Drugs and Alcohol

  • Passive breath alcohol sensor devices may be used by administration at any school event.
     
    Substance Abuse
    Board of Education Policy-Substance Abuse #5530
     
    The Board of Education recognizes that the misuse of chemical substances, by any student, seriously impedes that student’s education and threatens the welfare of the entire school community. The Board of Education is committed to the prevention of chemical substance abuse and the rehabilitation of users by educational means, but will take necessary and appropriate steps to protect the school community from exposure to chemical substances.
     
    Definitions
     
    A. For the purpose of these procedures “chemical substances include”:
     
    1. “Alcoholic Beverages”: The Board of Education recognizes alcohol as a chemical substance. The term “drugs and alcohol” is therefore avoided in these procedures in favor of the term “chemical substances,” which includes alcohol, controlled dangerous substances, and other drugs.
     
    2. Any controlled dangerous substance as identified in N.J.S.A.24:21-2. Controlled dangerous substances include, but are not limited to, marijuana, cocaine (including “crack”), heroin, Oxycodone, PCP, amphetamines, barbiturates, anabolic steroids, tranquilizers, LSD, and “designer drugs”, or controlled substance analogues.
     
    3. Any chemical or chemical compound which releases vapor or fumes, causing a condition or intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system, as defined by N.J.S.A. 2A: 170-25.9. This section includes, but is not limited to, glue, aerosol propellants, gasoline, and solvents.
     
    4. Any mind-altering or behavior-altering chemical substance. This category includes, but is not limited to, prescription drugs and such common substances as cough medications and over-the-counter medications.
     
    5. Any prescription or patent drug, except those for which permission to use in school has been granted, pursuant to Board of Education policy.

    The phrase “chemical substances in the school setting” refers to student use, possession, distribution, or state of being under the influence of chemical substances on school property, at school functions, or on school buses. It also refers to students whose use of drugs is affecting their school performance.
     
    B. The term “distribution” includes facilitation of sale, transfer, or delivery.
     
    C. The term “drug paraphernalia” refers to all equipment, products, and materials of any kind used for growing, manufacturing, producing, processing, preparing, testing, packaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing into the human body in violation of the provision of these procedures, any of the substances referred to or included above. Drug paraphernalia includes, but is not limited to, the following objects used or intended for use, in conjunction with drugs: capsules,
    balloons, envelopes, other containers, pipes, tubes, masks, roach clips, miniature spoons, vials, rolling papers, razors, mirrors, and syringes.
     
    D. The term “evaluation” as defined in N.J.A.C. 6:29-6-2, means those procedures used to determine a student’s need for an educational program or treatment that extends beyond the regular school program by virtue of the use of alcohol or other drugs by the student or the student’s family.
     
    E. The term “intervention and referral to treatment”, as defined in N.J.A.C. 6:29-6-2, means those programs and services offered to help a student because of the use of alcohol or other drugs by the student or the student’s family.
     
    F. The term “substance abuse problems” refers to those problems arising by virtue of the use of alcohol or other drugs by the student or the student’s family.
     
    G. The term “building administrator” refers to the principal, assistant principal, or the building administrator’s designee.
     
     
    Student Suspected of Being Under the Influence of a Chemical Substance
     
    Any student suspected of being under the influence of a chemical substance in the school setting is subjected to the following procedures:
     
    A. Any staff member observing a student who appears to be currently under the influence of a chemical substance shall report the observed student’s behavior and symptoms immediately to the building administrator. The staff member must notify the main office, by intercom or in writing, that assistance of a building administrator is required immediately. The situation shall be handled as a health problem and potential emergency. The staff member will remain anonymous.
     
    B. The building administrator must remove the student for immediate examination by the school nurse. The student will be kept under constant surveillance by school personnel. The school nurse shall conduct a preliminary chemical substance screening using a standard medical examination established by the medical department. The preliminary chemical substance screening report shall be submitted immediately to the building administrator.
     
    C. Upon completion of the school nurse’s preliminary chemical substance screening, the building administrator shall notify the parent/guardian of the results. The parent/guardian is required to meet with the building administrator immediately to obtain the necessary forms and discuss the appropriate course of action.
     
    D. The parent/guardian shall be required to take the student for an assessment by a physician.
     
    1. In accordance with N.J.S.A. 18A:40A-12(a) and N.J.A.C. 6A:16-4.3(a) (4), the parent/guardian has the right to select the physician licensed to practice medicine or osteopathy to perform the medical examination on the student. However, if the physician of the parent/guardian’s choice is not immediately available, the medical examination shall be conducted by a physician selected by the District. In the event the District’s physician is not immediately available, a member of the school
    staff shall accompany the child to the emergency room of the nearest hospital for examination. When the medical examination is conducted by a physician selected by the parent/guardian, the examination shall be at the sole expense of the parent/guardian. Alternatively, a medical examination conducted by a physician selected by the District or by a physician at the emergency room of the nearest hospital will be at the expense of the District. The parent/guardian must comply with all
    minimum requirements for the examination as defined by the District, including chemical screenings performed at the lowest possible legal cut off levels. Any refusal or failure of a parent/guardian to follow these provisions, including having the medical examination conducted, will be treated as a violation of the Compulsory Education Act and may result in a referral to New Jersey Division of Child Protection and Permanency.
     
    2. Copies of all reports/forms shall be filed in a location separate from the student’s permanent school record. Information from reports will be disclosed only as required by NJ Administrative Code, state laws, federal laws, and/or court order.
     
    3. When a student fails to have an immediate physical examination/chemical screening to determine if he/she is under the influence of a chemical substance, he/she shall be suspended from school for four (4) days, and must adhere to district procedures for a positive result.
     
    4. When a chemical screening specimen is determined to be diluted and/or tampered with, the student shall be considered to have a positive result. District disciplinary procedures will be implemented as such.
     
     
    Re-Entry for Students Suspected of being Under the Influence of a Chemical Substance
     
    A. A student may resume attendance at school pending the results of the chemical screening:
     
    1. The completed Chemical Substance Screening Report, which indicates lab tests have been completed, must be presented to the building administrator. Failure to submit appropriate documentation will result in an immediate four (4) day suspension.
     
    2. The physician, based on a physical examination without the benefit of chemical screening results, believes that the student is physically and mentally capable of returning to school, as indicated on the Chemical Substance Screening Report. The student shall demonstrate evidence that a chemical screening has been performed immediately following the request.
     
    B. If the results of the chemical screening are positive (including failure to comply with chemical screening, diluted, or tampered), progressive discipline will be implemented.
     
    1. Prior to his/her return to school, the physician must verify that the student is physically and mentally capable of returning to school.
     
    2. Within 24 hours of the positive result, the parent/guardian must contact the school’s student assistance coordinator to set up a parent/child assessment meeting during the suspension period. Failure to do so will result in further disciplinary action.
     
    3. Upon the student’s return to school a re-entry meeting shall be held with the parent/guardian, the student, the student assistance coordinator, and the building administrator for the purpose of determining intervention/counseling services.
     
     
    Disciplinary Action
     
    If the results of the chemical screening are positive, progressive discipline will be implemented as follows:

    A. First Offense
     
    1. 4 day suspension
     
    2. meeting with parent/guardian, student, and student assistance coordinator during suspension period
     
    3. re-entry meeting after suspension period with parent/guardian, student, student assistance coordinator, and building administrator
     
    4. re-entry contract signed
     
    5. student privileges may be revoked
     
    B. Second Offense
     
    1. 8 day suspension
     
    2. meeting with student and student assistance coordinator during suspension period
     
    3. re-entry meeting after suspension period with parent/guardian, student, student assistance coordinator, and building administrator
     
    4. re-entry contract signed
     
    5. student privileges may be revoked
     
    C. Third Offense
     
    1. 10 day suspension
     
    2. Central Administration discipline hearing
     
    3. possible expulsion referral
     
    4. student privileges will be revoked
     
     
    Student found Possessing, Distributing and/or Selling a Chemical Substance or Drug Paraphernalia
     
    A. Any staff member observing a student who appears to be in possession of a chemical substance or drug paraphernalia must report the observed student’s behavior immediately to the building administrator. The staff member must notify the main office by intercom or in writing that assistance is required immediately.
     
    B. The building administrator shall escort the student to the main office.
     
    C. The building administrator shall notify the superintendent of schools or his/her designee, the parent/guardian, and the appropriate law enforcement agency. He/she must also complete a Violence, Vandalism and Substance Abuse Incident Report to be submitted to the superintendent of schools.
     
    D. The student will be suspended for ten days and removed from the building by the appropriate law enforcement agency. The student’s parking privilege will be revoked for the balance of the school year.

    E.The student is required to submit to a chemical substance screening as delineated in these procedures to rule out chemical substance use. After the school receives the results of the chemical substance screening, the parent/guardian is required to contact the building’s student assistance coordinator within 24 hours to set up a parent/child assessment meeting during the ten (10) day suspension period. Failure to comply will result in further disciplinary action.
     
    F. The superintendent of schools may extend the suspension and/or initiate expulsion proceedings in accordance with BOE policy.
     
     
    Drug Free School Zone Law
     
    The Drug Free School Zone Law deals with the distribution or possession with intent to distribute controlled dangerous substances within 1,000 feet of a school or on school property or a school bus. In cases where the offense involves less than one ounce of marijuana distributed or intended for distribution, the law requires a sentence of at least one (1) year, which is a mandatory minimum term to be imposed. In all other cases, the statute calls for a mandatory minimum sentence of at least three (3) years.
     
    Authority
     
    New Jersey law (N.J.S.A. 18A-40-4.1) mandates an immediate examination of students suspected of using a chemical substance for the purpose of diagnosing whether the student is under the influence of a chemical substance. If it is determined the student is under the influence of a chemical substance, a report must be furnished to the New Jersey State Department of Health, and the student cannot resume attendance at school until a written medical report is submitted certifying that substance abuse no longer interferes with the student’s physical and mental ability to perform in school.
     
    Because other variables may be the cause of symptoms associated with substance abuse, determination of a student being under the influence of a chemical substance is not always possible without an examination by a physician. State law (N.J.S.A. 18A:40-4.2) recognizes this difficulty and provides protection in stating that “no action of any kind in any court of competent jurisdiction shall be
    against any teaching staff member, school nurse ,other educational personnel, medical inspector, examining physician, other office or agent of the board of education, or personnel of the emergency room of a hospital because of any action taken by virtue of the provisions of this act (N.J.S.A.18A:40-4.1), provided the skill and care given is that ordinarily required and exercised by other teaching staff members, nurses, educational personnel, medical inspectors, physicians, or other agents of the board of education or emergency room personnel.”

     
    Smoking/Chewing Tobacco
     
    New Jersey State and the Board of Education prohibit smoking on school property and at any school activity (i.e.: prom, field trips, etc.) “Smoking” means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, including the use of smokeless tobacco
    and snuff, or the inhaling or exhaling of smoke or vapor from an electronic smoking device. “Electronic smoking device” means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe. There are no approved smoking areas.
     
    Violation of the rules regarding the use of smoking/chewing tobacco will result in detention and/or suspension and dismissal from the sport or activity for each occurrence. In addition, violations of New Jersey law and local municipal law will subject the student to possible legal penalties.
     
    Smoking cessation programs are offered by the school to any student who violates the smoking/chewing tobacco policy and/or any student who wants to quit smoking/ chewing tobacco.