Policy Glen
Ridge Board of Education
M
5530 SUBSTANCE ABUSE
The Board
of Education recognizes that a pupil’s abuse of harmful substances seriously
impedes that pupil’s education and threatens the welfare of the entire school
community. The Board is committed to the
prevention of substance abuse and the rehabilitation of substance abusers by
educational means, but will take the necessary and appropriate steps to protect
the school community from harm and from exposure to harmful substances. Accordingly, the Board will establish and
maintain a comprehensive substance abuse intervention, prevention, and
treatment referral program in the schools of this district.
The Board
believes the best discipline is self-imposed, and it is the responsibility of
school district staff to use disciplinary situations as opportunities to help
pupils learn to assume and accept responsibility for their behavior and the
consequences of their behavior. Staff
members who interact with pupils shall apply the best practices designed to
prevent discipline problems and encourage pupils’ abilities to grow in
self-discipline.
Definitions
N.J.S.A. 18A:40A-9 N.J.A.C. 6A:16-1.3; 6A:16-4.1
For the
purposes of this policy:
"Substance"
means alcoholic beverages, controlled dangerous substances, including anabolic
steroids, as defined at N.J.S.A. 24:21-2 and N.J.S.A. 2C:35-2, any chemical or
chemical compound which releases vapors or fumes causing a condition of
intoxication, inebriation, excitement, stupefaction, or dulling of the brain or
nervous system, including, but not limited to, glue containing a solvent having
the property of releasing toxic vapors or fumes as defined at N.J.S.A. 2C:35-10.4
and over-the-counter and prescription medications which are improperly used to
cause intoxication, inebriation, excitement, stupefaction, or dulling of the
brain or nervous system.
"Substance
abuse" means the consumption or use of any substance for purposes other
than for the treatment of sickness or injury as prescribed or administered by a
person duly authorized by law to treat sick and injured human beings.
"Evaluation"
means those procedures used by a certified or licensed professional to make a
positive determination of a pupil’s need for programs and services which extends
beyond the general school program by virtue of learning, behavior, or health
difficulties of the pupil or the pupil’s family.
"Intervention"
means those programs, services, and actions taken to identify and offer help to
a pupil at risk for learning, behavior, or health difficulties.
“Referral
for treatment” means those programs and services offered to a pupil or his or
her family to help implement the recommendations of an evaluation or in
response to the family’s request for assistance with a learning, behavior, or
health difficulty.
“School
grounds” means and includes land, portions of land, structures, buildings, and
vehicles, when used for the provision of academic or extracurricular programs
sponsored by the school district or community provider and structures that
support these buildings, such as school district waste water treatment
facilities, generating facilities, and other central services facilities
including, but not limited to, kitchens and maintenance shops. School grounds also includes other facilities
as defined in N.J.A.C. 6A:26-1.2, playgrounds, and recreational places owned by
local municipalities, private entities or other individuals during those times
when the school district has exclusive use of a portion of such land.
Discipline
N.J.S.A. 18A:40A-10; 18A:40A-11 N.J.A.C. 6A:16-4.1(c)2.;
6A:16-6.3(a)
The Board
prohibits the use, possession, and/or distribution of alcohol or other drugs on
school grounds, including on school buses or at school-sponsored functions
according to N.J.S.A. 18A:40A-9, 10 and 11.
A pupil
who uses, possesses, or distributes a substance, on or off school premises at a
school sponsored/sanctioned activity, will be subject to discipline. Discipline will be graded to the severity of
the offenses, the nature of the problems and the pupil’s needs. Discipline may include suspension or
expulsion. The Board may establish
consequences for a pupil not following through on the recommendations of an
evaluation for alcohol or other drug abuse and related behaviors. The Superintendent and/or designee will
notify the appropriate law enforcement agency pursuant to N.J.A.C.
6A:16-6.3(a).
Instruction
N.J.S.A. 18A:40A-1 et seq. N.J.A.C. 6A:16-3.1
The Board
shall provide a comprehensive program of prevention, intervention, referral for
evaluation, referral for treatment, and continuity of care for pupil alcohol,
tobacco, and other drug abuse.
Identification,
Evaluation, and Intervention N.J.S.A. 18A:40A-11 through 18A:40A-17
N.J.A.C. 6A:16-3.1,
6A:16-4.1; 6A:16-4.2; 6A:16-4.3
Any educational
staff member or other professional to whom it appears that a pupil may be under
the influence of alcohol or other drugs on school grounds, including on a
school bus or at a school-sponsored function shall report the matter in
accordance with N.J.A.C. 6A:16-4.3(a)1.
An
immediate medical examination shall be conducted and a written report of the
medical evaluation shall be furnished to the parent(s) or legal guardian(s) of
the pupil, the Building Principal, and the Superintendent in accordance with
N.J.A.C. 6A:16-4.3(a)2 - 4.3(a)8.
If the
written report of the medical examination is not provided within twenty-four
hours of the referral of the pupil, the pupil shall be allowed to return to
school until such time as a positive determination of alcohol or other drug use
is received from the physician.
If the
written report of the medical evaluation verifies that alcohol or other drugs
do not interfere with the pupil’s physical or mental ability to perform in
school, the pupil shall be immediately returned to school. If there is a positive determination from the
medical examination indicating the pupil’s alcohol or other drug use interferes
with his or her physical or mental ability to perform in school, the pupil
shall be returned to the care of the parent(s) or legal guardian(s) as soon as
possible and attendance at school shall not resume until a written report
verifies the pupil’s alcohol or other drugs use no longer interferes with his
or her physical and mental ability to perform in school.
Removal
of a pupil with a disability shall be in accordance with N.J.A.C. 6A:14.
While a
pupil is at home because of the medical evaluation or after the pupil returns
to school, an appropriately certified school staff member(s) will conduct an
alcohol and other drug assessment of the pupil and a reasonable investigation
of the situation and may initiate referral alcohol or other drug abuse
treatment in accordance with N.J.A.C. 6A:16-4.3(a)12,
4.3(a)13, and 4.3(a)14.
The Board
may provide additional intervention and referral services for the pupil according
to the requirements of N.J.S.A. 18A:40A-10 and N.J.A.C. 6A:16-8.
Whenever
any teaching staff member, certified or non-certified nurse or other
educational personnel shall have reason to believe a pupil has used or may be
using anabolic steroids, that person must report the matter in accordance with
N.J.A.C. 6A:16-4.3(b)1.
The
Building Principal or designee upon receiving such report shall immediately
notify the parent(s) or legal guardian(s) and Superintendent and shall arrange
for an examination of the pupil as soon as possible to determine whether the
pupil has been using anabolic steroids in accordance with N.J.A.C.
6A:16-4.3(b)2.
The
Superintendent will disclose to law enforcement authorities the identify of the
pupil pursuant to the requirements of N.J.A.C. 6A:16-4.3(b)3.
A written
report of the examination shall be provided by the examining physician to the
parent(s) or legal guardian(s), Building Principal, and Superintendent.
If it is
determined the pupil has used anabolic steroids, an appropriately certified
school staff member(s) shall interview the pupil and others to determine the
extent of the pupil’s involvement with and use of anabolic steroids and the
possible need for referral for treatment in accordance with N.J.A.C.
6A:16-4.3(b)5.
If the
results of a referral for evaluation have positively determined the pupil’s
involvement with and use of anabolic steroids represents a danger to the
pupil’s health and well-being, an appropriately certified school staff
member(s) shall initiate a referral for treatment to agencies and/or private
practitioners as outlined in N.J.A.C. 6A:16-4.3(b)6.
In-Service
Training N.J.S.A. 18A:40A-15(b)
The Board
directs the Superintendent to develop a program of in-service training for all
teaching staff members involved in the instruction of pupils. The Board will provide time for the conduct
of the program during the usual school schedule.
In-service
training shall prepare teachers to instruct pupils on substance abuse and
inform teachers about the nature of substances, the symptomatic behavior
associated with substance abuse, the availability of rehabilitation and
treatment programs, the legal aspects of substance abuse, and Board policy and
regulations on substance abuse.
Outreach
to Parents N.J.S.A. 18A:40A-16; 18A:40A-17 N.J.A.C. 6A:16-4.1(c)7.
The Board
will provide an outreach program to parent(s) or legal guardian(s) of pupils
that includes information on the district’s substance abuse curriculum, the identification
of substance abusers, and rehabilitation organizations and agencies. The Superintendent is directed to develop the
program in consultation with local agencies recommended by the Commissioner and
to offer the program at times and in places convenient to parent(s) or legal
guardian(s) on school premises or in other suitable facilities.
Records §408
of the Drug Abuse Prevention, Treatment, and Rehabilitation Act, 42 U.S.C., and
Implementing Regulations, 42
Notations
concerning a pupil's involvement with substances may be entered on his/her
records, subject to Policy No. 8330 regarding confidentiality and limited
access. All such notations shall be
expunged when they are no longer required for the counseling or discipline of
the pupil or when the pupil leaves school.
Information regarding a pupil's involvement in a school intervention or
treatment program shall be kept strictly confidential in accordance with §408
of the Drug Abuse Prevention, Treatment, and Rehabilitation Act, 42 U.S.C. 290
ee-3, and implementing regulations, 42
If an
elementary or secondary pupil involved in a school-based drug or alcohol
counseling program provides information during the course of a counseling
session in that program which indicates that the pupil’s parent(s) or legal
guardian(s) or other person residing in the pupil’s household is dependent upon
or illegally using a substance as that term is defined in N.J.S.A. 18A:40A-9,
that information shall be kept confidential and may be disclosed only with the
pupil’s written consent, to another person or entity whom the pupil specifies
in writing in the case of a secondary pupil, or to a member of the pupil’s
immediate family or the appropriate school personnel in the case of an
elementary pupil; pursuant to a court
order; to a person engaged in a bona fide research purpose; except that no
names or other information identifying the pupil or the person with respect to
whose substance abuse the information was provided, shall be made available to
the researcher; or to the Division of Youth and Family Services or to a law
enforcement agency, if the information would cause a person to reasonably
suspect that the elementary or secondary pupil or another child may be an abused or neglected child.
The Board
will lend to pupils attending nonpublic schools located in this district and to
the parent(s) or legal guardian(s) of such pupils
educational materials on substance abuse prepared and supplied by the
Commissioner. The loan of such materials
shall be at no cost to the district.
Civil
Immunity N.J.S.A. 18A:40A-13, 18A:40A-14; N.J.A.C. 6A:16-4.3(c)
No civil
action of any kind shall lie against any employee, officer or agent of the
Board because of actions taken under the education statutes on substance abuse,
N.J.S.A. 18A:40A-1 et seq., provided the skill and care given is that
ordinarily required and exercised by other such employees, officers and agents
of the Board.
Any educational
or non-educational school staff member who in good faith reports a pupil to the
Building Principal or designee in compliance with N.J.A.C. 6A:16-4.3 shall not
be liable in civil damages as a result of making such a report, as specified in
N.J.S.A. 18A:40A-13 and 14.
Reporting
Pupils to Law Enforcement Authorities N.J.A.C. 6A:16-6.3(a)
The
Superintendent, or designee, shall report pupils to law enforcement authorities
if the staff member has reason to
believe a
pupil is unlawfully possessing or in any way is involved in the distribution of
controlled dangerous substances, anabolic steroids, or drug paraphernalia pursuant
to N.J.A.C. 6A:16-6.3(a). The
Superintendent will not report pupils who have voluntarily sought treatment or
counseling for a substance abuse problem provided the pupil is not involved or
implicated in a current drug distribution activity.
The
Superintendent or designee may, but need not disclose to law enforcement
authorities the identify of a pupil suspected to be under the influence of
alcohol and/or controlled dangerous substances, pursuant to N.J.A.C.
6A:16-4.3(a), or a pupil suspected to have used or who may be using anabolic
steroids, pursuant to N.J.A.C. 6A:16-4.3(b), and who is referred for a medical
evaluation, pursuant to N.J.A.C. 6A:16-4.3(a) or (b), as appropriate, for the
purposes of providing appropriate health care for the pupil and for determining
whether the pupil is under the influence of alcohol or other drugs or has been
using anabolic steroids, provided the pupil is not reasonably believed to be in
possession of a controlled dangerous substance or drug paraphernalia, and is
not reasonably believed to be involved or implicated in drug distribution
activities.
Policy
Review and Accessibility N.J.S.A. 18A:40A-10; 18A:40A-11 N.J.A.C. 6A:16-4.2(a)
& (b)
The Board
will annually review the effectiveness of Policy and Regulation 5530 on pupil
alcohol and drug abuse. The Board shall
solicit parents(s) or legal guardian(s), pupil and community
input, as well as consult in the review process with local alcohol or
other drug abuse prevention, intervention and treatment agencies licensed by
the New Jersey Department of Human Services.
This
policy and regulation shall be made available annually, at the beginning of the
school year, to all school employees, pupils, and parent(s) or legal
guardian(s). Each newly hired employee
and transferred pupil will be offered this policy and implementing regulations
on his/her arrival in the district.
N.J.S.A. 18A:40A-1
et seq.; 18A:40A-7.1 et seq.
N.J.A.C. 6A:16-4.1
et seq.
Adopted: 25 November 2002
Revised: 28 August 2006
Revised: 5 November 2007