Review and Analysis of Current Colorado School District Policies for Compliance with TFS Updated Legislation

Transcription

1 Review and Analysis of Current Colorado School District Policies for Compliance with TFS Updated Legislation Prepared for the Colorado Department of Public Health and Environment November 25, 2014 Introduction In 2012, Colorado voters passed Amendment 64 to the state constitution, permitting limited adult possession of marijuana and the establishment of marijuana retail businesses. The following year, the Colorado General Assembly passed Senate Bill , Concerning Implementation of Amendment 64, which made revisions to state laws to accommodate legalized marijuana. The law went into effect immediately on the Governor s signature on May 28, A key section of Senate Bill amended Colorado Revised Statutes , which had previously required Colorado school boards to set policies and regulations prohibiting the use of tobacco products on all school property. The new law amended to require districts to prohibit retail marijuana use on school property as well. The specific amendment stipulates: Prohibition against the use of tobacco products and retail marijuana on school property legislative declaration education program special account. (3) (a) (I) The board of education of each school district shall adopt appropriate policies and rules which THAT mandate a prohibition against the use of all tobacco products AND ALL RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCTS AUTHORIZED PURSUANT TO ARTICLE 43.4 OF TITLE 12, C.R.S., on all school property by students, teachers, staff, and visitors and which THAT provide for the enforcement of such policies and rules. To assess progress toward meeting this legislative requirement, the Colorado Department of Public Health and Environment contracted with RMC Health to conduct a policy review of Colorado school districts and analyze the extent to which school districts had adopted the required language in their policies. This report summarizes findings from that review. Page 1 of 7

2 Required Policy Language to Comply with Updated Legislation Typically, in Colorado, school districts have placed their legally required prohibitions on tobacco use in many different policies (Appendix A). The three separate policies reviewed for this report, based on the population addressed by the policy, are: Population Addressed GBEC Alcohol and Drug- Free Workplace Personnel JICH Drug and Alcohol Involvement by Students Students KFA Public Conduct on District Property School/Community Relations Nearly all of the districts whose policies were reviewed used the above coding system, although some used slightly different alphabetical identifiers for policies within the same overall coding categories. The Colorado Association of School Boards, CASB, provides sample policies and policy assistance to member school districts throughout the state. Only three school districts in Colorado are not members of CASB. A fourth district, Douglas County School District, had allowed their CASB membership to lapse in However, the Douglas County School Board voted on November 18, 2014, to renew its membership 1. In March 2013, CASB issued guidance advising member districts that they needed policies in place to prohibit the use of retail marijuana and use of retail marijuana products on school or district property. CASB stated that their sample policies already included such prohibitions, and they had determined no substantive revisions to the CASB sample policies were necessary to address SB While CASB stated that boards with policies in place that include prohibitions against marijuana use (retail, medical, or other) on school property were unlikely to need policy revisions, CASB suggested adding a reference to C.R.S to policies GBEC and JICH. In addition, CASB issued a revision to their sample policy KFA to ensure consistency with both state and federal criminal laws and to change the parenthetical description of the legal reference to C.R.S from tobacco use prohibited on school property to boards of education must adopt policies prohibiting tobacco and retail marijuana use on school property. CASB guidance noted that federal law, 21 U.S.C. 860, already prohibits the manufacture of, distribution of, or possession with intent to distribute a controlled substance within 1,000 feet of a school. A reference to this federal statute was added to CASB s sample policy KFA. 1 Douglas County News-Press article 11/24/14, DCSD rejoins state group Page 2 of 7

3 WINDSOR RE-4 JOHNSTOWN- MILLIKEN RE-5J MANITOU SPRINGS 14 ADAMS 14 ENGLEWOOD 1 COLORADO SPRINGS 11 CHEYENNE MOUNTAIN 12 SCHOOL DISTRICT 27J STRASBURG 31J BETHUNE R-5 Although CASB s sample policies had already incorporated prohibitions on marijuana use on school and district property, RMC Health s policy review found that many school districts had not updated their policies recently to keep pace with CASB sample policy guidance and had thus not incorporated marijuana (or retail marijuana) into their policies. Policy Review Process RMC Health staff conducted the policy review in November Of the 178 Colorado school districts, policies were obtained and reviewed for 156 districts. Most districts have made their policies available on their websites, and policies for the remaining districts (54) were requested by and follow- up phone calls. (A few districts reported that they were unable to supply updated policies due to pending board revisions or, in one case, due to a voluntary policy audit being conducted by CASB.) Figure 1 highlights the school districts whose policies were reviewed. See Appendix B for complete lists of the districts whose policies were reviewed and not reviewed and an enlarged map. Figure 1. School District Policies Reviewed Colorado School Districts Marijuana Policy Scan November 2014 (purple districts = policies reviewed) PAWNEE 2 PLATEAU RE-5 PLATTE VALLEY JULESBURG MOFFAT RE:NO 1 STEAMBOAT SPRINGS NORTH PARK R-1 POUDRE R-1 AULT-HIGHLAND RE-9 BRIGGSDALE 0 EATON PRAIRIE 1 VALLEY FRENCHMAN HAXTUN J HOLYOKE J RANGELY RE-4 MEEKER RE1 HAYDEN SOUTH ROUTT RE 3 ESTES PARK R-3 WEST GRAND 1-JT. EAST GRAND 2 THOMPSON R2-J GREELEY 6 WELD ST VRAIN VALLEY RE 1J WELD S/D RE-8 ADAMS 12 FIVE STAR SCHOOLS PLATTE VALLEY RE-7 KEENESBURG (J) WELDON VALLEY 0(J) WIGGINS FORT RE-50(J) MORGAN BUFFALO RE-4J BRUSH (J) AKRON R-1 LONE STAR 101 OTIS R-3 YUMA 1 WRAY RD-2 DE BEQUE 49JT GARFIELD 16 GARFIELD EAGLE RE 50 SUMMIT BOULDER VALLEY RE 2 SCHOOL DISTRICT 27J WESTMINSTER 50 GILPIN MAPLETON 1 SHERIDAN 2 CLEAR CREEK JEFFERSON R-1 PLATTE CANYON 1 DENVER 1 ADAMS- ARAPAHOE BENNETT 28J 29J CHERRY CREEK 5 LITTLETON 6 ELIZABETH C-1 BYERS 32J DEER TRAIL 26J AGATE 300 WOODLIN R-104 ARICKAREE R-2 LIBERTY J-4 IDALIA RJ-3 ROARING FORK DOUGLAS RE 1 KIOWA C-2 LIMON RE-4J ARRIBA-FLAGLER C-20 HI-PLAINS R-23 BURLINGTON RE-6J MESA VALLEY 51 PLATEAU VALLEY 50 DELTA 50(J) MONTROSE J ASPEN 1 GUNNISON WATERSHED RE1J LAKE R-1 PARK BUENA VISTA R-31 LEWIS-PALMER 38 WOODLAND PEYTON CALHAN PARK ACADEMY 23 JT RJ-1 20 FALCON 49 MIAMI/ HARRISON 2 YODER 60 JT CRIPPLE ELLICOTT WIDEFIELD CREEK-VICTOR 3 22 FOUNTAIN 8 SALIDA R-32 CANON CITY HANOVER 28 ELBERT 200 BIG SANDY 100J EDISON 54 JT GENOA-HUGO C113 KARVAL 3 KIT CARSON R-1 STRATTON R-4 CHEYENNE RE-5 WEST END RIDGWAY R-2 COTOPAXI FREMONT PUEBLO CITY 60 CROWLEY -J MANZANOLA 3J EADS WILEY 3 JT PLAINVIEW NORWOOD R-2J DOLORES RE NO.2 OURAY R-1 TELLURIDE R-1 SILVERTON 1 HINSDALE RE 1 CREEDE SCHOOL DISTRICT MOUNTAIN VALLEY RE 1 CENTER 26 JT MOFFAT 2 CUSTER SCHOOL DISTRICT C-1 PUEBLO 70 HUERFANO FOWLER R-4J CHERAW 31 ROCKY FORD R-2 SWINK 33 EAST OTERO R-1 LAS ANIMAS MC CLAVE GRANADA HOLLY LAMAR DOLORES RE-4A BAYFIELD 10 JT-R DEL NORTE C-7 SARGENT 3J SANGRE DE CRISTO 2J SPRINGFIELD RE-4 MONTEZUMA-CORTEZ MANCOS RE-6 DURANGO 9-R IGNACIO 11 JT ARCHULETA 50 JT LA VETA MONTE VISTA ALAMOSA 1J AGUILAR C-8 SIERRA GRANDE R-30 REORGANIZED 6 NORTH CONEJOS J SANFORD 6J TRINIDAD 1 CENTENNIAL R-1 PRIMERO SOUTH CONEJOS 0 REORGANIZED 2 HOEHNE REORGANIZED 3 BRANSON REORGANIZED 82 KIM REORGANIZED 88 PRITCHETT VILAS RE-5 CAMPO RE-6 WALSH Produced by the Colorado Department of Education Web Management Team - April, 2014 Page 3 of 7

4 The policies reviewed covered more than 99% (858,966) of K- 12 students in Colorado school districts, as most of the districts that were unable to supply policies have few students. It is important to note that this policy review was not intended to be a thorough inventory or legal analysis of each district s policies. RMC Health reviewed policies GBEC, JICH, and KFA, or (in the case of districts using different organizational coding system) policies with similar titles. These three policies were examined for specific content and assessed for their level of compliance with SB However, it is possible that some districts may have placed prohibitions on retail marijuana that fully meet legislative requirements elsewhere in their policy manuals. Policies were assessed to be Fully in place, Partially in place, or Not in place. Analysis The following analysis includes the 156 districts whose policies were available for review. As districts have updated some policies more recently than others, policies will be analyzed separately. GBEC Alcohol and Drug- free Workplace Policy RMC Health reviewed policy GBEC for two elements a prohibition on staff using marijuana on district property and a legal reference to C.R.S Compliance with SB Number of Districts Percentage Fully in place 47 30% Partially in place % Not in place 6 4% Most policies contained the prohibition against marijuana use. Generally those policies that were assessed to be partially in place were missing the legal reference only. RMC Health was unable to obtain an Alcohol and Drug- free Workplace policy for six of the districts whose policies were reviewed. These six districts are included in the category not in place. In addition, several districts include a paragraph in their Alcohol and Drug- free Workplace policy that defines illicit drugs and explicitly includes marijuana in that definition based on federal laws. Page 4 of 7

5 JICH Drug and Alcohol Involvement by Students RMC Health reviewed policy JICH for two elements a prohibition on students using marijuana on district property and a legal reference to C.R.S Compliance with SB Number of Districts Percentage Fully in place 43 28% Partially in place % Not in place 6 3% Most policies contained the prohibition against marijuana use. Generally those policies that were assessed to be partially in place were missing the legal reference only. RMC Health was unable to obtain a Drug and Alcohol Involvement by Students policy for six of the districts whose policies were reviewed. These six districts are included in the category not in place. KFA Public Conduct on District Property Policy KFA was reviewed for several elements. Each of these is examined separately below. RMC Health was unable to obtain a Public Conduct on District Property policy for 13 of the districts whose policies were reviewed. For each of the following elements, these 13 districts are included in the category not in place. A prohibition on distribution, manufacture, or sale of controlled substances or the possession of controlled substances with intent to distribute them within 1,000 feet of the perimeter of school grounds. (To ensure consistency with state and federal criminal laws). Compliance with 21 U.S.C. 860 Number of Districts Percentage Fully in place 61 39% Partially in place 0 0% Not in place 95 61% A prohibition on use, possession, distribution or sale of drugs or other controlled substances on district property, at district or school- sponsored functions, or in any district vehicle transporting students. Compliance with SB Number of Districts Percentage Fully in place % Partially in place 0 0% Not in place 15 10% Page 5 of 7

6 A prohibition on entry onto district property by a person known to be under the influence of alcohol or a controlled substance. Compliance with SB Number of Districts Percentage Fully in place 65 42% Partially in place 0 0% Not in place 91 58% Legal reference to 21 U.S.C. 860 (crime to distribute or manufacture controlled substances within 1,000 feet of a school) Legal Reference Number of Districts Percentage Included 58 37% Not included 98 63% Legal reference to C.R.S (2) (crime to sell, distribute or possess with intent to distribute any controlled substance on or near school grounds or school vehicles) Legal Reference Number of Districts Percentage Included % Not included 25 16% Legal reference to C.R.S (boards of education must adopt policies prohibiting tobacco and retail marijuana use on school property) Legal Reference Number of Districts Percentage Included % Not included 46 29% Some of the district policies that cite have not been updated since 2013 and use the previous parenthetical reference, "tobacco use prohibited on school property. RMC Health Contracted Work RMC Health, under contract from the Colorado Department of Public Health and Environment, will complete the following work by June 30, 2015: Provide technical assistance to review and revise school district policies to satisfy the updated inclusion of retail marijuana to the Tobacco Free Schools law. Identify and post model policies that comply with C.R.S on the RMC Health website, Page 6 of 7

7 Provide an online training for Colorado school district superintendents, Boards of Education, and administrators on updates relating to retail marijuana on school property and post the recording on the RMC Health website, Create communication messages for Colorado school districts and schools to inform parents and community members regarding the retail marijuana updates to C.R.S and post on the RMC Health website, Identify and make available through The Health and Learning Resource at RMC Health, evidence based health education curricula for marijuana prevention. Page 7 of 7

8 Appendix A: School District Policies that May Contain Requirements and Best Practices Regarding Tobacco- Free Schools A Foundations Basic Commitments ADC ADC R ADC R ADD E AEB Tobacco Free Schools Use of Tobacco Products on School Premises by Staff Members Use of Tobacco Products on School Premises at Public Functions Safe Schools Tobacco Free School District B School Board Governance Operations BDFD District Drug Abuse Education and Prevention Advisory Council D Fiscal Management DF Corporate Sponsorships and Advertising G Personnel GBEB GBEBA GBED GBK Drug- Free Workplace Staff Dress Code Tobacco Free Workplace Smoking in School Buildings by Staff Members (Use of All Tobacco Products) I Instruction IDGJA IGAG IHA IHAM IHAMA IJOA E Interscholastic Athletic Code Teaching About Alcohol, Tobacco and Other Drugs Basic Instructional Program Health Education Teaching About Alcohol, Tobacco and Other Drugs Field Trip and Excursions Do s and Don ts for Chaperones

9 J Students JFCG JIC R JICA JICC R JICDA JICED JICG JICG R JIH JIH R JJH R JJIC R JJIE R JJJ JK JKB JKD JKD R JKDA JKDA JKE JKE R Smoking by Students (Use of All Tobacco Products) Student Conduct Student Dress Code Student Conduct on School Buses Code of Conduct Student Expression Rights Use of Tobacco Products by Students Use of Tobacco Products on School Premises by Students Student Interrogations, Searches and Arrests Student Interrogations, Searches and Arrests Procedure Student Travel Chaperone Responsibility Form Eligibility/Minimum Standards for Participation Drug and Steroid Use in School Athletics Extracurricular Activity Eligibility Student Discipline In- School Suspension Student Suspension/Expulsion/Denial of Admission Student Suspension/Expulsion/Denial of Admission Procedure Alternatives to Suspension Grounds for Suspension/Expulsion Student Suspension/Expulsion/Denial of Admission Student Suspension/Expulsion/Denial of Admission Procedure K School/Community/Home Relations KF KFA KFC KFD KGC KHB KHB KI Community Use of School Facilities Public Conduct on District Property Community Use of School Fields and Grounds School Communications Tobacco Use on District Property at Public Functions Advertising in Schools Sponsorships Visitors to Schools

10 Appendix B: Lists and Map of Colorado School Districts Reviewed and Not Reviewed Colorado School District Policies Reviewed (156 of 178) Academy 20 Adams 12 Five Star Schools Adams County 14 Adams- Arapahoe 28J Agate 300 Akron R- 1 Alamosa RE- 11J Archuleta County 50 JT Arickaree R- 2 Arriba- Flagler C- 20 Aspen 1 Ault- Highland RE- 9 Bayfield 10 JT- R Bennett 29J Big Sandy 100J Boulder Valley RE 2 Branson Reorganized 82 Briggsdale RE- 10 Brighton 27J Brush RE- 2(J) Buffalo RE- 4J Burlington RE- 6J Byers 32J Calhan RJ- 1 Campo RE- 6 Cañon City RE- 1 Center 26 JT Cheraw 31 Cherry Creek 5 Cheyenne County RE- 5 Cheyenne Mountain 12 Clear Creek RE- 1 Colorado Springs 11 Cotopaxi RE- 3 Creede School District Cripple Creek- Victor RE- 1 Crowley County RE- 1- J Custer County School District C- 1 De Beque 49JT Deer Trail 26J Delta County 50(J) Denver County 1 Dolores County RE NO.2 Dolores RE- 4A Douglas County RE 1 Durango 9- R Eads RE- 1 Eagle County RE 50 East Grand 2 East Otero R- 1 Eaton RE- 2 Edison 54 JT Elbert 200 Elizabeth C- 1 Ellicott 22 Englewood 1 Estes Park R- 3 Falcon 49 Fort Morgan RE- 3 Fountain 8 Fowler R- 4J Frenchman RE- 3 Garfield 16 Garfield RE- 2 Genoa- Hugo C113 Gilpin County RE- 1 Granada RE- 1 Greeley 6 Gunnison Watershed RE1J Hanover 28 Harrison 2 Haxtun RE- 2J

11 Hayden RE- 1 Hi- Plains R- 23 Hinsdale County RE 1 Hoehne Reorganized 3 Holly RE- 3 Holyoke RE- 1J Huerfano RE- 1 Idalia RJ- 3 Ignacio 11 JT Jefferson County R- 1 Johnstown- Milliken RE- 5J Julesburg RE- 1 Karval RE- 23 Keenesburg RE- 3(J) Kim Reorganized 88 Kiowa C- 2 Kit Carson R- 1 La Veta RE- 2 Lake County R- 1 Lamar RE- 2 Las Animas RE- 1 Lewis- Palmer 38 Limon RE- 4J Littleton 6 Mancos RE- 6 Manitou Springs 14 Manzanola 3J Mapleton 1 Mc Clave RE- 2 Meeker RE1 Mesa County Valley 51 Miami/Yoder 60 JT Moffat 2 Moffat County RE:NO 1 Monte Vista C- 8 Montezuma- Cortez RE- 1 Montrose County RE- 1J Mountain Valley RE 1 North Conejos RE- 1J North Park R- 1 Norwood R- 2J Otis R- 3 Park County RE- 2 Peyton 23 JT Plateau RE- 5 Plateau Valley 50 Platte Canyon 1 Platte Valley RE- 3 Platte Valley RE- 7 Poudre R- 1 Primero Reorganized 2 Pueblo City 60 Pueblo County 70 Ridgway R- 2 Roaring Fork RE- 1 Rocky Ford R- 2 Salida R- 32 Sangre de Cristo RE- 22J Sargent RE- 33J Sheridan 2 Sierra Grande R- 30 South Routt RE 3 Springfield RE- 4 St Vrain Valley RE 1J Steamboat Springs RE- 2 Strasburg 31J Summit RE- 1 Swink 33 Telluride R- 1 Thompson R2- J Trinidad 1 Valley RE- 1 Weld County RE- 1 Weld County S/D RE- 8 West End RE- 2 West Grand 1- JT. Westminster 50 Widefield 3 Wiggins RE- 50(J) Wiley RE- 13 JT Windsor RE- 4 Woodland Park RE- 2 Wray RD- 2 Yuma 1

12 Colorado School District Policies Not Reviewed (22 of 178) Districts not responding or policies unavailable for review. Aguilar Reorganized 6 Bethune R- 5 Buena Vista R- 31 Centennial R- 1 Del Norte C- 7 Fremont RE- 2 Liberty J- 4 Lone Star 101 Ouray R- 1 Pawnee RE- 12 Plainview RE- 2 Prairie RE- 11 Pritchett RE- 3 Rangely RE- 4 Sanford 6J Silverton 1 South Conejos RE- 10 Stratton R- 4 Vilas RE- 5 Walsh RE- 1 Weldon Valley RE- 20(J) Woodlin R- 104

13 ADAMS FRENCHMAN LONE STAR 101 OTIS R-3 ARICKAREE R-2 HI-PLAINS R-23 KIT CARSON R-1 MC CLAVE PRITCHETT HAXTUN J YUMA 1 WRAY RD-2 LIBERTY J-4 WILEY 3 JT STRATTON R-4 LAMAR BETHUNE R-5 SPRINGFIELD RE-4 CAMPO RE-6 HOLYOKE J IDALIA RJ-3 VILAS RE-5 BURLINGTON RE-6J CHEYENNE RE-5 EADS PLAINVIEW GRANADA HOLLY WALSH Produced by the Colorado Department of Education Web Management Team - April, 2014 Colorado School Districts Marijuana Policy Scan November 2014 (purple districts = policies reviewed) PAWNEE 2 PLATEAU RE-5 PLATTE JULESBURG VALLEY MOFFAT RE:NO 1 STEAMBOAT SPRINGS NORTH PARK R-1 POUDRE R-1 AULT-HIGHLAND RE-9 BRIGGSDALE 0 PRAIRIE 1 VALLEY EATON RANGELY RE-4 MEEKER RE1 HAYDEN SOUTH ROUTT RE 3 WEST GRAND 1-JT. EAST GRAND 2 ESTES PARK R-3 THOMPSON R2-J ADAMS 12 FIVE STAR SCHOOLS WINDSOR RE-4 GREELEY 6 JOHNSTOWN- MILLIKEN RE-5J WELD ST VRAIN VALLEY RE 1J WELD S/D RE-8 PLATTE VALLEY RE-7 KEENESBURG (J) WELDON VALLEY 0(J) WIGGINS RE-50(J) FORT MORGAN BRUSH (J) BUFFALO RE-4J AKRON R-1 BOULDER VALLEY RE 2 WESTMINSTER 50 SCHOOL DISTRICT 27J STRASBURG 31J BYERS 32J DE BEQUE 49JT GARFIELD 16 GARFIELD EAGLE RE 50 SUMMIT CLEAR CREEK GILPIN PLATTE CANYON 1 MAPLETON 1 SHERIDAN 2 JEFFERSON R-1 DENVER 1 14 ADAMS- ARAPAHOE 28J ENGLEWOOD 1 CHERRY CREEK 5 LITTLETON 6 SCHOOL DISTRICT 27J BENNETT 29J ELIZABETH C-1 DEER TRAIL 26J AGATE 300 WOODLIN R-104 ROARING FORK DOUGLAS RE 1 KIOWA C-2 LIMON RE-4J ARRIBA-FLAGLER C-20 MESA VALLEY 51 PLATEAU VALLEY 50 DELTA 50(J) MONTROSE J ASPEN 1 GUNNISON WATERSHED RE1J LAKE R-1 PARK BUENA VISTA R-31 SALIDA R-32 ELBERT 200 BIG SANDY 100J LEWIS-PALMER 38 WOODLAND PEYTON CALHAN PARK ACADEMY 23 JT RJ-1 20 FALCON 49 MANITOU SPRINGS COLORADO SPRINGS MIAMI/ HARRISON 2 YODER 60 JT CRIPPLE ELLICOTT WIDEFIELD CREEK-VICTOR 3 22 CHEYENNE MOUNTAIN 12 FOUNTAIN 8 EDISON 54 JT CANON CITY HANOVER 28 GENOA-HUGO C113 KARVAL 3 WEST END RIDGWAY R-2 COTOPAXI FREMONT PUEBLO CITY 60 CROWLEY -J MANZANOLA 3J NORWOOD R-2J TELLURIDE R-1 OURAY R-1 HINSDALE RE 1 MOUNTAIN VALLEY RE 1 MOFFAT 2 CUSTER SCHOOL DISTRICT C-1 PUEBLO 70 FOWLER R-4J CHERAW 31 ROCKY FORD R-2 SWINK 33 DOLORES RE NO.2 SILVERTON 1 CREEDE SCHOOL DISTRICT CENTER 26 JT HUERFANO EAST OTERO R-1 DOLORES RE-4A BAYFIELD 10 JT-R DEL NORTE C-7 SARGENT 3J SANGRE DE CRISTO 2J MONTEZUMA-CORTEZ MANCOS RE-6 DURANGO 9-R IGNACIO 11 JT ARCHULETA 50 JT MONTE VISTA ALAMOSA 1J C-8 NORTH CONEJOS J SANFORD 6J SOUTH CONEJOS 0 SIERRA GRANDE R-30 CENTENNIAL R-1 LA VETA PRIMERO REORGANIZED 2 AGUILAR REORGANIZED 6 TRINIDAD 1 HOEHNE REORGANIZED 3 BRANSON REORGANIZED 82 LAS ANIMAS KIM REORGANIZED 88