443.4
ALCOHOL AND OTHER DRUG ABUSE (AODA)
The Friess Lake School District, in providing students a comprehensive quality
education, recognizes its responsibilities to address the concerns of alcohol and other
drug abuse (AODA). These responsibilities pertain to: (I.) Definition: (II.) Education;
(III.) Discipline procedures to provide students with a drug-free and alcohol-free school
environment; (IV.) Confidentiality of alcohol and other drug abuse situations as per
Wisconsin State Statute 118.126.
I.
Definition
The Board prohibits the use, possession, concealment, or distribution of
any drug and any drug-paraphernalia at any time on District property or at
any District-related event.
For purposes of this policy “drugs” shall mean:
A. all dangerous controlled substances as so designated and prohibited by
Wisconsin Statute:
B. all chemicals with release toxic vapors:
C. all alcoholic beverages and tobacco;
D. any prescription or patent drug, except those for which permission to
use in school has been granted pursuant to Board policy;
E. “look-alikes”;
F. anabolic steroids;
G. any other illegal substances so designated and prohibited by law.
II.
Education
It shall be the policy of the Friess Lake School District to take positive
action to prevent and/or reduce alcohol and other drug abuse through
education, staff development, counseling, parental involvement, and/or
referral to community agencies. Students shall also be made aware of
Board policy on AODA via the student handbook.
III.
Discipline Procedures
A. Definitions
1. Mood-altering substance – A mood-altering substance is defined
as:
A. a controlled substance under Chapter 961, Wisconsin Statutes,
and
443.4 (2)
B. inhalants such as nitrous oxide or other volatile substances
including but not limited to paint thinner, pints, and aerosols.
2. Look-alike substance –A look-alike substance is define substance
which is of a nature, appearance or effect that will allow a person
to display, sell, distribute or use the look-alike substance as if it
were a controlled substance.
3. Intoxicant -intoxicant is any beverage that may be legally sold as
alcohol. This includes, but is not limited to, fermented malt
beverages, intoxicating liquor and wine.
4. Drug Paraphernalia – drug Paraphernalia means all equipment,
products, and materials of any kind that are used or solely intended
for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling or otherwise
introducing into the human body a controlled substance. Drug
paraphernalia includes all of the equipment, products, and
materials defined in section 961.571 of the Wisconsin State
Statues.
B. Consequences for the Use or Possession of Intoxicants or Mood
Altering Drugs Not Prescribed by a Physician
Any student of the Friess Lake School District using, having any
evidence in one’s body, in possession of or under the influence of
intoxicants, mood-altering drugs not prescribed by a physician or in
possession of related drug paraphernalia at any time (24 hours per day)
on school premises or at a school-related activity shall automatically
be subject to the following:
Any violation of the AODA policy shall be reported immediately to
the law enforcement agency by the District Administrator/designee.
1. First Violation – Students found to be in violation of the rule for
the first time during their tenure in the Friess Lake School District
will receive an automatic three (3) day in-school suspension at
which time the student will receive and complete a Districtapproved AODA educational program.
443.4 (3)
This program will be set up prior to the student returning to class.
The student is also required to seek counseling from either
qualified school personnel or a designated community agency and
follow any and all recommendations set forth. Failure to comply
with any of the above requirements will result in the
commencement of the pre-expulsion process.
2. Second Violation – Any student found to be in violation of this
rule for a second time will receive an automatic suspension of up
to fifteen (15) days and will be recommended to the Board of
Education for expulsion from the Friess Lake School District for a
minimum of the remainder of the semester during which the
offense occurs and the next full semester. The student shall, if
expelled, receive no credit toward graduation for said semester.
Readmission will be subject to the provisions of section D
(below).
C. Consequences for Selling, Dealing, or Giving Away Intoxicants or
Mood Altering Drugs
1. Irrespective of the procedures set forth herein, any student found to be
exchanging, distributing, selling, attempting to sell, giving away, or
possessing with the intention of exchanging, distributing, selling or
giving away of intoxicants, mood-altering drugs or paraphernalia on
school premises or while participating in or attending any school
related activity, will be subject to the same penalty normally provided
for a second violation as indicated above.
2. Any student found to be exchanging, distributing, selling, attempting
to sell, or giving away to another any substance, regardless of its true
nature, which such student has represented in any manner to be an
intoxicating or mood-altering drug, on school premises or while
attending a school-related activity, will be subject to the same penalty
normally provide for a second violation as indicated above.
Wisconsin law shall control when determining intent.
D. Readmission to School after a Second Violation
Any student who has been expelled in accordance with Rule B (2)
above may request re-entry into the Friess Lake School District via the
District Administrator after expulsion for the balance of the semester
and the next full semester. If such a request is made, the student will
be required to display evidence that he or she has developed and
443.4 (4)
attitude which clearly indicates that the individual will not again
violate the Board’s Alcohol and Other Drug Abuse Policy. The Reentry process must be initiated administratively by the District
Administrator.
E. Student Enrollment in Non-Public Education During the Period of
Rules Enforcement
Any student who elects to enroll in any non-public education during
the period of time affected by these rules and then chooses to re-enroll
in the Friess Lake School District will be enrolled only under
conditions specified by the Board, upon consideration of
recommendations by the District Administrator.
F. Review of Student Drug and Alcohol Abuse Policy and Rules
The student drug and alcohol policy and its administrative rules will be
reviewed every two years in order to:
1. determine their effectiveness and implement changes if they
are needed: and
2. ensure that they are being consistently enforced.
IV.
Ensuring Confidentiality
All records regarding AODA incidents are classified as confidential and
subject to Wisconsin State Statute 118.126
LEGAL REFERENCE:
WISCONSIN STATUTES
115.64 (4)
118.126
Privileged communications.
118.24(2)(f)
School District Administrator-cooperation
118.257
Health examinations.
120.13(1)
School Board Powers
125.02(8) m
Definitions.
125.037
Civil liability exemption for municipalities.
125.09(2)
General restrictions.
961.49-961.495
Distribution of or possession with intent to deliver
961.571
Definitions of Drug Paraphernalia
120.13(1)(a)(b)(c)
School Board Powers
Drug Free Schools and Communities Act
Amendments of 1989
CROSS REFERENCE:
443.4 Rule
Approved: September 23, 1999
Student Alcohol and Other Drug Abuse
Disciplinary Procedures
FRIESS LAKE SCHOOL DISTRICT
Hubertus, Wisconsin