Drug and Alcohol Abuse by Student

Adopted:   9-24-90
Amended:  9-8-00
Revised:   11-8-06 
Revised:   3-13-08
Revised:   3-11-20

Philosophy

The South Sanpete Board of Education recognizes that the use, possession, distribution, or sale of tobacco, E-cigarette, alcohol, drugs, prescription drugs, controlled substances, and other similarly harmful substances, or drug paraphernalia constitute a hazard to the safety and welfare of students and faculty, and is illegal under the laws of the State of Utah. (References: Utah Code: 32A-1-105, 58-37-(1- 4), and 76-10-107) Utah Code § 26-38-2(1) (2018)

The Board believes that tobacco, E-cigarette, alcohol and drug prevention programs are effective in providing students with an opportunity to build social skills, enhance self-concept, as well as providing information on the harmful effects of tobacco, E-cigarette, alcohol and drugs.  Prevention curriculum can also assist students with the necessary skills needed for decision making toward a healthier life style, including the prevention of misuse and abuse of tobacco, E-cigarette, alcohol and other drugs.

Definitions

Use, possession, sale, distribution, alcohol, drugs, controlled substances, and imitation controlled substances, shall have the meaning ascribed to them in the Utah Controlled Substances Act, The Utah Drug Paraphernalia Act, the Imitation Controlled Substances Act, and the Alcoholic Beverage Act, or any successor acts thereto of the Utah Code.
Utah Code § 53G-8-209(2) (2019)
Utah Code § 53G-8-210(1)(a)(ii) (2019)
Utah Admin. Rules R277-624-3 (January 8, 2020)

  1. Parents mean natural parents, foster parents, or legal guardians. 
  2. Other Similar Harmful Substances mean substances such as inhalants “huffing” and/or inappropriate use of prescription or over-the-counter drugs.
  3. “E-cigarette” means any electronic oral device that provides an aerosol or a vapor of nicotine or other substance and which simulates smoking through its use or through inhalation of the device, including but not limited to an oral device that is composed of a hearing element, battery, or electronic circuit and marketed, manufactured, distributed as an e-cigarette, e-cigar, e-pipe, or any other name or description if the function of the product meets this definition.
    Utah Code § 26-38-2(1) (2018)
  4. School District Location means any school building or any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event or function, such as field trip or athletic event, where students are under the jurisdiction of the District.
  5. Year-to-year means that violations would be counted only in the current school year and students would begin each year with a clean slate: however, if the discipline for a violation that occurred in the spring can not be completed before school is out, it may be carried over to the next school year.                                                                                                                              

Policy

  1. South Sanpete School District prohibits any unauthorized selling, giving, using, delivering, transferring, possessing, controlling, or distributing any tobacco, E-cigarette, alcohol, controlled substances, prescription drugs, over-the-counter medications, imitation controlled substances, and/or other similarly harmful substances, or drug paraphernalia. These actions are prohibited at any School District Location at anytime.
  2. The District discourages students from taking over-the-counter or prescribed mediations of any kind at school. Ideally, all medications should be taken at home before school, after school, or parents/guardians may personally bring the medication to school to give to their children. If medications are taken at school, the following rules apply:
    1. Students less than 12 years of age may not self medicate at school; the parents/guardians of the students this age must coordinate their medication and/or treatments through the school nurse and trained school personnel who will administer the medication.
    2. Students 12 years of age or older may self medicate, but they are restricted to have only a day’s dose in their possession. 
    3. Students of any age are not allowed to self medicate a controlled substance, e.g., Loratab, Oxycontin, Ritalin, etc. at school unless prior permission is established by the school nurse, a medical physician, and the medication is locked in the office and administered by trained school personnel.
  3. Disciplinary action, independent of any police or court action, will be taken by the school or District in cases involving violations of this Policy. 
  4. In accordance with State Law, there will be a designated educator in each school who will receive training regarding recognition and referral of students using controlled substances, hereafter referred to as Designated Educator. Any educator who has reasonable cause to believe that a student at the public school where be/she is employed has committed a prohibited act shall immediately report the act to the schools administrator and the Designated Educator. 
  5. The District or a school administrator may conduct searches of lockers, vehicles, desks or any other school owned facility or equipment where reasonable cause exists. Such searches may be conducted at the discretion of the Superintendent, the school principal, Designated Educator, or designee. Drug testing may also be allowed with or without parent permission if judged necessary by the Designated Educator.If a student refuses to be drug tested after the parent/guardian has agreed to have the student do so, the school administrator or designee may consider the student’s refusal to cooperate, together with other evidence and information about the incident, in deciding to proceed or not to proceed with the outlined discipline of this Policy.
  6. The Designated Educator or administrator shall discuss the evidence and provide the student due process with a reasonable opportunity to respond and present relevant information. The nature of due process may depend in part on the magnitude of the violation and the penalty to be imposed. 
  7. Special Education students who use illegal drugs will be treated in accordance with the current Rules and Regulations for Special Education Students.
  8. Any offense involving sale or distribution of a controlled substance will be treated as outlined in the Safe Schools Policy JH rather than this Policy.
  9. The school system will not be held responsible for any financial action resulting from disclosure (assessment, treatment, testing, or counseling).Payment for services or materials provided by chemical abuse professionals who are not school employees will be the responsibility of the parents.
  10. This Policy is generally applied on a year-to-year basis; however, the Board reserves the right to carry over past violations to subsequent school years in specific cases for habitual offenders. 
  11. Students may not possess, use, or distribute tobacco or tobacco products on school property or during any school activity (whether or not it takes place on school property).Students violating this prohibition are subject to discipline and shall be handled according to District Policy JHB, the local school’s policy, and Juvenile Court.

Utah Code § 53G-8-209(2) (2019)

Utah Code § 53G-8-210(1)(a)(ii) (2019)

Policy Statements

The following Policy Statements shall apply to drug and alcohol violations:

First Offense

  1. Immediately attempt to notify the parents and arrange a conference with the student and parent to provide due process. 
  2. Report the incident to the court or law enforcement. If applicable, the school may recommend that the student receive counseling. 
  3. Counseling will ultimately be the decision of the courts or the parents. 
  4. Exclude student from participation in or attendance at any extra-curricular activities for fourteen (14) calendar days.
  5. Students will be suspended from school for (1-10) school days and placed in a home-study program by the school. During this time, it shall be the parent’s responsibility to monitor the education of the student: get homework and return assignments to school.(In certain situations, the student could be assigned to in-school suspension)
  6. Upon the student’s return, the Juvenile Court may exercise the right to random drug testing. If the student tests positive, he/she will then be disciplined under Subsequent Offenses.
  7. A suspended student may not be re-admitted to school until the student and the student’s parent have met with the principal or Designated Educator to review the suspension and have agreed with the school’s plan to avoid recurrence of the violation resulting in suspension.

Subsequent Offenses

  1. Immediately attempt to notify parents and provide due process.
  2. Report the incident to the court or law enforcement.
  3. Place student in a home-study setting for a period of forty-five (45) school days. The education of the student may be made through an alternative education program or continue through the school. It shall be the parent’s responsibility to facilitate and monitor this alternative education program. 
  4.  If applicable, the school may recommend that the student receive counseling. Counseling will ultimately be the decision of the courts or the parents. 
  5. Exclude students from participation in or attendance at school activities and from the school grounds during the forty-five (45) school days.
  6. Upon the student’s return, the Juvenile Court may exercise the right to random drug  testing. If the student tests positive, the student may be further disciplined under Subsequent Offenses or be excluded from school.     
  7. A suspended student may not be re-admitted to school until the student and the student’s parent have met with the principal or Designated Educator to review the suspension and have agreed with the school’s plan to avoid recurrence of the violation resulting in suspension.

Confiscation and Disposal of Electronic Cigarette Products

Any electronic cigarette product found in the possession or control of a student on school property or at a school activity (including such products found in student lockers, desks, or similar locations) shall be confiscated by staff and shall be destroyed or otherwise disposed of. However, if the electronic cigarette product is suspected to contain illegal controlled substances or to be used to consume illegal controlled substances, a school administrator may release the product to law enforcement as part of an investigation or action rather than destroying the confiscated product. (For purposes of this exception, nicotine or other tobacco derivatives are not considered illegal controlled substances.)

Utah Admin. Rules R277-624-3(2) (January 8, 2020)

pdfJN_School_Fees_and_Fee_Waivers.pdf

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