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LAKE PEND OREILLE SCHOOL DISTRICT #84 Page 1 of 5
BOARD POLICY Code No.: 504.7
Series: 500 - Student Personnel Adopted: July 16, 1991 Section Title: Student Rights and Revised: March 10, 1992 Responsibilities Revised: January 10, 1995 Revised: July 9, 1996 Title: DRUG, ALCOHOL, TOBACCO Revised: June 9, 1997 Revised: August 26, 1997 Revised: October 27, 1998 Revised: March 28, 2001 Revised: February 27, 2007 INTRODUCTION It is the Idaho Legislature’s intent that parental involvement in all aspects of a child’s education in Idaho public schools be part of each school district’s policy. Drug prevention programs and counseling for students under the custody and care of the public schools are included in this intent.
Students are prohibited from consumption, delivery of, or being in possession of or under the influence of these substances as herein defined or other intoxicants on school property or at a school function.
The District believes that prevention is an important key in community responsibility. The District will provide age appropriate, research-based drug and alcohol education for all students K-12. The District will continue to provide parental education on drugs and alcohol, to educate on the effects of uncontrolled substances and to identify symptoms of use within their own home. Parents will also be provided with communication techniques to facilitate further discussion at home.
DEFINITIONS “Controlled substances” are any drug or chemical substance whose possession and use are controlled by the law. Such drugs include those classified as narcotics, stimulants, depressants, hallucinogens and cannabis.
“Drug” includes any alcohol or malt beverage, any tobacco
product, any controlled substance, any illegal substance or mood altering
substance, and/or any abused substance.
“Drug paraphernalia'” means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.
“Intervention trained” staff members include those district employees and independent contractors who have completed a state accredited course related to illegal drugs, their physical characteristics, physiological effects, and how student behavioral changes typically associated with the use of such products may be evidenced in the classroom. Any district employee or independent contractor who has had a minimum of two (2) years experience as an intervention team member prior to May 31, 1997, is exempt from any additional training requirement.
“Reasonable suspicion” means an act of judgment by an intervention-trained district employee or independent contractor that leads to a reasonable and prudent belief that a student is in violation of “use” or “under the influence” provisions of Idaho Code Section 37-2732C, which defines controlled substances. The fact that a student has previously disclosed use of a controlled substance will not be deemed a factor in determining reasonable suspicion at a later date. An intervention-trained individual will not use reasonable suspicion solely for the purpose of intentional harassment of a difficult student.
“School premises” includes all buildings, facilities and property owned or leased by the district, school buses and other school vehicles, and the location of any school-sponsored activity or function.
POLICY Students attending school in this district will not use, possess, sell, buy, or distribute drugs, including alcohol, tobacco, controlled substances, or related paraphernalia, on school premises or at a school function.
VOLUNTARY DISCLOSURE Any student who voluntarily discloses using or being under the influence of any controlled substances before he or she is reasonably suspected to be in violation of the law and this policy will be provided anonymity to the extent that:
1. Disclosure is held confidential on a faculty need-to-know basis; 2. Notification is provided to parent/guardian; and 3. Notification is provided to the district prevention specialist and/or designee. 4. Available counseling is recommended and offered at the school level.
However, it is not the intention of this policy on confidentiality to protect students who are deliberately violating the law by using, possessing, or distributing drugs on school premises or at school functions.
REFERRAL TO LAW ENFORCEMENT Any student exhibiting inappropriate behavior that suggests “possessing,” “using” or “being under the influence” of controlled substances will be immediately escorted by a district employee to an administrator or designated intervention trained staff member for interviewing and observation. Except in the case of an emergency, the student will not be left unattended and will not be allowed to leave the school premises.
After a student is reasonably suspected of being in violation of the law and this policy, the building administrator or designee will immediately notify the local law enforcement agency. The district employees will cooperate fully with any law enforcement investigation. This includes but is not limited to providing access to lockers, desks, and other school property. Documentation of the incident, including an oral and/or written record will be provided to the law enforcement agent and placed in the student’s discipline record.
Any student who is reasonably suspected of being in violation of the law and/or this policy and refuses the building administrator’s request to undergo a drug and/or alcohol evaluation by an intervention trained staff member, local law enforcement, or a Nationally Certified Drug Recognition Expert will be considered insubordinate, see Board Policy 504.1, and suspended for up to five days.
ENFORCEMENT PROCEDURES ALCOHOL AND CONTROLLED SUBSTANCES
FIRST OFFENSE - ALL GRADES 1. Law enforcement will be contacted. The student’s parents/guardian will be contacted as soon as possible following violation of this policy. When police are involved, they make the decision if and when parents/guardians are called.
2. Student will be suspended for 5 days pending a re-entry meeting with the District Superintendent, a building administrator or designee, the district prevention specialist, parent/guardian and student.
3. Following the re-entry meeting, the Superintendent shall make a written determination based on the severity of the violation. That determination may include but not be limited to the imposition of restrictions singularly or in combination of any of the following: (1) random drug testing; (2) behavioral contract; (3) denial of participation in extra curricular activities for 2 weeks (507.6); (4) counseling; (5) night school; (6) substance abuse intervention classes, (7) community/school service; or (8) an expulsion from school.
4. The determination of the Superintendent shall be subject to any applicable procedure required by law.
SECOND OFFENSE - ALL GRADES 1. Law enforcement will be contacted. The student’s parents/guardian will be contacted as soon as possible following violation of this policy. When police are involved, they make the decision if and when parents/guardians are called.
2. The student shall be referred to the Board of Trustees for expulsion. Student found to be in violation may be expelled for one calendar year.
ENFORCEMENT PROCEDURES TOBACCO
FIRST OFFENSE - ALL GRADES 1. Law enforcement will be contacted. The student’s parents/guardian will be contacted as soon as possible following violation of this policy. When police are involved, they make the decision if and when parents/guardians are called.
2. Student will be suspended, in-house, for two (2) days.
3. Student shall be
4. Student will be required to attend a tobacco education program provided by appropriate district staff.
SECOND OFFENSE - ALL GRADES 1. Law enforcement will be contacted. The student’s parents/guardian will be contacted as soon as possible following violation of this policy. When police are involved, they make the decision if and when parents/guardians are called.
2. Student shall be suspended, in- house, for four (4) days.
3. Student shall be denied participation in extra curricular activities for 2 weeks (507.6)
4. Student shall research and write an essay (length to be determined by school administration) on the dangers of smoking.
THIRD OFFENSE - ALL GRADES1. Law enforcement will be contacted. The student’s parents/guardian will be contacted as soon as possible following violation of this policy. When police are involved, they make the decision if and when parents/guardians are called.
2. Student will be suspended as provided by law pending a re-entry meeting with the District Superintendent, a building administrator or designee, the district prevention specialist, parent/guardian and student.
3. Following the re-entry meeting, the Superintendent shall make a written determination based on the severity of the violation. That determination may include but not be limited to the imposition of restrictions singularly or in combination of any of the following: (1) random drug testing; (2) behavioral contract; (3) be restricted from any extra-curricular performances/contests/events for the remainder of that season and the next two consecutive seasons or one (1) calendar year; (4) counseling; (5) night school; (6) substance abuse intervention classes, (7) community/school service; or (8) an expulsion from school.
4. The determination of the Superintendent shall be subject to any applicable procedure required by law.
STUDENTS WITH DISABILITIES Suspensions and expulsions of students with disabilities as defined by Public Law 94-142 and subsequent amendments, (Individuals with Disabilities Education Improvement Act of 2004), Section 504 of the 1973 Rehabilitation Act, and the Americans with Disabilities Act will follow federal guidelines as well as the provisions of this policy.
IMMUNITY FOR GOOD FAITH IMPLEMENTATION Intervention trained specialists who implement this policy in good faith and with appropriate foundation are immune to the extent provided by law from civil liability.
LEGAL REFERENCE: Idaho Code Sections 18-1502 33-205 20-516 33-210 37-2701
37-2705 37-2732C Drug-Free Schools and Communities Act of 1988 PL 100-690 and all subsequent amendments Individuals with Disabilities Education Improvement Act of 2004 PL 94-142 and subsequent amendments Section 504 of the 1973 Rehabilitation Act Americans with Disabilities Act
CROSS REFERENCE: See Policy 505.3
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