On December 12, 1989, President Bush signed into law the DFSCA Amendments of 1989. The DFSCA amended the Higher Education Act of 1965 to require that, as a condition of receiving funds or any other form of financial assistance under any federal program after Oct. 1, 1990, an institution in higher education (“IHE”) must submit certification that it has adopted and implement a drug prevention program (“AOD”). The Department of Education’s regulations at 34 C.F.R. Part 86 (“Part 86”) implement this provision, requiring that colleges and universities must:
1. Annually notify each employee and student, in writing, of standards of conduct, a description of appropriate sanctions for violation of federal, state, an local law and campus policy, a description of health risks associated with AOD use, and a description of available treatment programs.
2. Develop a sound method for distributing annual notification information to every student and staff member each year.
3. Prepare a biennial report on the effectiveness of its AOD programs and the consistency of sanction enforcement.
|WHAT IS REQUIRED IN
|Annual notification to students and employees must comprise specific items identified in
this Section to “prohibit, at a minimum, the unlawful possession, use, or distribution of illicit
drugs and alcohol by students and employees on its property or as part of any of its activities.”
This annual notification should provide each student and employee with a written statement
outlining it’s standards of conduct; sanctions for violation of federal, state, and local law and
campus policy; health risks associated with alcohol and other drug (AOD) use; and description
of available treatment programs.
|WHERE CAN I FIND MY
|The Annual Notification will be emailed to every student at the beginning of the semester.
Students who register after the beginning of the semester will receive the notification as they
register for classes. This annual notification will also be posted on the College website,
available for review at any time during the academic year.
|WHAT IS EDGAR 86?||EDGAR Part 86 is the set of regulations outlining the federal requirements of the Drug Free
Schools and Campuses Act (DFSCA) of 1989. EDGAR Part 86 requires that an institution of
higher education receiving federal financial assistance must adopt and implement a program
to prevent the use of illicit drugs and alcohol abuse by students and employees. In addition,
schools must 1) annually distribute specified drug and alcohol prevention information to
students and employees (the "annual notification"), and 2) conduct a biennial review of their
drug and alcohol prevention programs.
|IS THIS A NEW LAW?||No. EDGAR is not new. It has been around since 1990, but after years of limited to no
oversight, it is back on the ED’s radar. Title IX resolution agreements now include express
mention of DFSCA compliance and biennial reviews are being requested as part of Clery Act
and financial aid audits. There are also those “friendly visits” from ED that have been
happening with more frequency where all items on the ED's DFSCA checklist is scrutinized.
|IS THERE A PENALTY
WITH THE DFSCA?
|If an institute of higher education fails to submit the necessary certification when
requested to do so or violates its certification, the Secretary of Education may terminate
all forms of federal financial assistance, whether from the Department of Education or
other federal agency. The Secretary may require repayment of such assistance, including
individual students' federal grants.
|WHAT IS THE
|This written report is a review of the College's alcohol and drug programs and policies
to determine program effectiveness and consistency of policy enforcement and to
identify and implement any changes needed to either the program or consistency of
policy enforcement. This report is posted on the College's website for review.
|WHO PRODUCES THE
|Ideally, multiple individuals, departments, and programs who have a stake in helping to
create a healthy and safe environment should be involved in the discussion. There may also
be need to involve community partners who may receive referrals from the College to assist
our students in meeting their needs as they pertain to drugs and alcohol. Having various
people involved in the production of the Biennial Report will facilitate the pooling of ideas,
resources, and staffing solutions to implement strategies and solutions to best address
alcohol and drug issues. The Biennial Report generally comes from the Student Affairs
|WHEN DOES THE
|Although the regulations do not specify a date in which the reports must be completed, long
practice has held that a college submit a review by the end of each even-numbered calendar
|WHERE CAN I SEEK
SERVICES FOR DRUG
|RESOURCES||U.S. Department of Education, Office of Safe and Drug-Free Schools, Higher Education Center
for Alcohol and other Drug Abuse and Violence Prevention, Complying with the Drug-Free
Schools and Campuses Regulations [EDGAR Part 86]: A Guide for University and College
Administrators (2006). “AOD” refers to alcohol and other drugs.
“The Maricopa County Community College District is an EEO/AA institution and an equal opportunity employer of protected veterans and individuals with disabilities.”