502.7 Student Substance Use

502.7 Student Substance Use

The Board believes it is imperative to promote the health and well-being of all students in the district. The district will provide a substance use prevention program and set restrictions on substance use by students in accordance with applicable law.

The board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of alcohol, tobacco/nicotine products, other controlled substances, or "look alike" substances that appear to be tobacco/nicotine products, alcohol or controlled substances by students while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if the misconduct will directly affect the good order, efficient management and welfare of the school district. “Controlled substances” in this policy refers to the misuse of both licit and illicit drugs.

The board believes such illegal, unauthorized or contraband materials generally cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees, or visitors.

Violation of this policy by students will result in disciplinary action including suspension or expulsion.  Use, purchase or being in possession of tobacco/nicotine products for those under the age of twenty-one, may be reported to the local law enforcement authorities.  Possession, use or being under the influence of alcohol and/or of a controlled substance may also be reported to the local law enforcement authorities.

Students who violate the terms of this policy may be required to satisfactorily complete a substance use assistance or rehabilitation program approved by the school board.  If such student fails to satisfactorily complete such a program, the student may be subject to discipline including suspension or expulsion.

The board believes the substance use prevention program will include:

  • Age-appropriate, evidence-based substance use prevention curriculum for students in grades kindergarten through twelve, which address the legal, social, and health consequences of tobacco, drug and alcohol use and which provide information about effective techniques for resisting social pressure to use tobacco, drugs or alcohol;
  • A statement to students that the use of controlled substances and the unlawful possession and use of tobacco/nicotine products and alcohol is harmful to student well-being;
  • Standards of conduct for students that clearly prohibit, at a minimum, the unlawful possession, use, being under the influence of or distribution of controlled substances, tobacco/nicotine products and/or alcohol by students on school premises or as part of any of its activities;
  • A clear statement that disciplinary sanctions, up to and including suspension or expulsion and referral for prosecution, will be imposed on students who violate the policy and a description of those sanctions;
  • A statement that students may be required to complete a substance use evaluation to determine whether substance use disorder treatment is recommended and, if recommended, successfully complete an appropriate rehabilitation program;
  • Information about drug and alcohol counseling and rehabilitation and re-entry programs available to students;
  • A requirement that parents and students be given a copy of the standards of conduct and the statement of disciplinary sanctions required; and,
  • Notification to parents and students that compliance with the standards of conduct is mandatory.

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

 

Legal Reference:          34 C.F.R. Pt. 86.
                                    Iowa Code §§ 123.46; 124; 279.8, .9; 453A.
                                    281 I.A.C. 12.3(6); .5(3)(e), .5(4)(e), .5(5)(e)

 

Cross Reference:          502      Student Rights and Responsibilities
                                    503      Student Discipline
                                    507      Student Health and Well-Being

 

 

Initially Approved 02-14-2000                    
Last Reviewed  02-14-2024            
Last Revision    02-14-2024 

nmckinnon@clar… Thu, 02/15/2024 - 14:59

502.7R1 - Student Substance Use Regulation

502.7R1 - Student Substance Use Regulation

Possessing, using or being under the influence of any controlled substance, look-alike, substitute, or any substance represented to be a controlled substance  or an alcoholic beverage (other than medication prescribed by the individual student's licensed health care provider and which is taken in accordance with the licensed health care provider directions) and manufacturing, possessing, or selling drug paraphernalia and/or apparatus used for controlled substances are strictly prohibited while a student is on any school property or under school supervision.  This includes attendance in school or at a school-sponsored function.  

As used in this policy, the term “possessing” means:

  1. that the student has actual physical control of the prohibited substance because it is on or in the student’s body, in a locker individually assigned to the student, or in an item of personal property belonging to the student (including, but not limited to, a bookbag, backpack, or purse), or
  2. that the student knows that a prohibited substance is located within a vehicle or a place (such as a house or an apartment) where the student is present and that the student can exercise physical control over the prohibited substance.  If a student has left school property during his/her normally scheduled time to be in school or while under school supervision, the student will be considered in school and will be subject to disciplinary procedures listed below.

Any student violating the provisions of this policy during enrollment in grades preschool through sixth or seventh through twelfth in Clarinda Community School District (CCSD) will be subject to the following disciplinary procedures and will be provided information and the option to take part in the CCSD substance abuse/healthy lifestyles program above and beyond the violation expectations:

First Offense:

  1. Parents or guardians are notified by mail and phone.
  2. The violation is referred to law enforcement authorities.
  3. The student is placed on a five-day out-of-school suspension. Prior to returning to school, parents or guardians will be scheduled to meet with school officials.
  4. Before readmittance, a parent/guardian conference is required at which evidence of a substance abuse program or healthy lifestyles program evaluation approved by CCSD must be furnished.
  5. Within 30 days of the incident, the family must meet with appropriate school officials to review the rehabilitation plan developed as a result of the chemical abuse evaluation, counseling or treatment program.
  6. Failure to comply with the steps listed may result in a recommendation for additional disciplinary consequences to the Board of Education, unless the student is protected by provisions of the Individuals with Disabilities Education Act (IDEA).

 Second Offenses:

  1. Parents or guardians are notified by mail and phone.
  2. The violation is referred to law enforcement authorities.
  3. The student is placed on an eight-day out-of-school suspension.  Prior to returning to school, parents or guardians will be scheduled to meet with school officials.
  4. Parents or guardians are notified by mail and phone.
  5. The violation is referred to law enforcement authorities.
  6. The student is placed on an eight-day out-of-school suspension.  Prior to returning to school, parents or guardians will be scheduled to meet with school officials.
  7. Before readmittance, a parent/guardian conference is required at which evidence of an evaluation and 3 scheduled meetings with a substance abuse program or healthy lifestyles program approved by CCSD must be furnished. 
  8. Within 30 days of the incident, the family must meet with appropriate school officials to review the rehabilitation plan developed as a result of the substance abuse evaluation, counseling or treatment program.
  9. Failure to comply with the steps listed may result in a recommendation for additional disciplinary consequences to the Board of Education, unless the student is protected by provisions of the IDEA.

Third and Subsequent Offenses:

  1. Parents or guardians are notified by mail and phone.
  2. The violation is referred to law enforcement authorities.
  3. The student will be recommended to the Board of Education for removal from school and placement in an alternate setting (i.e. an approved online program) for 20 school days, unless the student is protected by provisions of IDEA, in which case the Superintendency will determine if such a suspension is appropriate.
  4. In lieu of the 20-day suspension described above, the student, parents or guardians, and the Superintendency may enter into an agreement that the student be placed on a 10-day out-of-school suspension provided that the student enrolls and successfully participates in a substance abuse program or healthy lifestyles program approved by CCSD. If the student violates the terms of the agreement, then the recommendation for 20-day suspension will be reinstated, less any suspension days already served.
  5. After 20 day long term suspension and before readmittance, a parent/guardian conference is required at which evidence must be furnished of a scheduled substance abuse evaluation, counseling or treatment program.
  6. After 20 day long term suspension and before readmittance, a parent/guardian conference is required at which evidence must be furnished of a scheduled substance abuse evaluation, counseling or treatment program.
  7. Within 30 days of the incident, the family must meet with appropriate school officials to review the rehabilitation plan developed as a result of the substance evaluation, counseling or treatment program.
  8. Failure to comply with the steps listed may result in a recommendation for additional disciplinary consequences to the Board of Education, unless the student is protected by provisions of the IDEA.

 

The sale or distribution, attempted sale or distribution and/or purchase or acquisition with the intent to sell or distribute by a student of any prohibited substance (“prohibited substance” defined for purposes of this policy to mean any alcoholic beverage, controlled substances, look-alike, substitute, or any substitute represented to be an alcoholic beverage or a controlled substance) is strictly prohibited while the student is on any school property or under school supervision.  This includes attendance in school or at a school-sponsored function.  

A student may be considered to have an intent to sell or distribute a prohibited substance if evidence or testimony is obtained by the school administration that supports the finding that a student intended to sell or distribute a prohibited substance.
 

Any student violating the provisions of this policy will be subject to the following disciplinary procedures:
 

  1. The parents or guardians are notified by mail and phone.
  2. The violation is referred to law enforcement authorities.
  3. The student is placed on an out-of-school suspension and will be recommended for long term suspension or expulsion to the Board of Education, unless the student is protected by provisions of the Individuals with Disabilities Education Act (I.D.E.A.), in which case the Superintendency will determine if a long term suspension or expulsion hearing before the Board is appropriate.

If a student has left school property during his/her normally scheduled time to be in school or while under school supervision, the student will be considered in school and will be subject to the above procedures.

Students who violate the terms of this policy may be required to satisfactorily complete a substance abuse assistance or rehabilitation program acceptable by the board. 

Information received from students and/or parents who voluntarily seek help from school authorities concerning the student's use of alcohol and/or controlled substances before being found to be in violation of the provisions of this policy, will be maintained in confidence to the maximum extent possible and will not serve as a basis for disciplinary actions. However, this does not provide immunity for disciplinary action should students continue to use or possess or be under the influence of alcohol and/or controlled substances provided here.  The Superintendent in consultation with the Board President has the discretion to alter the disciplinary consequences specified in this policy for students in preschool through twelfth grade.

 

dawn@iowaschoo… Fri, 09/11/2020 - 15:34