CRANFORD
PUBLIC SCHOOLS
POLICY: ALCOHOL,
OTHER DRUG, ANABOLIC STEROID AND CONTROLLED SUBSTANCE ABUSE
In compliance with N.J.S.A. 18A:40A-10 and in
recognition of the problem of alcohol, other illegal drugs, anabolic steroids and controlled substance abuse, the Cranford
Board of Education shall maintain a comprehensive program of prevention, and
intervention which includes early identification, assessment, referral for
evaluation, referral for treatment and continuity of care. The Cranford Board
of Education authorizes the following procedures be placed in effect.
I. STUDENTS
SUSPECTED OF BEING UNDER THE INFLUENCE OF SUBSTANCES
A. If a staff member has reason
to believe that a student is under the influence of alcohol, illegal drugs, anabolic
steroids and inhalants, they must immediately report their suspicions to the
principal or designee and the school nurse.
The referring staff member shall complete the Violence, Vandalism and
Substance Abuse Incident Report according to the requirements of N.J.S.A.
18A:17-46. Any educational
non-educational school staff member who in good faith reports a student to the
principal to his or her designee shall not be liable in civil damages as a
result of making such a report, as specified in N.J.S.A. 18A:40A-14. The school
nurse shall meet with the student and conduct a
preliminary physical evaluation. The
school nurse and principal or designee will discuss and document the
information. The student assistance counselor
shall be called upon to assist in this procedure.
1. The
suspected student shall be isolated from other students, and supervision shall
be provided. For the safety and well
being of the students, the suspected student may be searched along with his/her
locker and personal effects in accordance with State law and school
policy.
2. The
principal or designee shall immediately notify the parent or guardian of the
student's physical and behavioral manifestations that indicate that a medical
examination with urine screen and/or blood alcohol level test is
necessary. The parents are informed that
N.J.A.C. 6A:16-4.3(a)(2)(i) and school policy require
that they immediately (within 2 hours) take their child for a medical
examination and urine screen. Parents
may take their child to the doctor of their choice. The student assistance counselor may be
called on to recommend where the parents should bring the student for an
evaluation. The parents are
responsible for these costs.
3. A written
report of the results of this examination shall be submitted to the parent,
principal or designee and the student assistance counselor within twenty-four
(24) hours as prescribed by law. (NJSA 18A:40A-12) If the written report results are not
submitted to the parents, principal/designee and student assistant counselor
within 24 hours of the referral, the student shall be allowed to return to
school until such time as a positive determination is received from the
physician or hospital.
4. Refusal or failure of a parent to permit a medical
examination of his/her suspected child, to verify that a medical examination
performed by the physician selected by the parent was performed within 24
hours, or to otherwise cooperate with the legal requirements for drug testing
under N.J.S.A 18A:40A-12 and N.J.A.C. 6A:16 shall be treated as a policy
violation of the Compulsory Education Act, pursuant to N.J.S.A. 18A:38-25 and
child neglect laws pursuant to N.J.S.A. 9:6-1 et seq. Students may be suspended for non-compliance
of this section of the policy for five days, first offense and ten days for the
second offense.
5. If the parent
or guardian is unavailable to take the student for the medical examination and
urine screen, the student will be taken to a medical treatment facility or
emergency room. The principal shall
complete the hospital consent form and designate at least two staff members to
take the student to the medical facility.
These staff members will usually be the student assistance counselor and
the school nurse. The physician shall
submit a written report to the parent, the principal or designee and the
student assistance counselor. If the
medical examination is positive for alcohol or other drug use, attendance at
school shall not resume until a written report has been submitted to the
parent, principal/student assistance counselor from a physician. The written report must verify that the
student’s alcohol or other drug use no longer interferes with his or her
ability to perform in school. (N.J.A.C. 6A:16-4.3). If the student is taken for
emergency care by the school, the Cranford Board of Education will be
responsible for the costs (N.J.A.C.6A:16-4.3).
6. The student
will be either transported back to school or taken home, depending on the time
of the day, and the district will ensure that the student is properly
supervised.
B. If the medical examination
and urine screen are negative, the time missed by the student is recorded as a
medical exclusion.
If the medical examination and urine screen are positive, the following steps will be taken:
First Offense:
1. A positive diagnosis will cause the student
to be suspended
immediately for a duration of five (5) days.
2. The student will be required to undergo an alcohol
and other
drug assessment by an appropriately
certified or licensed professional to make a positive determination of a
student's need for programs and services which extend beyond the general school
program if necessary.
3.
The parents or guardians shall complete a signed Release of
counselor to
receive the results of the assessment.
4. The results of this
assessment shall be forwarded to the principal
or designee and the student
assistance counselor prior to the end
of the suspension.
5. Failure to comply with these
requirements shall result in prolonging the suspension for an additional five
(5) days and a referral to the Division of Youth and Family Services
(DYFS). Failure to follow through on the
recommendations of an evaluation for alcohol and other drug abuse may result in
a referral to DYFS. (N.J.S.A. 9:6-1 et
seq.)
6. Before being readmitted to
school, the student and parent shall meet with a building administrator and the
student assistance counselor. The
purpose of this meeting is to review the results of the assessment and plan on
supporting the student upon the return to school.
Second Offense:
1. A positive diagnosis will cause the student
to be suspended
immediately for a duration of ten (10) days.
2.
Before readmittance to school, and following an appropriate due
process hearing; the student
may be reinstated, have suspension continued, and may be referred to the Child
Study Team for an evaluation to determine their eligibility for special
education and related services, pursuant to N.J.A.C. 6A:16-3.5 and 3.6.
3.
In addition, the procedures outlined for the first offense shall be
followed.
4.
The student can be subject
to expulsion, based upon current laws,
rules and regulations regarding
expulsion.
A. For a student reasonably
suspected of or admitting to possession and/or possession with intent to
distribute drugs or controlled dangerous substances on school premises at any
time, whether school is or is not in session, or during any school activity on
or off school premises, the following steps shall be taken:
The Chief School Administrator, working in cooperation with the local Chief of Police, shall resolve any disputes concerning law enforcement activities occurring on school property.
1. When illegal
substances are found, it shall be the responsibility of the Police to complete
their normal reporting procedures, and any other legal action, such as
complaints, depending on the quantity of substances.
2. The student
shall be suspended immediately for duration of five (5) days for the first
offense and ten (10) days for the second offense.
3. The student
shall be required to undergo an alcohol and other drug assessment by an
appropriately certified or licensed professional.
4. The parents or guardians shall complete a signed
Release of Confidential Information sheet to allow the student assistance
counselor to receive the results of the assessment.
5. The results
of this assessment shall be forwarded to the student assistance counselor.
6. Following an
appropriate due process hearing, the student may be reinstated or have the
suspension continued.
7. A
Pre-expulsion hearing may be conducted to determine whether a board level
hearing will be held.
B. As soon as possible
following the incident, every staff member involved must write a detailed report
which includes their observations, what is said voluntarily by the student and
the action taken. Reports will be
written in compliance with the confidentiality requirements in State regulation
N.J.A.C. (6A:16-3.2).
1. These reports should be
marked CONFIDENTIAL and given to the principal. There should be no discussion
of the incident outside of the principal's office with any individual not
involved in the incident.
2. The police will be notified if the
student is thought to be in danger to self or others, or the school community,
the student is found in the act of using an illicit substance or is in
possession of an illegal substance.
A. The Board of Education shall
continue to incorporate into the curriculum for all school grades, drug,
alcohol, tobacco, and steroid education programs appropriate for pupils given
their age, maturity, and grade level, in accordance with existing Department of
Education guidelines.
B. Programs for drug awareness
education are to be continued and modified by the professional staff of all
schools for all grades. The grade work
and patterns of instruction will be detailed.
Instruction will be specific for what must be covered.
C. Staff training and education
will be provided and include presentations, seminars, workshops, and the
distribution of printed materials regarding substance abuse and adolescents.
D. Substance abuse educational
programs will be planned, developed and implemented for parents/guardians on an
ongoing basis throughout the school year.
Substance abuse educational programs will be coordinated by the
Substance Assistance Counselor.
(N.J.A.C. 6A:16-3.1).
A. Policies and procedures will
be made available to the school staff, parents/guardians and pupils on an
annual basis through inclusion in school publications or other methods of
regular distribution to each household (N.J.A.C. 6A:16-4.2).
B. The Cranford Board of
Education shall establish an annual process to review the effectiveness of its
Alcohol, Other Drug, Anabolic Steroid and Controlled Substance Abuse
Policy. The process shall include staff
and community input as well as local substance abuse prevention/intervention
agencies licensed by the New Jersey Department of Health.
V. Confidentiality
A. In all cases involving
drugs, alcohol, or steroids, voluntary student disclosures will be kept
confidential and exchange information will be kept between student, Substance
Abuse Coordinator, and the Administrator.
Records will be confidential and kept separate and apart from general
student files. These files will be kept
locked. Feedback to referral sources
will be limited to status of student progress only (N.J.A.C. 6A:16-3.2).
1. If a student's violation of
the school drug policy warrants incarceration or law enforced placement, the
above therapeutic interventions will be effective upon the eventual return of
that student to the school. A report
from the treatment conference, completed by the Substance Abuse Coordinator or
Trained Service Provider depicting the degree of the problem, treatment or
recommendations, and actions taken, will be submitted to the school
administrator and will remain confidential.
2. No action of any kind in any
court of competent jurisdiction shall lie against any teaching staff member,
school nurse or other educational personnel, medical inspector, examining
physician or any other officer or agent of the Board of Education because of
any action taken by virtue of the provisions of this policy, provided the skill
and care given is that ordinarily required and exercised by other such teaching
staff members, nurses, educational personnel, medical inspectors, physicians or
other officers or agents of the Board of Education. (N.J.S.A. 18A:40A-13)
3. Confidential counseling,
assessment/evaluation, referral services, assistance for parents/guardians and
continuity of care will be available for students who voluntarily seek
assistance with an individual alcohol and/or other drug problem or chemical
dependency in their family. Support
services will be available for students who are in, or returning from medical
treatment for alcohol and other drug dependency. The district will provide/fund educational
programming for identified students who are receiving drug and alcohol treatment
in an out of district setting.
Legal Reference: N.J.S.A.
18A:1-1
N.J.S.A. 9:6-1
N.J.S.A.
18A:17-46
N.J.S.A.
18A:37-1 to 5
N.J.S.A.
18A:38-25
N.J.S.A.
18A:40A-1 to 14
N.J.S.A.
24:21-2 thru 46
N.J.A.C.
6A:16
Federal
42 CFR Part II
Federal
34 CFR Part 86
Adopted:
Revised:
Revised:
Revised:
Revised:
Revised: