351.  DRUG AND SUBSTANCE ABUSE - Pg.

351.  DRUG AND SUBSTANCE ABUSE

1.        Purpose

The Board recognizes that the misuse of drugs by administrative, professional and support employees is a serious problem with legal, physical and social implications for the whole school community and is concerned about the problems that may be caused by drug use by district employees, especially as the use relates to an employee's safety, efficiency and productivity.

        

The primary purpose and justification for any district action will be for the protection of the health, safety and welfare of students, staff and school property.

2.        Definitions

        35 P.S.

        Sec. 780-101

        et seq

Drugs - shall be defined as those outlined in the Controlled Substance, Drug, Device and Cosmetic Act.

        41 U.S.C.

      Sec. 8101

Conviction - a finding of guilt, including a plea of nolo contendere, an imposition of sentence, or both by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statute.

      41 U.S.C.

      Sec. 8101

Criminal Drug Statute - a federal or state criminal statute involving the manufacture, distribution, dispensation, use or possession of a controlled substance.

      41 U.S.C.

      Sec. 8101

Drug-free Workplace - the site for the performance of work at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance.

3.        Authority

      SC 111

      41 U.S.C.

      Sec. 8103

The Board requires that each administrative, professional and support employee be given notification that, as a condition of employment, the employee will abide by the terms of this policy and notify the district of any criminal drug statute conviction for a violation occurring in the workplace immediately, but no later than seventy-two (72) hours after such conviction.

        SC 527

      35 P.S.

      Sec. 780-101

               et seq.

Any employee convicted of delivery of a controlled substance or convicted of possession of a controlled substance with the intent to deliver shall be terminated from his/her employment with the District.

4.        Delegation of         Responsibility

        41 U.S.C.

        Sec. 8103, 8104

A statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the employee's workplace shall be provided by the Superintendent or designee and shall specify the actions that will be taken against the employee for violation of this policy, up to and including termination, and referral for prosecution.

      41 U.S.C.

      Sec. 8103

Within ten (10) days after receiving notice of the conviction of a district employee, the district shall notify ay federal agency or department that is the grantor of funds to the district.

      41 U.S.C.

      Sec. 8103, 8104

The district shall take appropriate personnel action within thirty (30) days of receiving notice against any convicted employee, up to and including termination, or require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency.

      41 U.S.C.

      Sec. 8103

In establishing a drug-free awareness program, the Superintendent or designee shall inform employees about:

  1. Dangers of drug abuse in the workplace.

  1. Board’s policy of maintaining a drug-free workplace.

  1. Availability of drug counseling, drug rehabilitation, and employee assistance programs.

  1. Penalties that may be imposed for drug abuse violations occurring in the workplace.

      41 U.S.C.

      Sec. 8103

The district shall make a good faith effort to continue to maintain a drug-free workplace through implementation of this policy.

  1. Guidelines

SC 1302.1-A

       1303-A

Title 22

Sec. 780-102

Pol. 805.1

SC 1303-A

Pol. 805.1

The Superintendent or designee shall immediately report incidents involving the possession, use or sale of a controlled substance or drug paraphernalia as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act by any employee while on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the local police department that has jurisdiction over the school’s property, I accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.

In accordance with state law, the Superintendent shall annually, by July 31, report all incidents of possession, use or sale of controlled substances or drug paraphernalia to the Office for Safe Schools on the required form.

References:

School Code – 24 P.S. Sec. 111, 527, 1302.1-A, 1303-A

State Board of Education Regulations – 22 PA Code Sec. 10.2, 10.21

PA Controlled Substance, Drug, Device and Cosmetic Act

                  – 35 P.S. Sec. 780-101 et seq.

Drug-Free Workplace Act – 41 U.S.C. Sec. 8101 et seq.

Board Policy – 317, 805.1

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