Lewisburg Area School District Policies	Printable version
227 Controlled Substances/Paraphernalia 227. CONTROLLED SUBSTANCES/PARAPHERNALIA The Board recognizes that the use and/or abuse of controlled substances is a serious problem with legal, physical, educational, and social implications for the entire school community. The Board believes that effective education can only occur in a safe and crime-free environment. As an educational institution, the Lewisburg Area School District (LASD) shall strive to prevent abuse of controlled substances and establishes a policy to promote drug-free schools. The Board recognizes and respects the constitutional and legal rights of students; however, the Board intends to consistently and vigorously enforce all policies and rules regarding student discipline and control. Through the use of curriculum, classroom activities, community support and resources, a strong and consistent administrative and faculty effort, and rehabilitative and disciplinary procedures, the LASD will work to, prevent and intervene in the use and abuse of all mood-altering substances, alcohol, and other drugs by the entire student population. The Board prohibits any student from being under the influence, using, possessing, distributing or selling any drug, drug look-alike, drug paraphernalia, or any ordinary item used to mimic any drug or drug paraphernalia, on school property, on school vehicles (including any buses contracted by the LASD), at school activities, or at any school-sponsored functions. Violation of the Drug and Alcohol Policy will result in discipline based on the individual circumstances. The Board may require participation in drug counseling, rehabilitation, testing or other programs as a condition of reinstatement into the school’s education, extracurricular, or athletic programs, from which a student has been excluded as a result of 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. Drug - any alcoholic, malt, or intoxicating beverage; any tobacco product or any other product containing nicotine, such as gum, patches, or electronic cigarettes; marijuana; cocaine; LSD; any substances governed by the Controlled Substance, Drug, Device, and Cosmetic Act of April 14, 1972, as amended or any other federal or state law; any prescription or non-prescription medication, including all over-the-counter medication that is taken or possessed in violation of any other district policy; and any other substance which alters the user’s mood, including but not limited to paint thinners, glues, and chemical solvents. Under the Influence - shall include any consumption or ingestion of controlled substances by a student. This includes consumption or use of alcohol or controlled substances. Students who ingest, smoke, take, or otherwise consume alcohol or other controlled substances and/or look-alike drugs and subsequently come onto school grounds or participate in school-related activities, field trips, etc., likewise are subject to this policy and discipline as outlined herein. Distributing - shall mean to deliver, pass, share, or give any controlled substance, as defined by this policy, from one person to another or to aid therein. Possession - shall mean to possess or hold without any attempt to distribute any controlled substance determined to be illegal or as defined in this policy. Drug Look-Alike - any product that is designed or used to mimic the effect or appearance of any drug, as defined herein, or that is used to alter the user’s mood but has not been prohibited under the Controlled Substance, Drug, Device and Cosmetic Act of April 12, 1972, as amended. This shall also include any ordinary items intended to appear to be a drug as defined in this policy. Alcoholic Beverages - (a) all alcoholic and malt beverages as defined in the Act of April 12, 1951, (P.L. 90, No. 21), known as the Liquor Code, as amended; (b) ethyl alcohol of any degree of proof originally produced by the distillation of any fermented liquid, including synthetic ethyl alcohol, but not ethyl alcohol, whether or not diluted, that has been denatured or otherwise rendered unfit for beverage purposes; (c) any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor a part of which is spirituous, vinous, fermented or otherwise alcoholic, including all drinks or drinkable liquids, preparations or mixtures; and (d) any beer, lager beer, ale porter, or similar fermented malt beverage containing one-half of one percent (1%) or more alcohol by volume, by whatever name such beverage may be called. Alcoholic Substances - shall include substances, including liquids, containing a high concentration of alcohol by volume or alcohol based substances when used or consumed are intended to cause a physical or mental altering effect. Anabolic Steroids - substances not used for medical purpose, but for bodybuilding, muscle enhancement, increasing muscle bulk or strength, or the enhancement of athletic ability. Drug Paraphernalia - shall include all equipment, products, and materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, or injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this policy. In determining whether an object is drug paraphernalia, school authorities shall consider, in addition to all other logically relevant factors, statements by an owner or by anyone in control of the object concerning its use, the proximity of the object in time and space to a direct violation of this policy, the proximity of the object to controlled substances, and/or the existence of any residue of controlled substances on the object. Volatile Solvents/Inhalants - any inhalants including but not limited to glue, aerosol products, markers, nail polish, and white out correction fluid. Prescription/Patent Drugs - any prescription drug or over-the-counter medication, except those for which permission for use has been granted pursuant to Board Policy 210 & 210-AG and the Student Handbook. School Grounds and/or Property - shall include school buildings, surrounding property, athletic fields, and school provided transportation. School grounds also include school-sponsored field trip and/or school-related activities locations. School grounds also include facilities, buildings, or other property rented, leased or used by the school for a school-sponsored activity. School authority also extends to coverage while the student is on his/her way to school or a school-sponsored activity. Violations of this policy may result in disciplinary action up to and including expulsion and referral for prosecution. The administrator 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 administrator 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 administrator 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 administrator or designee shall document attempts made to reach the parent/guardian. In accordance with state law, the Superintendent shall annually report all incidents of possession, use or sale of controlled substances to the Office for Safe Schools. Off-Campus Activities & On School Grounds Activities During Nonschool Hours This policy shall also apply to student conduct that occurs off school property or to school grounds activities that occur when school is not in session and violate the Student’s Right and Responsibilities Policy 235 & 235-AG (Code of Student Conduct) or the Student Responsibilities cited in the PA School Code (22 PA Code 12.2) if it also entails any one (1) of the following: 1. There is a nexus between the proximity or timing of the conduct in relation to the student’s attendance at school or school-sponsored activities. 2. 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. 3. The conduct has a direct nexus to attendance at school or a school-sponsored activity, such as an agreement or plan to complete a transaction outside of school that would violate the Student’s Rights and Responsibilities or the Student Responsibilities cited the PA School Code. 4. The conduct involves theft or vandalism of school property. Responsibilities The Superintendent and/or his/her designee shall develop procedures for the implementation of this policy that shall be approved by the Board. The procedures shall be evaluated periodically. The procedures shall provide school personnel with the parameters for the handling of drug/alcohol related incidents while recognizing the need and rights of the student within the confines of the law. Parents/Guardians and students shall be informed of this policy annually through the student handbook and the posting of this policy on the district website. Guidelines 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. Student Assistance Program (SAP) The goals of the Student Assistance Program are as follows: 1. Help identify student issues, including drug and alcohol problems, that pose a barrier to learning and student success. 2. Help students overcome these barriers in order that they may achieve, remain in school and advance by offering support and resources to these students and their families. 3. Mobilize community resources. 4. Develop better communication among staff, students, parents/guardians, and outside agencies and facilities that specialize in drug and alcohol dependency treatment. Parental Notification When the parent(s)/guardian(s) are notified of a violation of this policy, a conference will be held by the principal or designee with the parent(s)/guardian(s) informing them of information known concerning the incident. Particular care shall be taken to emphasize to the parent(s)/guardian(s) the possibility of adverse physical/emotional side effects. As part of the conference/notification process, both the student and the parent(s)/guardian(s) will be informed of the availability of counseling services. This provides notification to the student and the parent(s)/guardian(s) that they have access to qualified resource persons to assist them in identifying the nature and extent of the student’s problem and allows for the possibility of treatment and prevention alternatives. Special care will be taken to emphasize with the parent(s)/guardian(s) that all information obtained during the course of the counseling session is private and personal between the counselor and the student and parent(s)/guardian(s). Voluntary Self-Referral/Parent Referral Any student who has concerns related to his/her own drug/alcohol use or any parent/guardian who has a concern about his/her child is encouraged to seek help from a counselor, teacher, nurse, advisor, administrator, or member of the SAP Team. Anabolic Steroids 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. 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. The following minimum penalties are prescribed for any student in extracurricular activities found in violation of this section of the student drug and alcohol policy: 1. For a first violation, suspension from extracurricular activities for thirty (30) days. 2. For a second violation, suspension from extracurricular activities for the remainder of the season and the following season. 3. For a third violation, permanent suspension from extracurricular activities. No student shall be eligible to resume participation in school athletics unless a medical determination has been submitted verifying that no residual evidence of steroids exists. Drug Testing If based on a conclusive report and investigation a student is found to be in possession of a controlled substance; or a positive response by a drug dog is received; or the student’s behavior, medical symptoms, vital signs, or other observable factors cause the building principal reasonable suspicion that the student is under the influence of a controlled substance, then the student may be required to submit to drug or alcohol testing. The testing may include but is not limited to the analysis of urine, saliva, and/or the administration of a breath test. Reasonable Individualized Suspicion Reasonable suspicion is defined as a particularized set of facts or circumstances, gathered on an objective basis, supported by specific and articulable facts, for suspecting a student of being under the influence of a controlled substance, including alcohol. In determining whether the administrators of LASD have a basis to believe that they have reasonable suspicion that a student is under the influence of a controlled substance, the following factors may be taken into consideration: 1. The student’s observable behavior on the day in question. 2. The student’s vital signs. 3. Whether, on the day in question, the student was investigated for and found to be in possession of a controlled substance as defined in this policy. 4. Whether, on the day in question, the student’s personal belongings and/or storage facility and/or vehicle created a positive response by a drug dog. Investigative Procedure To Determine Reasonable Suspicion If the administration receives a report that a student is believed to be under the influence of a controlled substance, the administration will initiate an investigation into the report for purposes of determining whether reasonable suspicion that the student is under the influence exists. The investigation may include, but is not limited to, interviewing the student(s), observing the student, and a preliminary physical examination by the school nurse. After completing the investigation, a team of individuals comprised of one (1) administrator, one (1) guidance counselor, and the school nurse will determine whether reasonable suspicion exists that the student is under the influence of a controlled substance. If the team concludes that reasonable suspicion exists, the student may be subject to a drug or alcohol test. 1. The School Nurse may conduct a preliminary examination to ascertain if the student is likely to be under the influence of a controlled substance or alcohol. 2. If, after reviewing the results of the investigation, the team (school nurse, guidance counselor, and administrator) concludes that there is reasonable suspicion that the student is under the influence of a controlled substance or alcohol, the administrator will attempt to contact the student’s parent/guardian before the student is tested. In the event a parent/guardian cannot be reached, the administration will proceed with the testing procedure. In instances where a student is suspected of being under the influence of a controlled substance and any members of the evaluation team are unavailable, the Board authorizes the administration to designate another staff member to serve on the evaluation team. Testing Procedure If the student is required to submit to a drug or alcohol test, it will be performed in the following manner: 1. The staff member investigating will write an anecdotal report setting forth the specific and articulable facts on which reasonable suspicion is based that the student is under the influence of a controlled substance. 2. A medical professional or a facility approved by the district will do the testing. The parent/guardian of the student may exercise the right to choose a different medical professional or facility to administer the test within the time limit set by the district. This exception does not include a test administered at-home or at locations that do not have established testing procedures that include chain of custody. Preliminary results must be provided to the district promptly, followed by the confirmatory results. Proof of chain of custody must be provided to the district along with the results to confirm that the student in question is the donor of the sample tested. If the parent/guardian exercises the right to choose another medical professional or facility, the parent/guardian will be responsible for the cost of the test. If the district does not receive the results of that test, the student shall be treated as if s/he had tested positive for a controlled substance and will receive the discipline designated in the Drug and Alcohol Policy. 3. The testing will be conducted in a reasonable manner using a method that takes into account the factors of the student’s age, and sex, and the degree of intrusiveness involved in collecting a sample for testing. Appropriate chain of custody procedures will be followed. 4. Disclosure of drug testing results will be limited to the student, the student’s parent/guardian, and appropriate district administrators for the purposes of providing counseling or taking appropriate disciplinary action, and law enforcement officials if required in the state mandated Memorandum of Understanding. If the student or the student’s parent/guardian refuses to consent to the test, the student shall be treated as if s/he had tested positive for a controlled substance and appropriate disciplinary measures will be taken. Subsequent independent drug test results retrieved by the parent/guardian/student may be used to challenge and/or validate the district’s drug screening so long as the test is conducted within one (1) hour of the parent/guardian being notified of the district’s reasonable suspicion of the student being under the influence of a controlled substance. Independent tests done to refute or validate the district’s test must be done by a medical professional or district approved facility. If the parent/guardian chooses to use the results of the independent test to challenge of the results of the district’s test, the test results along with proof of chain of custody must be provided to ensure that the student in question is the donor of the sample tested. A positive result will subject the student to the discipline for a violation of this policy. Subsequent positive tests will be treated in accordance with the level of offense under this policy. In conjunction with the level of discipline, a positive result will subject the student to a follow-up drug test within forty-five (45) days. Confidentiality Any and all actions by staff, students and administrators, pursuant to this policy including the preparation of written reports, referrals, accusations or violations and/or discipline, shall be held at all times in the strictest confidence. 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. 807.1 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, 113.1, 113.2, 122, 123, 210, 210.1, 218, 233, 805, 805.1