227.  CONTROLLED SUBSTANCES/PARAPHERNALIA - Pg.

227.  CONTROLLED SUBSTANCES/PARAPHERNALIA

1.        Purpose

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.

2.        Definitions

        35 P.S.

      Sec. 780-102

      21 U.S.C.

Controlled Substances - For purposes of this policy, controlled substances shall include all:

  1. Controlled substances prohibited by federal and state law.

        Sec. 812

  1. Look-alike drugs – Any substance which is represented to be or looks like a narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, stimulant, depressant or intoxicant of any kind, including such substances that contain chemicals which produce the same effect of illegal substances, including, but not limited to, Spice and K-2.

  1. Drug/Mood-Altering Substance/Alcohol – shall include, but not be limited to, any alcoholic or malt beverage, any drug identified as a controlled substance under federal or state law, chemical abuse substance, anabolic steroids, potentially health endangering substance, or medication for which a prescription is required under the law, and/or any substance which is intended to alter mood.

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.

  1. Any volatile solvents or inhalants such as, but not limited to, glue and aerosol products.

  1.  Substances that when digested cause a physiological effect that is similar to the effect of a controlled substance as defined by state or federal law.

        Pol. 210, 210.1

  1. Prescription or non-prescription (over-the-counter) medications, except those for which permission for use in school has been granted pursuant to Board policy.

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.

3.        Authority

        SC 510, 511

        Title 22

        Sec. 12.3

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.

      Title 22

      Sec. 10.23

      20 U.S.C.

      Sec. 1400 et seq.

      Pol. 103.1, 113.1,

              113.2, 805.1

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.

Off-Campus Activities

        Pol. 218

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

  1. The conduct occurs during the time the student is traveling to and from school or traveling to and from school-sponsored activities, whether or not via school district-furnished transportation.

  1. The student is a member of an extracurricular activity and has been notified that particular off-campus conduct could result in exclusion from such activities.

  1. Student expression or conduct materially and substantially disrupts the operations of the school, or the administration reasonably anticipates that the expression or conduct is likely to materially and substantially disrupt the operations of the school.

  1. The conduct has a direct nexus to attendance at school or a school-sponsored activity, for example, a transaction conducted outside of school pursuant to an agreement made in school, that would violate the Code of Student Conduct if conducted in school.

  1. The conduct involves the theft or vandalism of school property.

  1. There is otherwise a nexus between the proximity or timing of the conduct in relation to the student’s attendance at school or school-sponsored activities.

4.        Delegation of         Responsibility

The Superintendent or designee shall develop administrative regulations to identify and control substance abuse in the schools which:

        SC 1302.1-A,

            1303-A

      42 Pa. C.S.A.

      Sec. 8337

  1. Establish procedures to appropriately manage situations involving students suspected of using, possessing, being under the influence, or distributing controlled substances.

  1. Disseminate, to students, parents/guardians and staff, the Board policy and administrative regulations governing student use of controlled substances.

  1.  Provide education concerning the dangers of abusing controlled substances.

  1. Establish procedures for education and readmission to school of students convicted of offenses involving controlled substances.

        

  1. Guidelines

Pol. 218, 233

      SC 1302.1-A,

            1303-A

      Title 22

      Sec. 10.2, 10.21,

              10.22

      Pol. 805.1

      Title 22

      Sec. 10.2, 10.25

      Pol. 805.1

      SC 1303-A

      Pol. 805.1

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.

Anabolic Steroids

        35 P.S.

        Sec. 807.1

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.

        35 P.S.

        Sec. 807.2

        Pol. 233

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.

Reasonable Suspicion/Testing

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.

References:

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

  • 34 CFR Part 300

Board Policy – 000, 103.1, 113.1, 113.2, 122, 123, 210, 210.1, 218, 233, 805