Presenter: David Nash, Esq. Coordinator, Legal Education Foundation for Educational Administration

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1 Presenter: David Nash, Esq. Coordinator, Legal Education Foundation for Educational Administration 1

2 This presentation is intended as a summary of law only, and is not meant as legal advice. Please consult your attorney to obtain legal advice. 2

3 To familiarize SACs with New Jersey statutes and regulations that govern their work To familiarize SACs with legal requirements for boards of education to provide substance awareness, intervention and treatment referral services 3

4 Title 18A requires boards of education to: Establish comprehensive substance abuse intervention, prevention and treatment programs Develop a clear policy statement that outlines the district s program to combat substance abuse & provides for identification, evaluation, referral for treatment and discipline of students who are substance abusers Distribute copies of policy statement annually to students and parents Develop policies & procedures for evaluation, referral and treatment of students abusing substances on school property 4

5 Best practice to retain confidentiality to greatest extent permissible Legal requirement to maintain confidentiality for student participating in comprehensive drug and alcohol counseling program, even if reveal information on drug use in home However, must report if: Student suspected of being under the influence in school Student in imminent danger to self or others Student victim of abuse or neglect Student victim of HIB or engaged in HIB 5

6 What is a comprehensive substance abuse intervention, prevention and treatment program? Who is part of this program? How do we know whether or not such a program is working? 6

7 Develop inservice training for teachers to recognize and respond to substance abuse by students Establish an outreach program to provide substance abuse education to parents and legal guardians Prohibit smoking of any substance on school grounds, except as part of classroom instruction or theatrical production 7

8 Certification: Educational Services Authorizes cert holders to serve in grades PK-12 Endorsement: Student Assistance Coordinator Authorized to serve in grades PK-12 Position is to be separate and distinct from other positions in the school N.J.A.C. 6A:

9 Ruiz v. Board of Educ. of Fort Lee, 2013 N.J. Super. Unpub. LEXIS 1676 (July 8, 2013) Hired with Certificate of Eligibility Received provisional certificate Dispute arose over whether Ruiz satisfied coursework requirements for the standard SAC endorsement Ultimately determined did not have all required academic credits Held not eligible for tenure and therefore no bumping rights when RIF occurred 9

10 Regulations provide that functions of SAC may include: Assist with inservice training of school staff, and with district program to combat substance abuse Serve as information resource for substance abuse prevention, curriculum development and instruction Assist in developing policy & procedures Develop/administer substance abuse intervention services Provide counseling and referral services Cooperate with community service providers in rendering substance abuse treatment NJAC 6A: ; NJSA 18A: 40A-18 10

11 SACs are to be instrumental in implementing district s alcohol, tobacco & other drug abuse programs Programs are to focus on: Prevention Intervention Referral for evaluation Referral for treatment and continuity of care NJAC 6A:

12 SACs are authorized to assess and evaluate students who are affected by alcohol or other drug use, if trained in assessment and evaluation. NJAC 6A: (c) (6) Also authorized if trained: school nurse, school psychologist, school counselor, school social worker or student personnel services 12

13 SACs are authorized to intervene, refer for evaluation and for treatment services, students who are affected by alcohol or other drug use, if trained. NJAC 6A: (c) (7) Also authorized if trained: school nurse, school psychologist, school counselor, school social worker or student personnel services 13

14 If staff suspect student under the influence of alcohol, controlled dangerous substances other than steroids, or any other chemical: Must report as soon as possible to principal and SAC or school nurse or school physician Principal or designee must notify the parent and CSA, and arrange for an immediate medical exam (parent s doctor, school physician or ER) If student has to remain home after medical exam, SAC (or someone with school nurse, school psychologist, school counselor, school social worker or student personnel services endorsement) must conduct an alcohol and other drug assessment of student and a reasonable investigation of the situation to determine the student s need for educational programs If student s use of alcohol or other drugs presents a danger to student s health and wellbeing, SAC (or someone with school nurse, school psychologist, school counselor, school social worker or student personnel services endorsement) must initiate a referral for treatment for alcohol or other drug abuse 14

15 If staff suspect student use of anabolic steroids: Must report as soon as possible to principal and SAC or school nurse or school physician Same procedure as above for notice and medical examination Same procedure as above for investigation and referral for treatment CSA may (but not req d to) disclose student s identity to law enforcement NJSA 18A: 40A-12; NJAC 6A:

16 If staff suspect student or staff member unlawfully possess, or in anyway are involved in distribution of a CDS including steroids or drug paraphernalia: Must report as soon as possible to principal Principal must notify CSA CSA must notify county prosecutor or other designated law enforcement official Identities of students or staff members who voluntarily seek and participate in voluntary drug treatment or counseling program shall not be disclosed if person is not reasonably believed to be distributing illegal drugs NJAC 6A:

17 Authorized by statute and regulation because legislature recognized growing problem of drug abuse among students Purpose: to deter alcohol and other drug use; to provide a means for early detection of students with drug problems so that referral for evaluation or treatment or other assistance may be offered Boards of education may adopt random drug testing policies For students in grades 9 through 12 Who participate in extracurricular activities, including interscholastic athletics Who have school parking permits Any disciplinary action taken against a student who tests positive, or who refuses to consent to testing, must be limited to suspension from extracurricular activities or revocation of parking permit 17

18 Boards must hold a public hearing prior to implementing drug testing Boards must provide notice to all 9 th -12 th grade students at beginning of school year that active written consent of students AND parents for random drug testing is prerequisite for participation in extracurriculars and for school parking permit NJSA 18A: 40A-22-25; NJAC 6A:

19 Cooperation between school districts & law enforcement required to address: Unlawful possession, distribution and disposition of controlled dangerous substances, drug paraphernalia, alcohol, anabolic steroids Memorandum of agreement 19

20 Seizure or discovery of alcohol, illegal drugs: immediately turn over to principal; principal notifies CSA; CSA notifies law enforcement Identities of students or staff members who voluntarily turn over illegal drugs or paraphernalia to a school employee shall not be disclosed, if person is reasonably believed to have had the material for personal use, and is not reasonably believed to be distributing illegal drugs and agrees to participate in counseling or treatment NJAC 6A:

21 All information about student or staff member s involvement in a school intervention or treatment program for alcohol or other drug abuse must be kept strictly confidential NJAC 6A:

22 What specific responsibilities do you have in your current position? What percentage of your time is spent on: In-service training Counseling students Developing curriculum and instruction Working with community service providers Working on district policies and procedures Other functions? Such as Are you able to effectively perform all of the functions provided for in statute and regulation? Why or why not? 22

23 Do the powers that be fully understand the depth and breadth of your responsibilities? What are the implications of those in high level positions not fully understanding your responsibilities? What steps should be taken to raise awareness? What steps should be taken to minimize potential legal liability for you and your district? 23

24 LEGAL ONE website (609) NJDOE website Safe and Drug Free Schools 24

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