No. 227
SECTION: PUPILS
TITLE: CONTROLLED SUBSTANCES/
PARAPHERNALIA
(WITHIN SCHOOL
PARAMETERS)
ADOPTED: February 3, 2003
REVISED: August 17, 2015
1. Purpose
2. Definitions
35 P.S.
Sec. 780-102
20 U.S.C.
Sec. 812
Pol. 210
Pol. 122, 122.2,
123
3. Authority
SC 510, 511
Title 22
Sec. 12.3
227. CONTROLLED SUBSTANCES/PARAPHERNALIA
(WITHIN SCHOOL PARAMETERS)
The Board recognizes that the abuse of controlled substances is a serious problem with legal, physical and social implications for the whole school community. As an educational institution, the schools shall strive to prevent abuse of controlled substances.
For purposes of this policy, controlled substances shall mean all dangerous controlled substances prohibited by law; look-alike drugs; alcoholic beverages; anabolic steroids; drug paraphernalia; all mind-altering substances; any volatile solvents or inhalants, such as but not limited to glue and aerosol products; and prescription or patent drugs, except those for which permission for use in school has been granted pursuant to Board policy.
For purposes of this policy, look-alike drug shall include any pill, capsule, tablet, powder, plant matter or other item or substance that is designed or intended to resemble a controlled substance prohibited by this policy, or is used in a manner likely to induce others to believe the material is a controlled substance.
For purposes of this policy, extracurricular activities shall mean those activities, including but not limited to any school-sponsored or related activity scheduled beyond the normal school day, including but not limited to dances, proms, commencement, athletics, clubs and activities.
The Board prohibits students from using, possessing, distributing, and being under the influence of any controlled substances during school hours, on school property, and at any school-sponsored event as well as outside of school.
The Board may require participation in drug counseling, rehabilitation, testing or other programs as a condition of reinstatement into the school's educational, extracurricular or athletic programs.
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Title 22
Sec. 12.12
42 Pa. C.S.A.
Sec. 8337
Pol. 207
4. Delegation of
Responsibility
SC 1302.1-A,
1303-A
42 Pa. C.S.A.
Sec. 8337
Pol. 218, 233
SC 1302.1-A
SC 1303-A
5. Guidelines
227. CONTROLLED SUBSTANCES/PARPAHERNALIA
(WITHIN SCHOOL PARAMETERS) - Pg. 2
The privileged confidentiality between students and guidance counselors, school nurses, school psychologists, home and school visitors and other school employees shall be respected; and no confidential communication made to such employee shall be required to be revealed without the consent of the student or parent/guardian, unless the best interests of the student can be served only by such release.
The Superintendent or designee shall develop administrative regulations to identify and control substance abuse in the schools which:
1.
Establish procedures to deal with students suspected of using, possessing, being under the influence, or distributing controlled substances in school, up to and including expulsion and referral for prosecution.
2.
Disseminate to students, parents/guardians and staff the Board policy and administrative regulations governing student abuse of controlled substances.
3.
Provide education concerning the dangers of abusing controlled substances.
The Superintendent shall react promptly to information and knowledge concerning possible or actual incidents of possession, use or sale of controlled substances. Such action shall be in compliance with state law and regulation and with the procedures set forth in the memorandum of understanding with local law enforcement officials.
The Superintendent shall annually, by July 31, report all incidents of possession, use and sale of controlled substances by any person on school property to the Office of
Safe Schools on the required form in accordance with state law and regulation.
In all cases involving students and the illegal and/or unprescribed use, possession, sale, or other disbursement of controlled substances, the district recognizes the wide range of degrees of offense, its responsibilities to the health of the student involved, and its moral obligation to handle situations in such a way as to be beneficial to that individual and the remainder of the school population. The district shall establish a system of support for students and consequences for violations of Board policy throughout the year, while students are attending school and outside of school.
In order to intervene in the abuse of controlled substances, a Student Assistance
Program has been established to help students who are experiencing learning problems associated with controlled substance abuse. The Student Assistance Team is a core team composed of school personnel and other qualified members of the community that has been trained to understand and work on problems and issues of adolescent controlled substance abuse. The primary purpose of this team is the identification and referral of students coming to their attention through the procedures outlined in Board policy.
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227. CONTROLLED SUBSTANCES/PARPAHERNALIA
(WITHIN SCHOOL PARAMETERS) - Pg. 3
Any student who possesses, uses, or is involved in the distribution of controlled substances on school grounds shall be subject to the discipline, counseling, and extracurricular provisions pursuant to Board policy.
Students convicted of or admitting to possessing, using or distribution of controlled substances at any other time shall be subject to counseling and the extracurricular provisions pursuant to Board policy. Students will be referred to the Student
Assistance Team. This includes students enrolled in the Accelerated Rehabilitation
Program (ARP).
No student may be admitted to a program that seeks to identify and rehabilitate the potential abuser without the intelligent, voluntary and aware consent of the student and parent/guardian.
The following guidelines are established to identify the methods of discipline and counseling of students implemented by the district:
1.
If the offense took place on school property, in the district's drug-free zones, at a school-sponsored or related activity or during a school session, the following discipline and counseling provisions shall apply: a.
Discipline:
1) Referral will be made to the appropriate law enforcement agency.
2) A first offense for admitted or proven use, and/or possession of controlled substances shall result in an immediate suspension for a minimum of ten (10) days and may result in a full suspension or expulsion, depending on the adjudged severity of the situation. The student will be placed in a probationary program of at least four (4) weeks in duration and participation in extracurricular activities will be permitted but the student may not participate in activities such as but not limited to games, contests, performances, concerts, graduation activities, dances.
3) A first offense for sale or distribution of controlled substances shall result in an immediate suspension of ten (10) days and may result in a full suspension or expulsion, depending on the adjudged severity of the situation. The student will be placed in a probationary program of at least twelve (12) weeks in duration and participation in extracurricular activities will not be permitted.
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227. CONTROLLED SUBSTANCES/PARPAHERNALIA
(WITHIN SCHOOL PARAMETERS) - Pg. 4
4) A second offense will result in the implementation of procedures for full suspension or expulsion and removal from participation in extracurricular activities for a period of 365 days.
5) A third offense will result automatically in the implementation of procedures for full suspension or expulsion and will result in permanent suspension of participation in extracurricular activities.
6) Coaches and/or activity advisors may develop disciplinary guidelines that exceed those defined in Board policy as long as those more stringent guidelines are published and parents/guardians acknowledge those guidelines through a signature. All such guidelines must be shared with and approved by the Athletic Committee prior to implementation. b.
Counseling:
1) A student with proven or admitted use, possession, sale, or other distribution of a controlled substance must show within seven (7) calendar days positive proof of a contract and description of a program to be followed based on the assessment of a counselor or counseling agency. If this proof is not forthcoming, expulsion procedures will be instituted.
2) Any variations in the delivery of the program need to be approved by the administration. If proof is not forthcoming, expulsion procedures will be instituted.
3) If the student fails to comply with the counseling provisions, more stringent guidelines will be instituted, at the discretion of the principal or his/her designee including permanent exclusion from extracurricular activities.
Reasonable Suspicion/Testing
If based on the student’s behavior, medical symptoms, vital signs or other observable factors, the building principal has reasonable suspicion that the student is under the influence of a controlled substance, the student may be required to submit to drug or alcohol testing. The testing may include but is not limited to the analysis of blood, urine, saliva, or the administration of a Breathalyzer test.
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227. CONTROLLED SUBSTANCES/PARPAHERNALIA
(WITHIN SCHOOL PARAMETERS) - Pg. 5
References:
School Code – 24 P.S. Sec. 510, 511, 1302.1-A, 1303-A
State Board of Education Regulations – 22 PA Code Sec. 10.2, 10.21, 10.22, 10.23,
10.25, 12.3, 12.12, 403.1
PA Controlled Substance, Drug, Device and Cosmetic Act – 35 P.S. Sec. 780-101 et seq.
Steroids – 35 P.S. Sec. 807.1 et seq.
PA Civil Immunity of School Officers/Employees Relating to Drug or Alcohol
Abuse – 42 Pa. C.S.A. Sec. 8337
Individuals With Disabilities Education Act – 20 U.S.C. Sec. 1400 et seq.
No Child Left Behind Act – 20 U.S.C. Sec. 7114, 7161
Controlled Substances Act – 21 U.S.C. Sec. 801 et seq.
Individuals With Disabilities Education Act, Title 34, Code of Federal
Regulations – 34 CFR Part 300
Board Policy – 000, 103.1, 113.1, 113.2, 122, 122.2, 123, 207, 210, 210.1, 218, 233,
805
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