POLICY
5530. SUBSTANCE ABUSE (M)
Date Created: February, 2009
Date Edited: February, 2009
5530- SUBSTANCE ABUSE (M)
M
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.
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 extend 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 wastewater 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, 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 Chief School Administrator 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, and the Chief School Administrator 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 drug 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 school
nurse, or other educational personnel shall have reason to believe a pupil
has used or may be using anabolic steroids, that person shall report the
matter in accordance with N.J.A.C. 6A:16-4.3(b)1.
The Chief School Administrator or designee upon receiving such report
shall immediately notify the parent(s) or legal guardian(s) and Chief
School Administrator 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 Chief School Administrator will disclose to law enforcement
authorities the identity 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), and the
Administrator.
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 Chief School Administrator 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 Chief School Administrator
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 CFR Part 2, N.J.S.A. 18A:40A-7.1
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 CFR Part 2.
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 Chief School Administrator 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 Chief School Administrator 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 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 Chief School Administrator 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 Chief School Administrator or designee may, but need not disclose to
law enforcement authorities the identity 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 parent(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: 9 February 2009