Frequently Asked Questions

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.

A college or university must conduct a biennial review of its drug and alcohol abuse prevention program to determine the program's effectiveness, implement changes if they are needed, and make sure its disciplinary sanctions are consistently enforced (34 CFR 86.100(b)). The review is part of the Department of Education's Drug-Free Schools and Campuses Regulations.

What the review covers. The review looks at whether the program works and whether the institution actually applies the sanctions it promises in its annual notice to students and employees. The annual notice items are listed in 34 CFR 86.100(a).

Making results available. On request, the institution must make available to the Secretary of Education and to the public a copy of each item distributed in the annual notice and the results of its biennial review (34 CFR 86.103(a)).

Record retention. The institution must keep the annual notice items, the biennial review results and any other records reasonably related to its compliance with the certification for three years after the fiscal year in which each record was created. If any litigation, claim, negotiation, audit, review or other action involving the records starts before the three years end, the records must be kept until the action is complete and the issues arising from it are resolved, or until the end of the three years, whichever is later (34 CFR 86.103(b)).

Department reviews. Each year the Secretary reviews a sample of institutions' drug prevention programs (34 CFR 86.101). An institution selected for review must give the Department access to personnel, records, documents and other information needed for the review (34 CFR 86.102).

Comparable record rules. DOT-regulated employers keep testing program records for set periods too, described in the FAQ on DOT drug and alcohol record retention. The FAQ on what compliance training is covers how training records support audits.

The FAQ on the Drug-Free Schools and Campuses program requirements lists the program elements, and the FAQ on penalties for violating the rules explains what happens when a review finds a failure.

A college or university that fails to certify its drug prevention program is not eligible to receive federal funds or other federal financial assistance, and one that violates the program rules can face sanctions up to repayment of federal funds and termination of eligibility (34 CFR 86.5 and 86.301). The rules are the Department of Education's Drug-Free Schools and Campuses Regulations.

What counts as a violation. An institution violates the rules if it receives federal financial assistance without having submitted the required certification, or if it fails to carry out its drug prevention program, including failing to consistently enforce its disciplinary sanctions (34 CFR 86.300).

Department responses. The Secretary may respond to a violation by providing technical assistance or by entering into a compliance agreement with the institution (34 CFR 86.301(a)). The Secretary may also impose sanctions, including requiring repayment of federal financial assistance received by the institution when it was in violation, or terminating any form of federal financial assistance (34 CFR 86.301(b)).

Eligibility. An institution that fails to submit the certification is not eligible to receive federal funds or any other form of federal financial assistance (34 CFR 86.5).

Program elements. The required program elements and annual notice are listed in the FAQ on the Drug-Free Schools and Campuses program requirements. The biennial review, which checks whether sanctions are consistently enforced, is covered in the FAQ on the biennial review.

Related topics. Employers that receive federal grants have a separate drug-free workplace duty, and the FAQ on drug-free workplace program components describes workplace program elements.