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EASTON AREA
SCHOOL DISTRICT
No. 227
SECTION:
PUPILS
TITLE:
CONTROLLED SUBSTANCES/
PARAPHERNALIA
ADOPTED:
August 22, 2005
REVISED:
July 17, 2008
March 24, 2011
227. CONTROLLED SUBSTANCES/PARAPHERNALIA
1.
Purpose
The Board recognizes that the abuse of controlled substances is a serious problem
with legal, physical and social implications for the whole school community. As an
educational institution, the schools shall strive to prevent abuse of controlled
substances so that students may develop in a productive and healthy manner.
Such prevention shall occur through a three-faceted program, including education,
prevention, and intervention.
2.
Definition
35 P.S.
780-101 et seq
For purposes of this policy, controlled substances shall mean all:
42 P.S. 8337
21 U.S.C.
Sec. 812
1.
Controlled substances prohibited by federal and state law.
2.
Look-alike drugs.
3.
Alcoholic beverages.
4.
Anabolic steroids.
5.
Drug paraphernalia.
6.
Any volatile solvents or inhalants such as but not limited to glue and aerosol
products.
Pol. 210
7.
Prescription or patent drugs, except those for which permission for use in school
has been granted pursuant to Board policy.
Pol. 222
8.
Tobacco and tobacco-related products.
9. Substances that when ingested cause a physiological effect that is similar to the
effect of a controlled substance as defined by state or federal law, such as but not
limited to herbal incense or other products containing synthetic cannabinoids.
227. CONTROLLED SUBSTANCES/PARAPHERNALIA - Pg. 2
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Pol. 210
Examples of the above include, but are not limited to, anabolic steroids, non-
anabolic steroids, marijuana, hashish, cocaine, chemical solvents, glue, look-alike
substances, K-2, Spice, etc. and any capsules or pills not registered with the nurse,
annotated within the student’s health record, and/or taken in accordance with Board
policy for the administration of medication to students in school.
For purposes of this policy, under the influence shall include any consumption or
ingestion of controlled substances by a student.
3.
Authority
SC 510, 511
Title 22
Sec. 12.3
The Board prohibits students from using, possessing, distributing, and being under
the influence of any controlled substances during school hours, on school property,
at any school-sponsored activity, and during the time spent traveling to and from
school and school-sponsored activity privileges (including student spectators).
The Board may require participation in drug counseling, rehabilitation, testing or
other programs as a condition of reinstatement into the school's educational,
extracurricular or athletic programs resulting from violations of this policy.
Off-Campus Activities
Pol. 218
This policy shall also apply to student conduct that occurs off school property and
would violate the Code of Student Conduct if:
1.
There is a nexus between the proximity and timing of the conduct in relation to
the student's attendance at school or school-sponsored activities.
Pol. 122, 123
2.
The student is a member of an extracurricular activity and has been notified that
particular off-campus conduct could result in exclusion from such activities.
3.
Student expression or conduct materially and substantially disrupts the
operations of the school, or the administration reasonably anticipates that the
expression or conduct is likely to materially and substantially disrupt the
operations of the school.
4.
The conduct has a direct nexus to attendance at school or a school- sponsored
activity, such as an agreement to complete a transaction outside of school that
would violate the Code of Student Conduct.
5.
The conduct involves the theft or vandalism of school property.
227. CONTROLLED SUBSTANCES/PARAPHERNALIA - Pg. 3
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4.
Delegation of
Responsibility
The Superintendent or designee shall prepare rules for the identification and control
of substance abuse in the schools which:
42 P.S. 8337
Pol. 218, 233
1.
Establish procedures to deal with students suspected of using, possessing, being
under the influence, or distributing controlled substances in school, up to and
including expulsion and referral for prosecution.
2.
Disseminate to students, parents/guardians and staff Board policy and district
procedures governing student abuse of controlled substances.
3.
Provide education concerning the dangers of abusing controlled substances.
4.
Establish procedures for education and readmission to school of students
convicted of offenses involving controlled substances.
SC 1303-A
Incidents of possession, use and sale of controlled substances, including alcohol, by
any person on school property shall be reported to the Office of Safe Schools on the
required form at least once each year.
5.
Guidelines
In all cases involving students and controlled substances, the need to protect the
school community from undue harm and exposure to drugs shall be recognized.
No student may be admitted to a program that seeks to identify and rehabilitate the
potential abuser without the intelligent, voluntary and aware consent of the student
and parent/guardian.
This policy will be implemented through the cooperative efforts of the faculty and
staff, administration, school employee groups, students, parents/guardians, and
community agencies of the district.
Student Assistance Program (SAP)
A Student Assistance Program shall be operated for the purpose of providing
students with early intervention for problems with controlled substances that occur
during or after school hours. This applies to on-campus and off-campus activities.
The individual student, a concerned peer or a staff member may make referrals.
Referrals are confidential and a pre-assessment process may be implemented. The
SAP team shall assess behavioral patterns noted by teachers or others, determine
whether further review is necessary, and subsequently initiate appropriate action if
appropriate.
227. CONTROLLED SUBSTANCES/PARAPHERNALIA - Pg. 4
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Student Assistance Program (SAP) procedures shall be developed by the district and
will be disseminated in student handbooks.
Suspension From Extracurricular Activities/Interscholastic Athletics
Pol. 122, 123
Any district student reported of violating the Board policy on drug and alcohol abuse
will be required to participate in a hearing to determine privilege eligibility in
extracurricular and interscholastic athletics. The building principal shall serve as the
hearing officer with appropriate representation from central administration followed
by a report to the Board.
Drug-Sniffing Dogs
Pol. 226
The building principal or designee may request the use of certified drug-sniffing
dogs through the local police department for the purpose of conducting searches for
controlled substances.
Anabolic Steroids
35 P.S.
Sec. 807.1
The Board prohibits the use of anabolic steroids by students involved in school-
related athletics, except for a valid medical purpose. Body building and muscle
enhancement of athletic ability are not valid medical purposes. Human Growth
Hormone (HGH) shall not be included as an anabolic steroid.
35 P.S.
Sec. 807.2
Pol. 233
Students shall be made aware of the dangers of steroid use; that anabolic steroids are
classified as controlled substances; and that their use, unauthorized possession,
purchase, or sale could subject students to suspension, expulsion and/or criminal
prosecution.
35 P.S.
Sec. 807.3
The following minimum penalties are prescribed for any student athlete found in
violation of the prohibited use of anabolic steroids:
1.
For a first violation, suspension from school athletics for the remainder of the
season.
2.
For a second violation, suspension from school athletics for the remainder of the
season and for the following season.
3.
For a third violation, permanent suspension from school athletics.
No student shall be eligible to resume participation in school athletics unless a
medical determination has been submitted, verifying that no residual evidence of
steroids exists.
227. CONTROLLED SUBSTANCES/PARAPHERNALIA - Pg. 5
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Reasonable Suspicion/Testing
If based on the student's behavior, medical symptoms, vital signs or other observable
factors, the building principal has reasonable suspicion that the student is under the
influence of alcohol or a controlled substance, the student may be required to submit
to drug or alcohol testing. The testing may include but is not limited to the analysis
of blood, urine, saliva, or the administration of a Breathalyzer test.
Implementation of the Policy
A designated committee, under the direction of the Director of Pupil Services, will
review the policy on a yearly (minimum) basis. A report to the Board Policy
Committee will follow this review.
References:
Controlled Substances Act – 21 U.S.C. Sec. 812(c)
PA Controlled Substance, Drug, Device and Cosmetic Act – 35 P.S.
780-101 et seq
PA Civil Immunity of School Officers/Employees Relating to Drug or Alcohol
Abuse – 42 Pa. C.S.A. 8337
Steroids – 35 P.S. Sec. 807.2
School Code – 24 P.S. Sec. 510, 1303-A
State Board of Education Regulations – 22 PA Code Sec. 12.3; 22 PA Code
Sec. 403.1
No Child Left Behind Act of 2001 – 20 U.S.C. Sec. 7114, 7161
Board Policy – 122, 123, 210, 218, 226, 233