1 POTTSTOWN SCHOOL DISTRICT DRUG, NARCOTIC, AND ALCOHOL POLICY Through the use of an up-to-date curriculum, classroom activities, community support and resources, a strong and consistent administrative and faculty effort, and rehabilitative and disciplinary procedures, the Pottstown School District will work to educate, prevent, and intervene in the use and abuse of all drug, alcohol, tobacco, and mood altering substances by our student population This policy shall apply to all dangerous drugs, controlled substances, and paraphernalia as defined by the Controlled Substance, Drug, Device and Cosmetic Act (Act of 1972, P.L. 233, #64) as amended, and to alcohol and alcoholic beverages as defined in Section 6308 of the Pennsylvania Crimes Code The exception to this policy would be those drugs administered on a physician's prescription and/or registered with the school nurse or building administrator, by a student or legal guardian who has obtained the same in good faith for his own use from a practitioner licensed to prescribe or dispense such drugs. The administration of prescribed medication should be followed as prescribed in School District Policy This policy is violated when any student, visitor, guest, or any other person unlawfully manufactures, uses, abuses, actively possesses, constructively possesses, is under the influence of, distributes, or attempts to distribute drugs, look alike drugs, drug paraphernalia, alcohol, mood altering substance, or any health endangering compound on school premises, or at any school sponsored activity anywhere, or while traveling to and from school or school related activities utilizing transportation approved by the Pottstown School District, or who conspires, aids, or abets in the use, abuse, active possession, constructive possession, or distribution of drugs, look alike drugs, drug paraphernalia, alcohol, or any mood altering substance, or health endangering compound The Board reserves the right to use any other lawful measures deemed necessary to control and eliminate the use
2 of drugs, alcohol, and other mood altering substances even if the same is not provided for specifically in any rule or regulation enumerated herein.
3 The Pottstown School District and its employees shall be committed to the enforcement of all existing laws, regulations, and guidelines as adopted by Federal, State, Local, and School District authorities a Furthermore, the prime concern of this school district and its representatives shall be to protect the health, safety, and welfare of students and school-related personnel Definitions a Superintendent refers to the Superintendent of the Pottstown School District or his/her designee b Building Administrator refers to the Principal or his/her designee c Administrative Discipline Committee refers to a committee of administrators designated by the Superintendent to deal with student discipline problems d Discipline Review Board Committee refers to a duly authorized committee of school Board members and selected administrators appointed by the Board president, or in his absence the Board vice president, specifically designated to deal with student discipline problems to determine whether or not the student's conduct warrants expulsion e Immediate Supervisor refers to administrative and supervisory members of this school district f Alcohol or other drugs, look alike drugs, narcotics, drug paraphernalia, mood altering substance, or other health endangering compounds includes but is not limited to alcohol, alcoholic beverages, tranquilizers, amphetamines, synthetic opiates, marijuana, LSD, and other hallucinogens, anabolic
4 steroids, glue solvent-containing substances. All substances identified in the Controlled Substance Drug, Device, and Cosmetic Act of April 14, 1972 (P.L. 233, #64), as amended, will pertain to this policy.
5 6360.7g Look alike drugs are any substances promoted as, manufactured, or designed to resemble drugs, alcohol, narcotics, or other mood altering substances or health endangering compounds included under Section f above h Cooperative behavior - The willingness to reasonably and helpfully work with staff and school personnel, and to comply with Student Assistance Program requests and recommendations i Uncooperative behavior - The resistance or refusal, either verbal, physical, or passive, to comply with reasonable school personnel requests or recommendations. Defiance, assault, deceit, and flight are examples of uncooperative behavior. (1) Uncooperative behavior includes, but not by way of limitation, refusal to comply with Student Assistance Program requests and recommendations. (2) Nothing in this section interferes with a student s constitutional rights j Student Assistance Program - A multidisciplinary team that includes teachers, administrators, and other staff. (1) This team is trained to understand and work with adolescent drug/alcohol/mood altering substance use, abuse, and dependency. (2) The team s role is to identify, intervene, and refer for treatment any student who is engaging in drug/alcohol/mood altering substance, or mood altering compound use, abuse, possession, and/or distribution k Active Possession - To possess or hold without attempt to distribute drugs, look alike drugs,
6 drug paraphernalia, alcohol, mood altering substance, or health endangering compound.
7 6360.7l Constructive Possession - A person s knowing joint control and/or access with other persons to drugs, look alike drugs, drug paraphernalia, alcohol, mood altering substance, or health endangering compound m Drug Paraphernalia - Includes any equipment, utensil, or item which in the school administrator s judgment can be associated with the use of drugs, look alike drugs, alcohol, mood altering substance, or health endangering compound. (1) Examples include but are not limited to roach clips, pipes, bowls, and includes all items as defined as drug paraphernalia in Section 102 of the Pennsylvania Controlled Substance Drug, Device, and Cosmetic Act, 35 P.S , as amended n Evidence shall include substances and paraphernalia as defined in Sections f and m, as well as observable behaviors which may lead a staff member to believe a student may be under the influence of drugs, alcohol, mood altering substance, or health endangering compound Responsibility of School Personnel a All personnel of the Pottstown School District are to report to their immediate supervisor any person who is perceived to be under the influence of, or involved in the active or constructive possession, use, or transfer of drugs, look alike drugs, drug paraphernalia, alcohol, narcotics, mood altering substance, or other health endangering compound while on the school property or while attending a school-related function b All personnel of the Pottstown School District are to report to their immediate supervisor any person who is perceived to be under the
8 influence of, or involved in possession of, soliciting, or giving a student any alcohol or other drugs, look alike drugs, narcotics, mood altering substance, or health endangering compound while on school property or while attending a school-related function c The immediate supervisor is to report such information to the Superintendent and law enforcement agency when appropriate Possession of Drug Paraphernalia and/or Use of Alcohol or Other Drugs, Look Alike Drugs, Narcotics, Mood Altering Substance, or other Health Endangering Compound - First Offense A student who, while under the school's jurisdiction (defined as on school premises or on a school sponsored activity such as but not limited to an athletic event or band trip including transportation on a school bus), is found to possess drug related paraphernalia and/or a student who is found to actively or constructively possess, use, or be under the influence of drugs, look alike drugs, alcohol, mood altering substance, or health endangering compound for the first time shall be subject to the following actions: a Procedures (1) Parents or guardians shall be contacted by the building administrator or designee and the student shall be sent home with the legal guardian or removed from the school for medical attention if necessary. (a) If parents or guardians cannot be reached, the decision to get medical attention for the student or to isolate the student from other students shall be made by the school administrator. (2) Any physical evidence will be given to the building administrator and due process
9 will be followed as outlined in this policy. (a) The physical evidence will be turned over to the appropriate law enforcement officials at the appropriate time. (3) Students needing urgent medical care will be transported to the hospital by ambulance accompanied by one school official, or transported by two school officials so designated by the building administrator.
10 (4) The nurse will inform the building administrator of all such incidents. (5) The Police Department shall be notified by the building administrator or the Superintendent and the student shall be referred for appropriate action. (a) Police questioning of suspected violators or witnesses will not take place on the school premises, except in the presence of a building administrator and the student's parents/guardian or representative. (6) The student initially will be suspended for a minimum of five (5) school days during which time an informal hearing will be scheduled b Informal Hearing Within the five (5) day suspension period mentioned above, an informal hearing shall be held with the student, his/her parents or guardian, the school administrator, and any other person who, in the judgment of the administrator, could make contributions to aid in determining a course of action. As a result of the meeting, the school district shall do one or more of the following: (1) Refer the student to district personnel for assistance. Appropriate staff members may constitute one or more of the following: (a) Assistant Principal (b) School Nurse (c) Guidance Counselor (d) School Psychologist (e) Other appropriate trained staff members selected by the principal.
11 (2) Refer student to the SAP Team. Failure to comply with the recommendations of the SAP team within a prescribed time limit may be cause for an additional five (5) day suspension and/or referral to the Administrative Discipline Committee for corrective action (see Policy ). (3) Require the student, under parental supervision, to obtain drug and alcohol assessment and/or assistance from an outside professional agency. (a) Confirmation of such contact shall be required to be submitted within a prescribed time to the school administration. (b) Failure to comply within the prescribed time will be cause for an additional five (5) days suspension and referral to the Administrative Discipline Committee for corrective action (see Policy ). (4) Possible outside contacts (with parent consent) (a) Police School Liaison Officer (b) Physician (c) Psychologist or Psychiatrist (d) Appropriate local or state rehabilitation centers. Confirmation of such contact shall be required to be submitted with a prescribed time to the school administration. (e) Other agencies identified by the Montgomery County Drug and Alcohol Commission. (5) Full suspension of up to ten (10) school days.
12 (6) Referral to the Administrative Discipline Committee for corrective action (see Policy ). (7) Referral to the Discipline Review Board Committee for an expulsion hearing (see Policy ). (8) Any other action determined appropriate after review of the situation Possession of Drug Paraphernalia or Use of Alcohol or Other Drugs, Look Alike Drugs, Narcotics, Mood Altering Substance, or Other Health Endangering Compound - Second Offense AND Transfer or Intent to Transfer - First Offense Following an informal hearing conducted by the building administrator, a student who, while under the school's jurisdiction, is found to possess drug paraphernalia, and/or a student who is found to actively or constructively possess, use, or be under the influence of drugs, alcohol, look alike drugs, mood altering substance, or health endangering compound for the second time, or a student who is found to transfer or intend to transfer alcohol or any other drugs, look alike drugs, narcotics, mood altering substance, or other health endangering compound for the first time shall be subject to the following actions: 1. Immediate suspension from school for a minimum of ten (10) days. 2. Parents and/or the Police Department will be contacted. 3. Parent/guardian conference. 4. Referral to the appropriate law enforcement agency with a strong recommendation that the student be prosecuted. (a) All evidence will be turned over to the Police Department for the purpose of prosecuting the user through legal channels.
13 5. Referral to the Administrative Discipline Committee for corrective action and/or referral to the Discipline Review Board Committee for an expulsion hearing (see Policy & 2) Transfer or Intent to Transfer "Look Alike Drugs" 1. A student who, while under the school's jurisdiction (on the school premises or on a school sponsored activity such as but not limited to an athletic event or band trip and involving school transportation such as a bus or van), is found to transfer or intend to transfer "look alike drugs" shall be subject to conditions outlined in Section above Possible Action by an Administrative or Board Hearing 1. The student may be allowed to return to school if he is not considered a detriment to himself or school community.
14 2. When considering the student's case at an administrative hearing, the committee will completely review the case and take into consideration the student's previous record, his prospects for rehabilitation, his willingness to cooperate, the welfare of the student body and the community as a whole. 3. If the Administrative Committee requests a Board hearing, the President of the School Board may authorize a committee of the Board to conduct a hearing under the provisions of Section 1318 of the School Code, as amended. 4. Nothing contained in this policy statement shall in any way abridge or limit the authority of a principal to temporarily suspend a student as provided under Section 1318 of the Public School Code, as amended January 13, P.L , Section 45, effective July 1, 1970, provided such a suspension is reported to the Superintendent Procedures and Practices a Dealing with Suspects (1) All students and staff members of the Pottstown School District shall report to the principal and/or immediate supervisor any persons suspected of being under the influence of, actively or constructively possess, soliciting, giving, or using alcohol or other drugs, look alike drugs, narcotics, mood altering substance, or other health endangering compound while on school property or while attending school-related functions. (2) School administrative personnel shall have the authority to require students to submit to a thorough search of clothing, handbags, wallets, lockers, and person to take possession of any unauthorized materials suspected of being in their
15 possession. (a) Such searches shall be conducted with at least one appropriate witness, which may be the parent or a staff member, and must not be conducted without reasonable suspicion.
16 (b) It is recommended that body searches be made by persons of the same sex. (c) If a police officer is involved in the search, the legal standard rises to probable cause. (3) Persons found to actively or constructively possess, use, or transfer alcohol or other drugs, look alike drugs, drug paraphernalia, narcotics, mind altering substance, other health endangering compound are to be subjected to the steps outlined in this policy. (4) It is the intention of the Pottstown School District never to conduct strip searches of any student for any reason b Students Seeking Assistance (1) A student who voluntarily comes, or is referred, to the principal or his/her designee seeking help and not under the immediate influence of, or involved in the transferring of, or in the possession of alcohol or other drugs, look alike drugs, narcotics, or other health endangering compound within the school, is not subject to the provisions of this policy, but will be provided with all appropriate help as defined in Section b. (2) Minors are guaranteed the right to drug and alcohol treatment and counseling without parental consent and without notification of the individual parents, if they so desire. (P.L. 221, Act 63, 1972.) c Medicine in the Schools (Storage and Taking of Medicine) (1) Whenever possible, parents are requested to administer prescription/non-prescription medication at home.
17 (a) When this is not possible, the parent may request the nurse, in writing, to assume the responsibility of dispensing the medication to the student at the scheduled time (see Policy ). (b) All such requests should be reviewed with the school nurse and/or building administrator before they are honored. (c) This service may be given only upon written request by the parent and the attending physician stating the date, the name of the medication, the dosage, the reason it is to be given, and the time it is to be administered in school. (2) In the event that a student has a chronic disease and it is necessary that an emergency dose of a life-saving medication be kept in the school, written statements should be given to the nurse from the parents and the attending physician which includes the date, the name of the medication, the dosage, and the time it is to be administered at school. (3) Medications kept in school must be clearly identified and will be kept in a locked cabinet known to the nurse and the appropriate building administrator. (a) Written parental and physician permissions should be kept with the medication in the locked cabinet. (4) In the event it is necessary for a designated person (other than the school nurse) to administer the medication, the following guidelines will be adhered to: (a) Assess right student, right medication, right time, right dose,
18 right route. (b) Remind student to take medication. (c) Provide necessary equipment (i.e., cup and water). (d) Open the locked cabinet or other secure holding place. (e) Provide the appropriate medication for the student. (f) Observe the student taking the proper dosage. (g) Oversee student s documentation that he/she self-administered the medication. (5) Guidelines for students carrying inhalers/epi-pens (a) Certain students as identified by the nurse, parent, and physician may carry and use his/her prescribed inhaler during the school day. (b) The Permit to Administer School Medication form must be completed and kept on file in the Health Room. It is recommended that the student notify the nurse as soon as possible after using the medication so that the nurse can assess the health of the student and document use. (c) The student s name must be on the inhaler/epi-pen. (6) Guidelines for students taking medication on field trips (a) Medication taken by a student during a field trip will only be permitted when it is deemed essential for the health of the student. The Permit to
19 Administer School Medication form is completed by both the parent/guardian and the physician. The medication is administered by the nurse, principal, and/or his/her designee. (b) On select field trips, the student may self-administer medication. Parent/guardian should complete the medication permission form and return it to the teacher. The teacher, parent/guardian, and student should consult with the nurse before the trip regarding medications.
20 (7) Hold Harmless Policy (a) The Pottstown School District, in consideration of dispensation of medications by the nurses and duly authorized agents of the board who are employed by said district, hereby covenants and agrees to hold harmless and indemnify all such nurses and duly authorized agents of the board against any and all claims, damages, expenses, attorney s fees, suits, causes of action in law or equity or any place whatsoever that may be brought against any such nurses and duly authorized agents of the board because of any negligent act or omission in connection with said dispensation of prescription drugs excepting acts of gross negligence or intentional conduct. The term of this policy shall begin on the date executed and continue until specifically revoked. (b) A copy of this policy will be provided to parent upon request. Attachment #1 - Policy for Administration of Medication Attachment #2 - Medication Letter Adopted: August 13, 1973 Revised: August 9, 1976 Revised: September 13, 1989 Revised: September 10, 1997 Revised: February 17, 2005 POLICIES\6360