Policy 5131.6 - Alcohol and Other Drugs

Alcohol and Other Drugs

The Board of Education believes that the use of alcohol or other drugs adversely affects a student’s ability to achieve academic success, is physically and emotionally harmful, and has serious social and legal consequences. The Board desires to keep district schools free of alcohol and other drugs in order to help prevent violence, promote school safety and create a well-disciplined environment conducive to learning.

The Superintendent or designee shall develop, implement and evaluate a comprehensive prevention and intervention program that is coordinated with other school and community-based services and programs. The district’s program shall be scientifically based and designed to prevent or reduce alcohol or other drug use and the possession and distribution of illegal drugs. It shall include primary prevention activities such as decision-making skills and conflict management, instruction, referral to a rehabilitation program, enforcement/ discipline, activities that promote the involvement of parents/guardians and coordination with appropriate community agencies and organizations.

The Board of Education and Superintendent shall agree upon performance measures that will be used to monitor and determine the effectiveness of the district’s program in reducing drug and alcohol use. The Superintendent or designee shall develop and implement an evaluation process that includes ongoing assessment and analysis of objective data regarding the incidence of drug and alcohol use among district students, including discipline problems, and the prevalence of risk factors.

The Superintendent or designee shall consult with principals, teachers, other school personnel, students and parents/guardians when developing the district’s program.

The Superintendent or designee shall clearly communicate to all students, staff and parents/guardians the district’s policies, regulations and school rules related to the use of alcohol and other drugs on school campuses or at school activities. Information about program needs and goals shall be widely distributed in the community.

Staff should encourage students to participate as responsible partners in efforts to maintain a safe, constructive school climate.

Instruction

The district shall provide science-based preventative instruction which has been proven effective in helping students avoid the use of alcohol and other drugs.

All instruction and related materials shall consistently state that unlawful use of alcohol or other drugs is wrong and harmful. Instruction shall not include the concept of responsible use of drugs or alcohol when such use is illegal.

The district shall offer staff development activities for staff who implement the comprehensive drug and alcohol prevention and intervention program.

School staff, students and parents/guardians shall be informed about early warning signs which may indicate alcohol and other drug use and about appropriate agencies offering intervention programs, counseling, referral and other student assistance programs.

The Board of Education strongly encourages any student who is using alcohol or drugs to discuss the matter with his/her parent/guardian or with any staff member. Students who disclose their use of alcohol or other drugs when seeking help from an intervention or recovery program shall not be disciplined for such use.

Enforcement/Discipline

The Superintendent or designee shall take appropriate action to eliminate possession, use or sale of alcohol and other drugs and related paraphernalia on school grounds or at school-sponsored activities.

School properties may be inspected by school authorities in the interest of maintenance, health and safety. Inspections for the location of controlled substances, alcohol or intoxicants are matters relating to health and safety and may be conducted by school personnel so long as such inspections are conducted in accordance with constitutional requirements of applicable state law and federal law relating to searches and seizures.

Students possessing, using or selling alcohol or other drugs or related paraphernalia shall be subject to disciplinary procedures including suspension or expulsion and/or referral to law enforcement in accordance with law, Board policy and rules. In addition, such students may be referred to an appropriate counseling program, transferred to an alternative placement, and/or be placed on social probation as in Policy/Rule 6145, Extra-Curricular and Co-Curricular Activities and restricted from extracurricular activities, including athletics.

The Board of Education believes that school personnel must be trained to identify symptoms which may indicate use of alcohol and other drugs.

Recognizing the importance of deterring alcohol use and identifying students under the influence, appropriately trained school authorities may use breathalyzers as a means for such detection. Breathalyzers may be used on school property, during school hours, at school-sponsored events or when students are under the supervision of district employees.

Rule 5131.6

Intervention

District staff shall intervene whenever students use alcohol or other illegal drugs while on school property or under school jurisdiction. Staff members who have a reasonable suspicion that a student may be under the influence of alcohol or drugs shall immediately notify the principal or designee.

If the principal or designee, in his/her professional capacity or in the course of his/her employment, knows, observes or suspects that a student may be under the influence of alcohol or drugs, he/she may notify the parent/guardian.

School staff shall not disclose confidential information provided during counseling by a student 12 years of age or older. A school counselor may report such information to the principal or parent/guardian only when he/she believes that disclosure is necessary to avert a clear and present danger to the health, safety or welfare of the student or other persons living in the school community. The school counselor shall not disclose such information to the parent/guardian if he/she believes that the disclosure would result in a clear and present danger to the student’s health, safety or welfare.

Use or Possession

1. No internal medication is to be administered to students by school personnel except as prescribed by a doctor.
2. Prescription drugs must be in their original containers and kept in the office.
3. Whenever any staff member has reason to believe that a student may be under the influence of a controlled substance, alcohol, or an intoxicant, he/she shall immediately notify the principal or his/her designee. The principal or his/her designee, if in agreement, shall notify the parent to come for the student and to remove the student to his/her home, to a physician, to medical facilities or to the jurisdiction of the police.
4. In emergencies, the principal or his/her designee is authorized to call an ambulance to remove the student to a hospital. Parents will be notified of this action and shall be responsible for the incurred expenses.
5. In any offense in which students illegally possess, use, or are under the influence of alcohol, controlled substances or other intoxicants as defined in state law, while at school or school activities, the following will result in accordance with due process:
   1. A parent conference
   2. Suspension from school
   3. Social probation, restriction from extra-curricular activities (Rule 6145)
   4. Recommendation for expulsion for controlled substances and intoxicants. Students who illegally possess, use or are under the influence of any of the substances referred to above, are in possession of any paraphernalia associated with said substances, shall be recommended for expulsion upon the 2nd offense within a high school career (grades 9-12), unless the principal finds that expulsion is inappropriate due to the particular circumstances.
   5. Notification of law enforcement within one school day. In addition, the following action may be taken: a. Transfer to another school or program as appropriate b. Referral to an appropriate substance abuse counseling program
6. Appropriately trained school administrators may use breathalyzers as a means for detecting the use of alcohol on school property, during school hours, at school-sponsored events or when students are under the supervision of district employees. A breathalyzer test may be administered to any student upon a reasonable suspicion that the student has recently ingested alcohol. A “reasonable suspicion” means a suspicion based on articulable fact and any rational inferences drawn from those facts. It may be used on evidence other than direct observation.

Selling or Furnishing

Staff shall notify the principal or designee immediately upon suspecting a student is selling or providing alcohol or other drugs. The principal or designee may notify law enforcement prior to confronting or searching the student.

1. When it is found that a student has sold or furnished a controlled substance, or sold/furnished alcohol, or an intoxicant or a material represented as a controlled substance, the procedures listed below will be followed:
   1. A parent conference
   2. Suspension from school
   3. Social probation, restriction from extra-curricular activities (Rule 6145)
   4. Notification of law enforcement within one school day of the suspension
   5. Recommendation for expulsion

In addition, the following action may be taken:

1. Referral to an appropriate community counseling program.
2. A search for controlled substances, alcohol or intoxicants must be made in accordance with the provisions of law, Board policy and administrative regulations. For reasonable suspicion, a search may be made by the principal or his/her designee. This may include searching the student’s locker and/or other District owned facilities such as science drawers, shop lockers, etc. Such search should be conducted by the principal or his/her designee with at least one other certificated person as witness. Searches and seizures shall be conducted in accordance with Board Policy and Rule 5145.12.

Biennial Program Review

The Superintendent or designee shall review the district’s alcohol and drug education program every two years in order to determine its effectiveness, implement any needed changes, and ensure that related disciplinary procedures are being consistently enforced.

Instruction

Students shall receive instruction by appropriately trained instructors about the nature and effects of alcohol and other drugs, including dangerous drugs defined by Health and Safety Code 11032.

Site administrators shall determine that drug education instructors possess:

1. The ability to interact with students in a positive way;
2. Knowledge of the properties and effects of tobacco, alcohol, narcotics, dangerous drugs, and shared drug apparatus; and
3. Effective teaching skills and competency in helping students to express opinions responsibly and to become aware of their values as they affect drug-use decisions.

At all grade levels, instruction shall include a study of the effects of alcohol and other drugs upon the human system, as determined by science. In grades 1 through 6, instruction in drug education should be given in health courses required by Education Code 51210.

In grades 7 through 12, instruction in drug education shall be conducted in health courses, and in any other appropriate area of study required by Education Code 51220. Instruction shall be sequential in nature and suited to meet the needs of students at their respective grade level.

Secondary school instruction shall include a study of the effects of alcohol and other drugs upon prenatal development. The district drug education program shall augment county drug education services, if any. District staff shall take every opportunity to cooperate with county office of education staff in planning and implementing collaborative alcohol and drug prevention programs.