SUBSTANCE ABUSE POLICY
Policy # 5131.6
The fundamental purpose of
our educational process is to foster the intellectual, emotional, social, and the
physical growth of each child. In fulfilling this purpose, the Somerset Hills
Board of Education accepts the responsibility to provide a safe environment
free of drugs within our schools and in
the drug free school zone and to assist our students to learn to lead
drug-free lives.
The intent of this policy is
preventative and therapeutic rather than judgmental or punitive. The Board of
Education shall accomplish this intention by providing a comprehensive chemical
health education curriculum in accordance with existing Department of Education
guidelines as well as an identification and referral process for those students
who are affected by chemical use problems. Therefore, the superintendent or
designee shall direct development of prevention instruction and procedures to
meet these goals.
Any student under the
influence of drugs, alcohol and/or anabolic steroids, or exhibiting symptoms of
a chemical use problem or involved in the possession, sale or distribution of
drugs, alcohol, anabolic steroids and controlled dangerous substances, mood
altering chemicals or related paraphernalia shall be subject to the specific
procedures, sanctions, disciplinary action(s) and due process provisions for
violations of the drug and alcohol policy.
For the purpose of this
policy, substance and substance abuse shall mean:
“Substance” shall mean
alcoholic beverages, controlled dangerous substances (as defined in section 2),
anabolic steroids or any chemical or chemical compound which releases vapors or
fumes causing a condition of intoxication, inebriation, excitement,
stupefaction or dulling of the brain or nervous system including, but not
limited to, glue containing a solvent having the property of releasing toxic
vapors or fumes as defined in Section I of P.L. 1965…
“Substance Abuse” shall mean
the consumption or use of any substance as defined herein for purposes other
than for the treatment of sickness or injury as prescribed or administered by a
person duly authorized by law to treat sick and injured human beings.
Student and/or parent
refusal to cooperate with any and all phases of the substance and substance
abuse policy and procedures will lead to exclusion from school and shall be
deemed a violation of the compulsory education (N.J.S.A. 18:38-25 and
N.J.S.A.18A:38-31) and/or child neglect (N.J.S.A. 9:6-1 et seq.) laws. This
policy shall be implemented in compliance with 42 CFR, Part II.
BUILDING BASED PROGRAMS
Building-based programs will be developed district-wide, to provide services to students whose academic careers are being adversely affected. The purpose of these programs will be to address individual learning difficulties, emotional well-being, and alcohol/drug dependency issues. The function of the building-based intervention programs is to develop educational/behavioral strategies and to provide crisis intervention, assessment, referral, and/or short-term counseling. These programs include the building-based intervention team titled Pupil Assistance Committee (PAC). The membership of this team shall include, but is not limited to: the building principal or designee, regular education teacher, and a school staff member selected from each of the following professional titles: guidance counselor, learning disabilities teacher consultant, school nurse and school social worker/student assistance counselor.
Staff members who have
direct educational responsibility for the student referred may be added as
ad-hoc members on an as needed basis.
The provision of these services
adheres strictly to the Federal Confidentiality guidelines as stated in 42 CFR
#2.12(c)(3) in reference to substance abuse diagnosis, treatment, or referral
for treatment. The building-based intervention teams will follow procedures set
forth in N.J.S.A. 18A:4-15, 18A:7A-10.
The Board of Education is
committed to provide the training of professional staff members necessary to
carry out this curriculum. In addition, the Board of Education will provide
training to professional staff members in the recognition of symptoms of
substance use and substance abuse. Such training may be conducted in
cooperation with local police officials. Training of staff members shall be
reinforced and updated annually.
FAMILY LIVING/CHEMICAL HEALTH CURRICULUM
All students shall be given
instruction on the nature of tobacco, alcohol, drugs, anabolic steroids,
dangerous substances and their effects on the human system and the laws
relating to these subjects. Such instruction shall be at least as comprehensive
as, but not limited to, the program prescribed in N.J.S.A. 18A:40A-11 or in any
other legislation which may be subsequently enacted on the subjects of this
policy.
An education curriculum,
grades K-12, emphasizing primary prevention of alcohol and drug abuse and related
issues shall be used, providing students with information and developmental
exercises regarding substance and substance abuse. A minimum of ten clock hours
per school year of drug and alcohol education shall be provided pursuant to
N.J.S.A. 18A:4-2.8.7. The elementary school shall incorporate into its
curriculum drug and alcohol education appropriate for the pupils' age,
maturity, and grade level in accordance with existing Department of Education
guidelines.
As a result of participation in the chemical
health education portion of the curriculum, students will demonstrate a knowledge of substance use and abuse, chemical dependency
and co-dependency to aid in making decisions about drugs and alcohol throughout
their lives. Activities are designed to enable students to enhance their
self-esteem, evaluate their own capabilities, and develop coping skills for use
in stressful situations. The development of effective interpersonal,
decision-making and refusal skills is emphasized through participation in various
scenarios duplicating real-life situations.
SUBSTANCE AND SUBSTANCE
ABUSE IDENTIFICATION/REFERRAL
PRACTICES AND PROCEDURES
I. Procedure when a student confides in a staff member
that he, she or a family member has a substance and substance abuse problem:
A.
The staff member should indicate concern for the student and suggest
that a self-referral be made to the student assistance counselor.
B.
If the student is resistant to the above, the staff member shall
consult with the student assistance counselor.
C.
Matters will be kept confidential except when disclosed pursuant to
N.J.S.A. 18A:40A-7.1.
II. Procedure when a student is suspected of having a
substance and substance abuse problem:
A. When there are observable behaviors
that may be indicative of a substance and substance abuse problem, the
referring staff member shall consult with the school nurse in order to
determine whether there are health related causes for these behaviors. In addition, the staff member may wish to
consult with other staff, i.e., administrators, guidance counselors, teachers
etc.
B.
If the student's behavior continues to cause concern, the staff member
shall consult with the student assistance counselor. When necessary, a behavioral
checklist shall be requested from respective staff. The school's PAC Team shall then meet to
assess the reported behavior. The
principal will be made aware of students being discussed by the PAC Team.
C. If, as a result of the PAC Team assessment it appears probable that the student's behavior is caused by a substance and substance abuse problem, the principal shall be notified of such findings. A conference with a student, parent(s), student assistance counselor, and if necessary, the principal or his/her designee will be arranged at which time the student shall be referred to an outside resource approved by the Department of Health to conduct a diagnostic assessment for substance and substance abuse. The findings of this assessment shall be submitted in writing to the student assistance counselor within a timely period. The principal has the authority to mandate the foregoing requirements as a condition for remaining in school.
D.
If it is determined that the student is in need
of a more extensive evaluation and/or treatment for a substance and substance
problem, the principal has the authority to mandate that this requirement be
met as a condition for remaining in school.
III. Procedure
when it appears to a staff member that a student may be under the influence of
substances as defined herein during school hours or during school activities.(N.J.S.A 18A:40A-12)
A. The
staff shall immediately notify the building principal, or in his/her absence, an
administrator designated by the principal and the nurse. The principal or
designee shall immediately notify the superintendent of schools.
B.
The principal shall arrange for a staff member to escort the student to
the nurse's or principal's office. The transfer of the student shall be made in
an orderly and tactful fashion and in as a discrete a manner as possible. No staff member other than the school nurse
or medical inspector shall conduct any independent medical examination of the
student. Physical restraint or force shall only be used as reasonable and
necessary to:
1.Quell a
disturbance threatening physical injury to self or others;
2.Obtain possession of weapons or
other dangerous objects upon the student or within the control of the student;
3. For the purpose of self defense;
or
4. For the
protection of persons or property.
C.
The principal will consult with the school nurse, the student
assistance counselor and any other staff member necessary to determine if there
are health-related causes for the student’s behavior. When health-related
causes can be substantiated, the nurse will follow the procedure for first aid
and emergency care.
D.
If health-related causes for the student's behavior can be ruled out,
the principal shall take the following steps:
1. Notify
the parent/guardian and the chief school administrator and arrange for an
examination of the student to be completed immediately following
parental/guardian contact. This examination must include a urine and /or blood
collection for drug/alcohol screening and/or anabolic steroids through QUEST
Labs located in Bernardsville.
The medical
examination will occur in the following order of preference:
a.
by the school physician
b. by the student’s private
physician
c.
if such physician is not immediately available, the
student shall be taken to the nearest hospital for examination, accompanied by the student’s parent or
guardian, if available or by a member of the school staff designated by the
principal. If the student is
uncooperative, and/or if it appears that the student will be difficult to
transport, then the local police and/or emergency squad will be called and
asked to transport the student to the hospital.
2.
When necessary, arrange for the student to be taken to his or her home
as soon as possible following the examination, after it has been verified that
a parent or guardian will be home to receive the student. The student is to
remain at home for up to 24 hours at which time a written report of the medical
examination including an urinalysis/blood analysis for
drug/alcohol and/or anabolic steroids shall be furnished to the
parent/guardian, principal, and chief school administrator by the examining
physician within this 24 hour time period.
3. If the
written report of the medical examination, including a report of the
urinalysis/blood
analysis, is not submitted to the parent or guardian, principal, and chief
school administrator within 24 hours, the pupil shall be
allowed to return to school
pending a receipt of a positive diagnosis of alcohol or
other drugs.
4.
If there is a
positive diagnosis from the medical examination indicating that the pupil is
under the influence of alcoholic beverages or other drugs excluding anabolic
steroids, the pupil shall be returned to the care of parent or guardian as soon
as possible. Attendance at school shall not resume until a written report has
been submitted to the parent or guardian of the pupil,
the principal, and chief school administrator from a
physician who has examined the pupil to diagnose alcohol or other drug use. The
report shall certify that substance abuse no longer interferes with the pupil's
physical and mental ability to perform in school. In addition, the staff member shall complete
the Violence, Vandalism and Substance Abuse Incident Report. In the case of a
positive diagnosis, the parent/guardian will be responsible for all screening
costs.
a. If the results of the medical examination are negative,
the student shall be permitted to resume
classes immediately and no legal
action can be taken against any individual involved in this
procedure. (N.J.S.A. 18A:40-13 and
N.J.S.A. 18A:40A-14) In the case of a
negative diagnosis,
the school district will be
responsible for all screening costs.
b. If the medical examination
reveals that the student was under the influence of a mood-altering chemical,
except an anabolic steroid, Level I procedures shall be enforced:
(Refer to the attached
Substance Abuse Policy Violation Consequences Chart)
Level I: Being Under the Influence
First Offense
1. 10 school day Out-of-School (
2. Complete extended substance evaluation at
Treatment Dynamics(Refer to attached Extended Substance Abuse Evaluation
Overview)
3.
Must comply with substance abuse program recommendations
4. Mandatory re-admittance conference with
student, parents, administration and
Student Assistance Counselor (SAC)
5. Weekly meeting with SAC for one month after
re-admittance
6. Follow-up urine screening after one month
following re-admittance
Subsequent Offenses
1. Minimum 20 school day
2. Complete extended substance evaluation at Treatment Dynamics
(Refer to attached Extended Substance
Abuse Evaluation Overview
3. Must comply with substance abuse program
recommendations
4 Hearing before the Somerset Hills Board of
Education
5 Referral to alternative to suspension program at Somerset County
Alternative Academic
High School
6. Mandatory re-admittance conference with
student, parents, administration and SAC
7. Weekly meeting with SAC for two months
after re-admittance
8. Follow-up urine screening after one month and
after two months following re-admittance10 school day Out-of-School (OSS)
Note: When a student continues to attend school
under the influence of a mood-altering chemical and/or refuses the services
offered through the student assistance program, further administrative action,
including expulsion, might result. (N.J.S.A. 18A:37-2)
c.
If there is a positive diagnosis from the medical examination indicating
the student is under the influence of anabolic steroids, that the pupil is
under the influence of anabolic steroids, the following will be implemented:
(1) The physician who
examined the student shall submit his/her written report to the pupil's parent/guardian, the
principal, and the chief school administrator, in a timely manner.
(2) The staff member shall
complete the Violence, Vandalism, and Substance Abuse Incident Form.
(3) The student will serve a
ten-day out of school suspension.
(4) The student assistance
counselor will assist the student and his/her family through the recovery
process and will refer the student for assessment/treatment to a community
agency approved by the State Department of Health.
9.
If it is determined, through outside evaluation, that a student has a
substance abuse problem, the student's continuum of alcohol/drug treatment will
be monitored by the student assistance counselor. He/she will provide support
service for pupils who are in care, or returning from care for substance abuse.
IV. Procedure when a student is involved in the trafficking or possession of “alcohol, drugs, and/or controlled dangerous substances” in accordance with criminal law (N.J.S.A. 2C:33-15 to 17 and 2C:35-5 and 2C:35-10; N.J.S.A. 18A: 40-A-12) Level II or III procedures shall be enforced:
(Refer to the attached Substance
Abuse Policy Violation Consequences Chart)
Level II: Student in
possession of substances for personal use within the drug free school zone
or
at school events:
First
Offense
1. Notify the local police, file a formal
complaint and follow the procedures set forth in the "Memorandum of
Understanding Between Education and Law Enforcement Officials,1999.”
(Refer
to attached Extended Substance Abuse Evaluation Overview)
Subsequent Offenses
"Memorandum of Understanding Between Education and Law Enforcement
Officials, 1999.”
(Refer
to attached Extended Substance Abuse Evaluation Overview)
"Memorandum of Understanding Between Education and Law Enforcement
Officials, 1999.”
1.
Notify the local police, file a formal complaint and follow the
procedures set forth in the
"Memorandum
of Understanding Between Education and Law Enforcement
Officials, 1999.”
2.
Expulsion from
3.
Complete extended substance evaluation at Treatment Dynamics
(Refer to attached Extended Substance Abuse
Evaluation Overview)
4.
Must comply with substance abuse program recommendations
5.
Hearing before the Somerset Hills Board of Education
6.
Referral to
V. If school personnel have any suspicion
or becomes aware of significant substance or substance abuse in a
student’s family, the school personnel will contact the student assistance
counselor, who will see the student for assessment purposes, without parental
notification.
The student assistance
counselor will assess for potential family substance abuse. If he/she determines that there is evidence
to indicate child abuse or neglect, he/she will make a referral to the Division
of Family and Youth Services. School personnel will work cooperatively to
develop an appropriate intervention plan for the student and his/her family.
If the student assistance
counselor determines that there is active substance abuse in the student’s
family, he/she will make every effort to engage the student’s family in
treatment. If the family refuses
treatment or referral to self-help groups, the student assistance counselor
will encourage the student’s parent(s) or guardian(s) to consent to the student
assistance counselors on-going involvement with the
student.
VI. The district is committed to assuring the safety and
welfare of its students. If a school employee shall become aware that a parent
or guardian has arrived apparently intoxicated, to drive a student home, the
employee should contact the building principal immediately, to advise him/her
of the situation.
The principal or his/her designee will contact the
local police department and report that a driver who appears to be intoxicated
has arrived at school. The principal will not release the student to the
parent. The principal will inform the
parent/guardian that the student will not be released due to the suspicion that
the parent is intoxicated. The principal will contact the superintendent and the
student assistance counselor, to advise them of the situation.
VII The district will assure provision of parent/guardian
substance abuse educational programs at
times and places convenient to the
parents of the district, on school premises or at other facilities.
VIII.
The Board of Education shall annually review the effectiveness of its
substance and substance abuse policies and procedures. The Board of Education shall solicit
community input and shall consult with local agencies approved by the State
Department of Health in the review process.
Substance and substance
abuse policies and procedures for discipline, evaluation, intervention and
referral to treatment of students shall be made available to all school staff,
students and parents or guardians via the student handbook.
IX. If a parent or guardian is in disagreement with the
application or implementation of any of the
above
policies, he/she may request a meeting with the superintendent of schools, as
per standard
due
process procedure.
Reference: N.J.S.A. 18:38-25
N.J.S.A. 18A:38-31
N.J.S.A. 9:6-1
N.J.S.A. 18A:4-15
N.J.S.A. 18A:7A-10
N.J.S.A. 18A:40A-11
N.J.S.A. 18A:4-2.8.7
N.J.S.A. 18A:40A-7.1
N.J.S.A. 18A:40A-12
N.J.S.A. 18A:40-13
N.J.S.A. 18A:40A-14
N.J.S.A. 18A:37-2
N.J.S.A. 2C:33-15 to 17, 2C:35-5,
2C:35-10
N.J.S.A. 18A:40-A-12
|
|
Notify Police |
Extended Substance Evaluation |
Comply w/ Program Recommendations |
Disciplinary Consequences |
Board Hearing |
Alternative School |
Re-Admittance Conference |
SAC |
Urine Screen |
|
Under the Influence (First Offense) |
|
X |
X |
10 School Day |
|
|
X |
X Weekly for one month |
X One month after re-admittance |
|
Under the Influence (Subsequent Offenses) |
|
X |
X |
Minimum 20 School Day |