Part 86, the Drug-Free Schools and Campuses Regulations, requires that, as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education (IHE) must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees. If audited, failure to comply with the Drug-Free Schools and Campuses Regulations may cause an institution to forfeit eligibility for federal funding. For complete details of requirements go to The Complying With the Drug-Free Schools and Campuses Regulations booklet.

In order to certify its compliance with the regulations, an IHE must adopt and implement a drug prevention program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by all students and employees both on school premises and as part of any of its activities. Creating a program that complies with the regulations requires an IHE to do the following:

1. Prepare a written policy on alcohol and other drugs.
2. Develop a sound method for distribution of the policy to every student and IHE staff member each year.
3. Prepare a biennial review report on the effectiveness of its alcohol and other drug (AOD) programs and the consistency of policy enforcement.
4. Maintain its biennial review report on file, so that, if requested to do so by the U.S. Department of Education, the campus can submit it.

DFSCA Biennial Review Information
According to the DFSCA, all colleges and universities receiving federal funds must complete the biennial review on even-numbered years; the next review must be completed by the end of the year 2006.

Periodically, the US Department of Education may direct the Higher Education Center to audit a weighted sample of biennial reviews from colleges and universities nationwide. The Center will contact the campuses to be included in the sample directly.


Minimum Requirements
The Drug-Free Schools and Campuses Regulations require at a minimum that each institution distribute the following in writing to all students and employees annually:

• Standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol on school property or as part of any school 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 associated with the use of illicit drugs and the abuse of alcohol
• A description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students
• A clear statement that the institution will impose sanctions on students and employees (consistent with local, state, and federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct

The law further requires an institution of higher education to conduct a biennial review of its program:

• To determine its effectiveness and implement changes if they are needed
• To ensure that the sanctions developed are enforced consistently

In addition to the aforementioned minimum set of requirements, campuses may have additional obligations under state law. Equally important may be recent court decisions in lawsuits brought against IHEs by college and university students and employees. Consultation with an attorney knowledgeable in this area is highly recommended.


For More Information

DFSCA

Compliance Checklist: This checklist, developed by the Higher Education Center for Alcohol and Other Drug Prevention, helps campus officials determine whether their actions satisfy the minimum legal requirements of the DFSCA regulations.

DFSCA Supplemental Checklist: This new expanded checklist, developed by the Higher Education Center, goes beyond the letter of the law to assist campuses in thoroughly reviewing their alcohol and other drug (AOD) prevention programs. Although campuses are not required to use this document as an outline for their biennial review, doing so will help fulfill the DFSCA requirements. The Supplemental Checklist embodies the goals and spirit of the DFSCA, helping campuses create effective and all-encompassing AOD prevention programs. Additionally, this supplemental checklist may guide efforts for those wishing to infuse environmental management methods into their existing prevention program. The Supplemental Checklist includes links to the Center's What Campuses Are Doing Web page.

To read the text of the Drug-Free Schools and Campuses Regulations, click here.

For questions regarding the DFSCA, please visit the Center's DFSCA FAQ page.