Policy 110

  • CHEMICAL USE/ABUSE

     

    I.          PURPOSE

     

    The school board recognizes that chemical use and abuse constitutes a great threat to the physical and mental well being of students and employees and significantly impedes the learning process. The school board recognizes the significant problems created by chemical use and abuse in society in general. The school board believes that the public school has a role in education, intervention, and prevention of chemical use and abuse.  The purpose of this policy is to assist the school district in its goal to prevent chemical use and abuse by providing procedures for education and intervention.

     

     

    II.         GENERAL STATEMENT OF POLICY

     

    A.        Use of controlled substances, medical cannabis, toxic substances, and alcohol is prohibited in the school setting in accordance with school district policies with respect to Drug-Free Workplace/Drug-Free School.

     

    B.        It is the policy of this school district to provide an instructional program in every elementary and secondary school in chemical abuse and the prevention of chemical dependency.

     

    C.        The school district shall establish and maintain in every school a chemical abuse pre-assessment team.  The team is responsible for addressing reports of chemical abuse problems and making recommendations for appropriate responses to the individual reported cases.

     

    D.        It will be the responsibility of the superintendent, with the advice of the school board, to establish a school and community advisory team to address chemical abuse problems in the district.

     

    E.        The school district shall establish and maintain a program to educate and assist employees, students and others in understanding this policy and the goals of achieving drug-free schools and workplaces.

     

     

    III.        DEFINITIONS

     

    A.        “Chemical abuse” means use of any psychoactive or mood-altering chemical substance, without compelling medical reason, in a manner that induces mental, emotional, or physical impairment and causes socially dysfunctional or socially disordering behavior, to the extent that the student’s normal function in academic, school, or social activities is chronically impaired.

     

    B.        “Chemicals” includes but is not limited to alcohol, medical cannabis, toxic substances, and controlled substances as defined in school board policy Drug-Free Workplace/Drug-Free School.

     

    C.        “Use” includes to sell, buy, manufacture, distribute, dispense, use, or be under the influence of alcohol and/or controlled substances, whether or not for the purpose of receiving remuneration.

     

    D.        “School district location” includes any school building or on any school premises; on 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 functions, such as a field trip or athletic event, where students are under the jurisdiction of the school district; or during any period of time such employee is supervising students on behalf of the school district or otherwise engaged in school district business.

     

    IV.       STUDENTS

     

    A.        Instruction. 

     

    1. Every school shall provide an instructional program in chemical abuse and the prevention of chemical dependency.  The school district may  involve parents, students, health care professionals, state department staff, and members of the community in developing the curriculum.

     

                2. Each school shall have age-appropriate, developmentally based drug and alcohol prevention and education programs for all students that address the legal, social, personal and health consequences of the use of chemicals, promote a sense of individual responsibility, and provide information about effective techniques for resisting peer pressure to use chemicals. 

     

    3. Each school shall have drug abuse resistance education programs, designed to teach students to recognize and resist pressures to use alcohol or other drugs, which may include activities such as classroom instruction by uniformed law enforcement officers, resistance techniques, resistance to peer pressure and gang pressure, and provisions for parental involvement.

     

    B.        Pre-assessment Team

     

    1.         Every school shall have a chemical abuse pre-assessment team designated by the superintendent or designee.  The team will be composed of classroom teachers, administrators, and other appropriate professional staff to the extent they exist in each school, such as school nurse, school counselor or psychologist, social worker, chemical abuse specialist, or others.

     

    2.         The team is responsible for addressing reports of chemical abuse problems and making recommendations for appropriate responses to the individual reported cases.

    3.         Within 45 days after receiving an individual reported case, the team shall make a determination whether to provide the student and, in the case of a minor, the student’s parents with information about school and community services in connection with chemical abuse.

     

    C.        Reports of Chemical Use/Abuse

     

     1.        In the event that a school district employee knows a student is abusing, possessing, transferring, distributing or selling chemicals in a school location, the employee shall immediately either take the student to an administrator or notify an appropriate administrator of the observation and continue to observe the student until the administrator arrives.

     

    2.         The administrator will notify the student’s parents.  If there is a medical emergency, the administrator will notify the school nurse and/or outside medical personnel as appropriate.

     

    3.         The administrator will notify law enforcement officials, the student’s counselor, and the chemical pre-assessment team.

     

    4.         The administrator and/or law enforcement officials will confiscate the chemicals and/or conduct a search of the student’s person, effects, locker, vehicle, or areas within the student’s control in accordance with school board policies regarding search and seizure.

     

    5.         Students involved in the abuse, possession, transfer, distribution or sale of chemicals shall be suspended in compliance with student discipline policy and the Pupil Fair Dismissal Act, Minn. State. §121A.40-121A.56, and may be proposed for expulsion. The school may also make a referral to a detoxification center or medical center.

     

    6.         If a school district employee has reason to believe a student is abusing, possessing, transferring, distributing, or selling chemicals, the employee shall notify the building administrator or a member of the pre-assessment team and shall describe the basis for suspicion.  The building administrator and/or team will determine what action should be taken.  Action may include conducting an investigation, gathering data, scheduling a conference with the student or parents, or providing a meeting between a single member of the team and the student to discuss the behaviors that have been reported and attempting to ascertain facts regarding chemical use.

     

    7.         The team may determine there is no chemical use.  If the team determines there is chemical use, the team will select an appropriate course of action, which may include referral to a school counselor; referral to a treatment program; referral for screening, assessment, and treatment planning; participation in support groups; or other appropriate measures.

     

    8.         In the event that an employee knows or has reason to believe a student is involved in distribution or sale of chemicals in a school location, the employee will either take the student to an appropriate administrator or will notify an administrator and continue observation until the administrator arrives.

     

    9.         The administrator shall notify law enforcement officials and parents of the known attempt to abuse, possess, transfer, distribute, or sell chemicals.  Students involved in distribution or receiving chemicals shall be suspended in compliance with the student discipline policy and the Pupil Fair Dismissal Act, Minn. Stat. §§121A.40 - 121A.45 and proposed for expulsion.

     

    10.       Searches in connection with the abuse, possession, transfer, sale, or distribution of chemicals will be conducted in accordance with school board policies related to search and seizure.

     

     

    V.        DATA PRACTICES

     

    A.        Student data may be disclosed without consent in health and safety emergencies pursuant to Minn. Stat. § 13.32 and applicable federal law and regulations.  Student data shall be disclosed to the Juvenile Justice System as required by Minn. Stat. §13.32, subd. 8 (as amended, Minnesota Statutes 2000) and as otherwise permitted or required by state or federal law.

     

    B.        Destruction of records

     

    1.         If the pre-assessment team decides not to provide a student and, in the case of a minor, the student’s parents with information about school or community services in connection with chemical abuse, records created or maintained by the team about the student shall be destroyed not later than 6 months after the determination is made.

     

    2.         If the team decides to provide the student or parents with such information, records created or maintained by the team about the student shall be destroyed not later than 6 months after the student is no longer enrolled in the district.

     

    3.         This section shall govern destruction of records notwithstanding provisions of the Records Management Act, Minn. Stat. § 138.163.

     

    VI.       CONSENT

     

    Any minor may give effective consent for medical, mental and other health services to determine the presence of or to treat conditions associated with alcohol and other drug abuse, and the consent of no other person is required.

     

    VII.      SCHOOL AND COMMUNITY ADVISORY TEAM

     

    A.        The superintendent and school board shall establish a school and community advisory team to address chemical abuse problems.  The advisory team will be composed of representatives from the school pre-assessment teams to the extent possible, law enforcement agencies, county attorney’s office, social service agencies, chemical abuse treatment programs, parents, and the business community.

     

    B.        The advisory team shall:

     

    1.         build awareness of the problem within the community, identify available treatment and counseling programs for students and develop good working relationships and enhance communication between the schools and other community agencies; and

     

    2.         develop a written procedure clarifying the notification process to be used by the chemical abuse pre-assessment team when a student is believed to be in possession of or under the influence of alcohol or a controlled substance.  The procedure must include contact with the student, and the student’s parents or guardian in the case of a minor student.

     

     

    VIII.     EMPLOYEES

     

    A.        The superintendent or designee shall undertake and maintain a drug-free awareness and prevention program to inform employees, students, and others about:

     

    1.         The dangers and health risks of chemical abuse in the workplace/school.

     

    2.         The school district's drug-free workplace/drug-free school policy.

     

    3.         Any available drug or alcohol counseling, treatment, rehabilitation, re-entry and/or assistance programs available to employees and/or students.

    4.         The penalties that may be imposed on employees for drug abuse violations.

     

     

    B.        The superintendent or designee shall notify any federal granting agency required to be notified under the Drug-Free Workplace Act of 1988 within ten (10) days after receiving notice of a conviction of an employee for violation of a criminal drug statute occurring in the workplace.  To facilitate the giving of such notice, any employee award of such a conviction shall report the same to the superintendent.

     

     

     

    Legal References:              Minn. Stat. §13.32 (Educational Data)

                                                    Minn. Stat. §121A.25-29 (Chemical Abuse)

                                                    Minn. Stat. §121A.40-121A.56 (Pupil Fair Dismissal Act)

                                                    Minn. Stat. §138.163 (Records Management Act)

                Minn. Stat. §144.343 (Pregnancy, Venereal Disease, Alcohol or Drug Abuse, Abortion)

                Minn. Stat.§152.22 (Medical Cannabis; Definitions)

                Minn. Stat.§152.23 (Medical Cannabis; Limitations)

                20 U.S.C. §232g (Family Educational Rights and Privacy Act)

    20 U.S.C. §§7101-7165 (Safe and Drug-Free Schools and Communities Act)

                41 U.S.C. §§(Drug-Free Workplace Act)

    34 C.F.R Part 84 (Government-wide Requirements for Drug-Free Workplace

     

    Cross Reference:               Board Policy 104 - Drug-Free Workplace/Drug-Free School

                                                    Board Policy 404 - Drug and Alcohol Testing

                Board Policy 541 - Student Behavior

                Board Policy 543 - Search of Student Lockers, Desks,

                      Personal Possessions and Student's Person

                Board Policy 581 – Protection and Privacy of Pupil Records

     

               

     

     

    ADOPTED BY THE BOARD OF EDUCATION:             November 6, 2000

    REAFFIRMED BY THE BOARD OF EDUCATION        November 14, 2011

    REVISED BY THE BOARD OF EDUCATION:               December 7, 2004, April 3, 2017