227. CONTROLLED SUBSTANCES/PARAPHERNALIA - Pg.
227. CONTROLLED SUBSTANCES/PARAPHERNALIA
The Board recognizes that the abuse of controlled substances is a serious problem with legal, physical and social implications for the whole school community. As an educational institution, the schools shall strive to prevent abuse of controlled substances.
Controlled Substances - For purposes of this policy, controlled substances shall include all:
Examples of the above include, but are not limited to, beer, wine, liquor, marijuana, hashish, anabolic steroids, chemical solvents, glue, look-alike substances or any misuse of prescription drugs and over-the-counter medications.
Pol. 210, 210.1
For purposes of this policy, under the influence shall include any consumption or ingestion of controlled substances by a student.
Drug Paraphernalia – includes any utensil or item which, in the school’s judgment,
can be associated with the use of drugs, alcohol or mood-altering substances.
Examples include, but are not limited to, roach clips, pipes, bowls, bottles, flasks,
syringes and rolling papers.
Distributing – (a) to deliver, sell, pass, share, offer, give, transfer or solicit any alcohol, drug or mood-altering substance, (b) to attempt to deliver, sell, pass, share, offer, give, transfer or solicit any alcohol, drug or mood-altering substance, or (c) to assist another person in doing (a) or (b). It shall also include (1) possession in sufficient quantity of alcohol, drug or mood-altering substance to indicate intent to do (a) or (b), (2) possession of alcohol, drug or mood-altering substance in quantity sizes or packages to indicate intent to do (a) or (b), and (3) possession of Drug Paraphernalia including, but not limited to, scale(s) or bag(s), to indicate an intent to do (a) or (b).
Possession – to possess, keep or hold, without any attempt to distribute, any alcohol, drug or mood-altering substance determined to be illegal or as defined by this policy. A person who has consumed alcohol or drugs is presumed to be in possession.
Cooperative Behavior – is defined as the willingness of a student to work with non-school and school personnel in a reasonable and helpful manner, complying with requests and recommendations of the members of the Student Assistance Team.
Uncooperative Behavior – is resistance or refusal, either verbal, physical or passive, on the part of the student to comply with the reasonable requests or recommendations of school personnel. Defiance, assault, deceit and flight constitute examples of uncooperative student behavior. Uncooperative behavior also includes the refusal to comply with the recommendations of the members of the Student Assistance Team.
Student Assistance Team – is a multi-disciplinary team composed of school and non-school personnel. School personnel will include teachers, administrators, counselors, and the school nurse. Non-school personnel may include specialists from the mental health and chemical abuse social service system. This team has been trained to understand and work on the issues of adolescent chemical use, abuse and dependency. It will play a primary role in the identification and referral process of students brought to its attention through the procedures outlined in this policy. The principal and/or guidance counselor will serve as the Student Assistance Team in schools where a team has not been identified and trained.
SC 510, 511
The Board prohibits students from using, possessing, distributing, and being under the influence of any controlled substances during school hours, at any time while on school property, at any school-sponsored activity, and during the time spent traveling to and from school and school-sponsored activities.
Sec. 1400 et seq.
Pol. 103.1, 113.1,
The Board may require participation in drug counseling, rehabilitation, testing or other programs as a condition of reinstatement into the school's educational, extracurricular or athletic programs resulting from violations of this policy.
In the case of a student with a disability, including a student for whom an evaluation is pending, the district shall take all steps required to comply with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.
This policy shall also apply to student conduct that occurs off school property and would violate the Code of Student Conduct if any of the following circumstances exist:
Pol. 122, 123
4. Delegation of Responsibility
The Superintendent or designee shall develop administrative regulations to identify and control substance abuse in the schools which:
42 Pa. C.S.A.
Pol. 218, 233
Sec. 10.2, 10.21,
Sec. 10.2, 10.25
Violations of this policy may result in disciplinary action up to and including expulsion and referral for prosecution.
The Superintendent or designee shall immediately report required incidents and may report discretionary incidents involving possession, use or sale of controlled substances 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, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.
The Superintendent or designee shall notify the parent/guardian of any student directly involved in an incident involving possession, use or sale of controlled substances as a victim or suspect immediately, as soon as practicable. The Superintendent or designee shall inform the parent/guardian whether or not the local police department that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian.
In accordance with state law, the Superintendent shall annually, by July 31, report all incidents of possession, use or sale of controlled substances to the Office for Safe Schools.
In all cases involving students and controlled substances, the need to protect the school community from undue harm and exposure to drugs shall be recognized.
No student may be admitted to a program that seeks to identify and rehabilitate the potential abuser without the intelligent, voluntary and aware consent of the student and parent/guardian.
The Board prohibits the use of anabolic steroids by students involved in school-related athletics, except for a valid medical purpose. Bodybuilding and muscle enhancement, increasing muscle bulk or strength, or the enhancement of athletic ability are not valid medical purposes. Human Growth Hormone (HGH) shall not be included as an anabolic steroid.
Students shall be made aware of the dangers of steroid use; that anabolic steroids are classified as controlled substances; and that their use, unauthorized possession, purchase or sale could subject students to suspension, expulsion and/or criminal prosecution.
If, based on the student’s behavior, medical symptoms, vital signs or other observable factors, the building principal has reasonable suspicion that the student is under the influence of a controlled substance, the student may be required to submit to drug or alcohol testing. The testing may include, but not be limited to, the analysis of blood, urine, saliva, or the administration of a Breathalyzer test.
School Code – 24 P.S. Sec. 510, 511, 1302.1-A, 1303-A
State Board of education Regulations – 22 PA Code Sec. 10.2, 10.21, 10.22, 10.23,
10.25, 12.3, 403.1
PA Controlled Substance, Drug, Device and Cosmetic Act
– 35 P.S. Sec. 780-101 et seq.
Steroids – 35 P.S. Sec. 807 et seq.
PA Civil Immunity of School Officers/Employees Relating to Drug or Alcohol Abuse – 42 Pa. C.S.A. Sec. 8337
Individuals With Disabilities education Act – 20 U.S.C. Sec. 1400 et seq.
No Child Left Behind Act – 20 U.S.C. Sec. 7114, 7161
Controlled Substances Act – 21 U.S.C. Sec. 801 et seq.
Individuals With Disabilities education Act, Title 34, Code of Federal Regulations
Board Policy – 000, 103.1, 113.1, 113.2, 122, 123, 210, 210.1, 218, 233, 805