U.S Department of Education Drug-Free Schools and Communities Act (DFSCA)
Drug and Alcohol Abuse Prevention Regulations

Part 86, the Drug and Alcohol Abuse Prevention Regulations (Education Department General Administrative Regulations [EDGAR]), 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 and Alcohol Abuse Prevention Regulations may cause an institution to forfeit eligibility for federal funding.

In order to be able 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:

  • Annually notify each employee and student, in writing, of standards of conduct; a description of appropriate sanctions for violation of federal, state, and local law and campus policy; a description of health risks associated with AOD use; and a description of available treatment programs.­­
  • Develop a sound method for distributing annual notification information to every student and staff member each year.
  • Prepare a biennial review on the effectiveness of its AOD programs and the consistency of sanction enforcement.
  • Maintain its biennial review on file, so that, if requested to do so by the U.S. Department of Education, the campus can submit it.