certify that they have done so, as a condition of receiving any federal funds or financial assistance (34 CFR 86.1 and 86.3, implementing 20 U.S.C. 1011i). The rule is the Department of Education's Drug-Free Schools and Campuses Regulations.

Who is covered. The rule applies to institutions of higher education (IHEs). The certification is made in writing to the Department, and the collection carries OMB control number 1880-0522.

Annual notice. At a minimum, the IHE must distribute in writing to each employee, and to each student taking one or more classes for any type of academic credit except continuing education units, the following (34 CFR 86.100(a)):

• Standards of conduct that clearly prohibit the unlawful possession, use or distribution of illicit drugs and alcohol on its property or as part of its activities.
• A description of the applicable legal sanctions under local, state or federal law for the unlawful possession or distribution of illicit drugs and alcohol.
• A description of the health risks of illicit drug use and alcohol abuse.
• A description of available drug or alcohol counseling, treatment, rehabilitation or re-entry programs.
• A clear statement that the IHE will impose disciplinary sanctions on students and employees, up to expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct. Completion of an appropriate rehabilitation program may be a sanction.

Biennial review. The IHE must also review its program once each two years. The FAQ on the biennial review covers that duty, and the FAQ on penalties for violating the Drug-Free Schools and Campuses rules covers enforcement.

Related topics. The FAQ on drug-free workplace program components lists workplace program elements, and the FAQ on DEA drug schedules explains how controlled substances are classified.