5530 - SUBSTANCE ABUSE

New Albany - Plain Local School District

Bylaws & Policies

5530 - SUBSTANCE ABUSE
Student Alcohol & Other Drugs

	A.	Philosophy Statement

		The District recognizes its responsibility to provide all students with an environment conducive to the development of their maximum learning potential. The presence of alcohol and other drugs in the school or students with alcohol and other drug problems is a deterrent to learning, thereby limiting, interfering with, or inhibiting the primary responsibility vested in the educational system.

		The District is concerned about the disruption of the learning environment of all students exposed to alcohol and other drug-related behaviors. The district is concerned about the health of its students. Students adversely affected by alcohol and other drugs in the schools increase the likelihood that the safety and well-being of our students will be disrupted through accidents, fights, absenteeism, poor academic performance, chronic discipline problems, etc.

		The Board of Education recognizes student alcohol and other drug use as wrong and harmful. Student alcohol and other drug use is a community problem requiring a community solution. Since the District is an integral part of the community, it is in the best interest of the community that steps be taken to promote, enhance, and maintain a drug-free school environment. The District also recognizes that alcohol and other drug use may lead to addiction. In response, it is our policy to provide discipline as well as positive action to address alcohol and other drug use and/or dependency.


		In developing this policy, the Board has tried to maintain a balance between compassion and aid to the students suffering from alcohol and other drug use and the protection of the academic environment of students who wish to learn. It is recognized that the rights of students who do not use alcohol and other drugs must be protected. They should not have to be exposed to the possibility of being involved in illegal activities. The Board recognizes that the rights of administrators and teachers to perform their duties must be protected. They must take their place as educators and not perform the duties of police or a diagnostician. Additionally, it is important to recognize that the District is not a treatment program. Diagnosis, treatment, and aftercare are complex processes that require trained specialists. Instead, our goals are education/prevention, intervention/referral, and support/guidance.

		The Board is responsible for establishing a policy and directing its implementation. It carries out these duties through the District administrators and the Drug-Free Schools Program Coordinator's office. The Board calls upon the administrators, faculty, staff, parents, and students to collectively ensure the policy's success.

	B.	Policy Statement

		The Board shall not permit any student to possess, transmit, conceal, consume, show evidence of having consumed or used, or offer for sale any alcoholic beverage, illegal drugs, unprescribed drugs, or look-alike drugs of any mind-altering substance while on school grounds or facilities, at school-sponsored events, in other situations under the authority of the District, or in controlled vehicles. Included in this prohibition are any substances represented as a controlled substance, nonalcoholic beers, steroids, tobacco and tobacco products, and drug paraphernalia.

		Students found in violation of this policy will be subject to disciplinary action as described within the student code of conduct up to and including expulsion and referral for prosecution. A reduction in penalty may be granted if the student receives professional assistance. Professional assistance may include but not be limited to an alcohol/drug education program, assessment with follow-through based on the assessment findings, counseling, outpatient treatment, or impatient treatment. Students who need to take prescription or nonprescription medications must adhere to the policies described within the Student Handbook.


C.	Education/Prevention

	The District will take a comprehensive, progressive, age-appropriate approach in the development of curricula and programs which promote positive life skill development and an awareness of the consequences associated with alcohol and other drug-use. The guidelines, goals, and objectives for prevention/education development will be based on information provided through our local advisory board, the Ohio Department of Education, and the Ohio Prevention and Education Resource Center.

	Additionally, opportunities for continued alcohol and other drug use prevention and intervention staff training and awareness will be made available in order to enhance the consistent implementation and success of this policy.

D.	Intervention/Referral

	It shall be the policy of the District to provide an intervention process designed to address problem behaviors that may indicate alcohol and other drug use. Intervention strategies will reflect a collaboration of staff administrators, guidance counselor, and the Drug-Free School Program Coordinator. Intervention strategies will be initiated but not limited to the following circumstances:

	1.	Students seeking help.

	2.	Students exhibiting inappropriate, unusual, or atypical behavior.

	3.	Disciplinary action involving violations of this policy and the student code of conduct.

	A working relationship will exist among the District and local professional helping agencies in order to enhance familiarity, communication, referral, and follow-up.

	Students successfully completing an inpatient treatment program will not be penalized for days missed from school. Students will be recognized as absent due to medical reasons. Every effort will be made by the District to maintain contact with the treatment agency and provide academic instructional materials. Additionally, every effort will be made by the District to assure the student's successful transition back into the school atmosphere.


	E.	Support/Guidance

		The District recognizes the importance of guidance activities which provide support to students who are experiencing problems, either directly or indirectly, due to alcohol and other drug use. Therefore, programs will be utilized as a means of providing support and guidance to students within the school environment. Such activities may also be provided which promote drug-free lifestyles and support for students who are concerned about a loved one's alcohol or other drug use.

	F.	Parent/Community

		Parent involvement must coincide with school efforts in order for significant and consistent positive impact on student alcohol and other drug use to occur. Therefore, through the community arm of our Drug-Free Schools Program and guidance plan, parent education programs shall be made available to the community. These programs will focus on parental prevention and intervention strategies.

	G.	Drug-Free Schools Program

		The District has identified the guidance counselor as the Drug-Free Schools Program Coordinator. This position provides the District with assurance of policy development and implementation as well as comprehensive program planning and services to meet the concerns of students, parents, community, and faculty.

		1.	Intervention and support programs and activities.

		2.	Curriculum and resource development.

		3.	Student involvement programs and activities.

		4.	Community awareness and advocacy.

H.		Student and Parent Notification
		At the beginning of each school year, the student code of conduct is reviewed with every student as part of the orientation process. Compliance with these standards of conduct are mandatory and require a parent signature each year in order to ensure parental support and compliance.



I.	General Code: Drug Violations - Responses

	During any hours a students is on school premises, in authorized transportation, or at any school-sponsored activity held on or off school premises, students shall not possess, buy, sell, use, supply, transmit, apply, or be under the influence of any mind-altering chemical of any kind. "Possession" includes, without limitation, retention on the student person or in purses, wallets, lockers, desks, or automobiles parked on school property. "Under the influence" is defined as manifesting signs of chemical misuse such as staggering, reddened eyes, odor of chemicals, nervousness, restlessness, memory loss, abusive language, falling asleep in class, or any other behavior not normal for the particular student. "Mind-altering chemical" includes, without limitation, narcotics, depressants, stimulants, hallucinogens, counterfeit controlled substances, marijuana, alcohol, and prescription drugs, unless authorized by a medical prescription from a licensed physician and kept in the original container, which container shall state the student's name and the directions for proper use.

	Violations of this rule are cumulative within each of the following periods of academic life: (1) grades K through 5; (2) grades 6 through 8; and (3) grades 9 through 12.

	1.	Possession, purchase, use, application, or being under the influence:

		a.	First Offense

			1)	A parent or custodian (hereafter referred to as "parent") of the student will be immediately notified of the incident and will be directed to remove the student from school pending a suspension hearing, which shall be held within seventy-two (72) hours of the order of removal.

			2)	The principal or principal's designee will notify the student and the student's parent in writing of an intent to suspend and will arrange a suspension hearing among the student, the student's parent, and the principal.

	3)	Law enforcement officials will be notified as permitted by law.

	4)	The principal will suspend the student for ten (10) days in compliance with all requirements of law, which suspension may be reduced to no less than three (3) days if the following occur: (1) the student proceeds to be evaluated by a chemical dependency professional approved by the District; (2) the student agrees to follow any appropriate treatment, which may include but not be limited to required attendance at support groups; and (3) the professional satisfactorily notifies the principal of the foregoing.

b.	Second Offense

	1)	A parent of the student will be immediately notified of the incident and will be directed to remove the student from school pending an expulsion hearing, which shall be held within seventy-two (72) hours of the order of removal.

	2)	The principal will recommend that the Superintendent expel the student in compliance with all requirements of law.

	3)	Law enforcement officials will be notified as permitted by law.

	4)	The Superintendent will notify the student and the student's parent in writing of an intent to expel and will arrange an expulsion hearing among the student, the student's parent, and the principal.


		5)	The Superintendent will expel the student in compliance with all requirements of law, which expulsion may be reduced to no less than ten (10) days if the following occur: (1) the student is evaluated by a chemical dependency professional approved by the District; (2) the student is receiving any appropriate treatment, which may include but not be limited to support groups; and (3) the professional satisfactorily notifies the Superintendent of the foregoing.

	c.	Third Offense

		1)	A parent of the student will be immediately notified of the incident and will be directed to remove the student from school pending an expulsion hearing, which shall be held within seventy-two (72) hours of the order of removal.

		2)	The principal will recommend that the Superintendent expel the student in compliance with all requirements of law.

		3)	Law enforcement officials will be notified as permitted by law.

		4)	The Superintendent will notify the student and student's parent in writing of an intent to expel and will arrange an expulsion hearing among the student, the student's parent, and the Superintendent.

		5)	The Superintendent will expel the student in compliance with all requirements of law.

2.	Selling, Supplying, or Transmitting

	A first incident of selling, supply, or transmitting mood-altering chemicals shall be treated as either a second or third offense (see above paragraphs b. and c.) depending on the circumstances and disciplinary history of the student.


	All staff members in the District will be informed of their responsibility for reporting and liability for not reporting all violations of this rule to a building administrator. Staff will have the information and administrative procedures necessary to fulfill their responsibilities.

3.	Counterfeit Controlled Substances

	Students in violation will be subject to the responses outlined in the drug responses paragraph.

	"Counterfeit controlled substance" means any of the following:

	a.	any drug that bears, or whose container or label bears, a trademark, trade name, or other identifying mark used without authorization of the owner of rights to such trademark, trade name, or identifying mark

	b.	any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed, pack, or distributed by a person other than the person that manufactured, processed, packed, or distributed it

	c.	any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance

	d.	any substance other than a controlled substance that a reasonable person would believe to be a controlled substance because of its similarity in shape, size and color, or its markings, labeling, packaging distribution, or the price for which it is sold or offered for sale

4.	Prohibitions

	a.	Students shall not knowingly possess any counterfeit controlled substance.

	b.	Students shall not knowingly make, sell, offer to sell, or deliver any substance that they know is a counterfeit controlled substance.


	c.	Students shall not make, possess, sell, offer to sell, or deliver any punch, die, plate, stone, or other device knowing or having a reasons to know that it will be used to print or reproduce a trademark, trade name, or other identifying mark upon a counterfeit controlled substance.

	d.	Students shall not sell, offer to sell, give, or deliver any counterfeit controlled substance to a person under the age of eighteen (18).

	e.	Students shall not directly or indirectly represent a counterfeit controlled substance as a controlled substance by describing its effects as the physical or psychological effects associated with use of a controlled substance.

	f.	Students shall not directly or indirectly falsely represent or advertise a counterfeit controlled substance as a controlled substance. As used in this section, "advertise" means engaging in "advertising" as that term is defined in R.C. 3715.01(A)(12).

R.C. 2925.37, 3313.60(E), 3313.661, 3313.662, 3313.752, 3313.95, 3319.012
Public Law 101 - Drug Free Schools and Communities Act of 1986
20 U.S.C. 3171 et seq.
20 U.S.C. 3224A

Revised 10/22/90
Revised 8/23/93
Reviewed 6/94; Readopted 7/94