SPAULDING HIGH SCHOOL UNION DISTRICT  #41                                     

CODE: JFCH

 

1st Reading:   5/18/2009 , 10/17/2011

2nd/Final Reading: 6/1/09, 12/5/2011

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Substance Abuse Policy

POLICY STATEMENT

The Spaulding High School and Barre Technical Center Campus prohibits the use or possession of potentially harmful substances or any device associated with these substances, (both legal and illegal) on school premises, any school owned property, or at school sponsored activities. The only exceptions to this policy are medications, authorized in writing in advance by a licensed health-care provider. Any student who is required to take medication during school hours must comply with school policies.

All plans and procedures described in this Policy shall comply with Federal and State laws referenced below, including Vermont State Board of Education Rules 4200, Alcohol and Drugs (policy and program requirements); 4300, Disciplinary Action (suspension, expulsion, due process procedures); 4313, Discipline procedures for students eligible for Special Education Services; and 4312, Discipline procedures for students who are not eligible for Special Education Services, but who may qualify under Section 504 of the IDEA.

 

DEFINITIONS Note: the VSBA model policy has only two definitions: “Drug” and “Substance Abuse.”

A.     "Drug or Substance" includes any of the following:

 

1.      A controlled substance identified in Schedules I, II, H, IV, or V of the Controlled Substance Act, 21 U.S.C. paragraph 812 ©.

2.      Prescription medication or over-the-counter (OTC) medications, herbal or homeopathic medications for personal use shall be allowed only as per district medication policy, under the supervision of school personnel, with written orders from a physician

B.     Drug paraphernalia: equipment or apparatus designed for, or used for the purpose of measuring, packaging, distributing or facilitating the use of drugs.

C.     Tobacco: In any form (for smoking, chewing, etc.) NOTE: Pursuant to 16 V.S.A. paragraph 140, no person shall be permitted to use tobacco on public school grounds; school owned property and no student shall be permitted to use tobacco at school sponsored functions.     

D.    Alcohol: The term alcohol shall be construed to refer to alcohol and alcohol-containing beverages, including medicinal products. If a student is using such a product for medicinal purposes, that purpose must be reported to the school nurse and the product kept by the nurse during school hours. If the administration or any school employee discovers the student in possession of such a medicinal product and the nurse has no prior knowledge of the student's medicinal need of the product, the product shall be considered "Alcohol" for the purposes of the Policy.

E.     Substance Abuse: Means the use of any substance that is prohibited or is illegal.

F.     Out of School  Suspension: The student is removed from school property and no teaching services are provided to the student for ten or fewer school days as defined in Board Policy JGD-R. .. 

G. In-school suspension: The student is removed from classes but is present in the school building in a supervised setting. That student will have access to their assignments and will not be penalized for missing classes or tests.

H. Re-entry Plan: Any plan developed by school personnel in consultation with the student and parents to     promote the well-being of an individual student, his/her re-admission to school, and the well-being of the school environment.    It may contain whatever provisions that are consistent with other District policies and State and Federal laws that are deemed necessary. This includes school sponsored trips and activities.

 

PROGRAMS AND SERVICES

A.  Educational Programs - The Spaulding High School and Barre Technical Center shall provide the following educational programs:

 

1.  School Personnel - an on-going in-service specific to alcohol, tobacco and other drug education orientation for all school personnel.

2.  Students:                                                                                                 

·           Age appropriate Alcohol, Tobacco and other Drug (ATOD) prevention education programs for students in compliance with curriculum guidelines established by the Department of Education.·         

·           Student Assistance Programs (S.A.P.) offering individual and family support, screening and referral for ongoing treatment services.

3.  Parents - information and training programs.

 

 B. Self-referral for Assistance with Substances

 

When a student reports that he/she has a problem with substance use the school will cooperate as fully as possible with the student.

A student who seeks the assistance of any staff member shall be offered educational resources, individual or group counseling and/or referral to a community agency. These services shall be provided without consequences providing all these conditions are met:

1.  The student is self-referred, not "reported" in violation of school or legal policies.

2.  There is no immediate apparent threat of harm to self or others.

3.  A commitment is made to develop a rehabilitation plan.

C. In-school Support and Referral System:

 

Appropriate school personnel shall be available to consult with students whose behavior or performance may indicate substance abuse.

All school personnel who observe student behavior that may indicate substance abuse will refer that student to appropriate school officials, i.e., the school nurse, SAP counselor, or the administration.

D. Community Support and Referral System:

Spaulding High School and Barre Technical Center shall maintain a written agreement with a community substance abuse treatment provider. Under no circumstances shall the school be obligated for financial responsibility for assessment or treatment.

Spaulding High School and Barre Technical Center shall maintain a liaison with the local law enforcement agency for the purpose of obtaining assistance in determining appropriate and effective courses of action when incidents of substance use occur within the school environment.

VIOLATIONS

A. Violation:

It shall be a violation of this policy for anyone to use, possess, sell, distribute or exchange, participate in a sale, distribution or exchange or attempt to sell, distribute or exchange any substance as defined above on school property (including on buses, at bus stops, or walking to or from school) or at any school sponsored activity,. This also includes anything portrayed as a substance.

It shall also be a violation of this policy and other applicable School District policies for anyone to retaliate in any way against any person who may or has participated or cooperated in an investigation of the above violations. The District considers retaliation a very serious matter and it will be the basis of separate disciplinary action.

Note: Violations and consequences are cumulative throughout a student's career

 A.  Sale, Distribution, or Exchange of Substances Defined by the Policy:

1.   Consequences - All of the following will occur:  

      a.   Suspension for up to ten school days.

      b.   Local law enforcement agencies will be notified

      c.   If expulsion is warranted for the good of the school community:

·        The School Board will convene a hearing within ten school days of the suspension period.

·        All parties shall be entitled to representation by counsel at their own expense.

·        Upon conclusion of the hearing, the Board will make its decision.

d. Tobacco Education Group (TEG) shall be offered as an alternative to suspension/fines if a first offense of a tobacco violation has occurred.

2.  The student and parent shall be notified prior to the beginning of the first school day after the ten school day suspension and a written decision shall follow.

3.  In no case shall a limited expulsion from school result in a penalty that is less severe than the one imposed for a second violation.

a.       Referral to the Student Assistance Program (S.A.P.) counselor for an initial screening. The S.A.P. counselor will make a referral for appropriate services, if necessary. Should the student need an assessment they must show proof of an appointment within two weeks of the infraction. The school/district shall not be responsible for the cost of treatment.

b.      Appropriate service providers and school personnel in consultation with the student and parents/guardian will develop a re-entry plan. The student must demonstrate a good-faith effort to comply with the plan; otherwise or the administration, at its discretion, may refer the matter to the School Board for further disciplinary action.

c.       Athletic eligibility affected based on school procedures.

B. Purchase, Use, or Possession of a Substance Defined by this Policy; Being Under the Influence of It; Possession of a Reasonably Related Substance-Abuse Device; Participation in a Related Incident; or Refusal to Cooperate with an Investigation.

1.   Consequences:

a.   Local law enforcement agencies will be notified

b.  While enrolled in High School, students in violation of this policy shall be dropped from or prevented from enrolling in Driver's Education for one (1) semester

 

2.  First Violation: All of the following will occur:

·     The School Administration shall determine the length of suspension depending on the nature of the infraction and the student's cooperation once it is discovered.

·     Tobacco Education Group (TEG) shall be offered as an alternative to suspension/fines if the violation is due to tobacco.

·     Before the student may return to school, he/she must provide proof of appointment regarding a D/A assessment, if required by administration or SAP recommendation. The student's suspension will be continued until demonstration of the appointment is provided or ten school days is reached, whichever occurs first. If the student fails to provide demonstration of the above-referenced option, the Administration, at its discretion, may refer the matter to the School Board for further disciplinary action.

·     Referral to the SAP for screening and referral to treatment services if appropriate.

·     School personnel in consultation with the service provider, student, and parents/guardian will develop a re-entry plan. The student must demonstrate change to comply with the plan or the administration, at its discretion, may refer the matter to the School Board for further disciplinary action.

·     Athletic eligibility affected based on school procedures.

·      

3.  Second Violation: All of the following will occur in addition, based on school procedures above conditions.

·     Suspension for up to a maximum of ten school days

·     Referral to the S.A.P. for screening and referral to treatment services if appropriate.

·     School personnel in consultation with the student and parent/guardian will develop a re-entry plan.  The student must demonstrate a good-faith effort to comply with the plan or the administration, at its discretion, may refer the matter to the School Board for further disciplinary action.

·     Athletic eligibility affected based on school procedures.

 

STUDENTS WITH DISABILITIES OR STUDENTS SUSPECTED OF BEING DISABLED.

When disciplining students who receive or are eligible for services under the Individual with Disabilities Education Act (IDEA), section 504 of the Rehabilitation Act, (section 504), or similar passages in State law, the District will comply with such laws, including but not limited to the IDEA, the 1997 Amendments to the IDEA, section 504 and applicable Vermont state statues and regulations. If a law enforcement agency is notified regarding a suspected violation of law and the student has a disability, any sharing of that student’s records must be done only in adherence with federal and state laws and regulations

SEARCH AND SEIZURE

District policy provides for the school to handle any substance related incident until the student has been discharged to the parent, guardian, social service, medical worker, and/or law enforcement agency. If there is probable cause, a student may be searched as well as his/her backpack, locker, car and other possession brought to school.

 All students are subject to laws of the state, and local police department or other appropriate law enforcement agency may be notified regarding a suspected violation of the law.