File: JICH
DRUG AND ALCOHOL USE BY STUDENTS
The MSAD #11 Board of Directors and staff support a safe and healthy learning environment for students which is free of the detrimental effects of drugs and alcohol. Accomplishing this goal requires a cooperative effort among school staff, students, parents, law enforcement, and organizations concerned with the use of drugs and alcohol by school-aged youth.
In order to promote the safety, health, and well-being of students, the MSAD #11 Board endorses a three-pronged approach to address the issue of drug and alcohol use: prevention/ education, intervention, and discipline. It is vitally important for the students, parents, staff, and community members to understand that the MSAD #11 Board considers the use of, possession, purchase, sale, and/or trafficking of drugs and alcohol to be an exceptionally serious infraction which may warrant punishment up to and including expulsion. The Superintendent is responsible for developing appropriate administrative procedures, curricula, and programs to implement this policy.
A. Prohibited Conduct
No student enrolled in and attending any program in MSAD #11 shall distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, malt beverage, fortified wine, or other intoxicating liquor. Nor shall a student manufacture, distribute, dispense, possess, use, or be under the influence of any narcotic drug, hallucinogenic drug or mushroom, amphetamine, barbiturate, marijuana, anabolic steroid, any other controlled substance defined in federal and state laws/regulations, any look-alike substance or designer drug such as ecstasy, any substance that is represented to be a controlled substance, or other harmful substances such as aerosol sprays.
These prohibitions apply to any student who is on school property, who is in attendance at school or at any school-sponsored activity, or whose conduct at any time or place directly interferes with the operations, discipline, or general welfare of the school. Students attending school, school-sponsored activities on or off school property shall be asked to take a breathalyzer test upon request when school staff reasonably suspect that a student may be violating this policy.
This policy does not apply to students taking medications in compliance with MSAD #11 Board Policy JLCD—Administering Medications to Students.
B. Disciplinary Action
Positive test results of an administered breathalyzer test at school
functions or school sponsored events shall result in the student’s parents being notified, and the student being expelled from the event.
Based upon the facts of each case and in accordance with established disciplinary procedure, grades 6-12 principals will suspend students who violate this policy and discuss appropriate next steps with the Superintendent up to and including an expulsion hearing for the first offense. Second offense goes to the Board for an expulsion hearing from school. Students will also be referred to law enforcement authorities for investigation and/or prosecution.
All students who are determined to be selling and/or furnishing drugs and/or alcohol will be suspended pending an expulsion hearing before the MSAD #11 School Board.
When a student is expelled from school for an infraction of this policy, the MSAD #11 Board or the administration may advise the student and his/her parents that the following will be favorably considered when the student applies for readmission: satisfactory evidence, through testing or other means, that the student has remained drug and alcohol-free during the period of expulsion; and satisfactory evidence that the student has participated successfully in an appropriate substance abuse treatment program. See JICH-R—Drug and Alcohol Use by Students Administrative Procedure for further details regarding disciplinary procedures.
C. Prevention/Education
The school district will provide students with appropriate information and activities focused on educating students about drugs and alcohol and preventing their use. Programs shall teach students that the use of drugs and alcohol is wrong and harmful; how to resist peer pressure; and address the legal, social, and health consequences of drug and alcohol abuse.
D. Intervention
MSAD #11 has established Student Assistance Teams to assist students with drug/alcohol problems. Students and parents will be provided with information and referral, if necessary, to aid them in obtaining assistance from appropriate
community organizations. Student records concerning interventions shall be kept confidential as required by state and federal laws. The MSAD #11 Board expects parents and students to work in a positive, cooperative fashion to assist students in achieving sobriety and chemical/drug-free behavior.
E. Policy Communication
The Superintendent shall distribute this policy and appropriate related information to staff, students, and parents on an annual basis through handbooks and/or other means selected by the Superintendent and building administrators.
Legal Reference: 21 USC § 812 (Controlled Substances Act)
21 CFR Part 1300.11-15
Pub.L.No. 101-226 (Drug-Free Schools and Communities Act Amendments of 1989)
17-A MRSA § 1101
42 USC § 290dd-2
42 CFR § 2.1 et seq.
20-A MRSA §§ 1001(9); 4008
Cross Reference: GBEC – Drug-Free Workplace
JICH-R – Drug and Alcohol Use by Students Administrative Procedure
JICIA – Weapons, Violence and School Safety
JKD – Suspension of Students
JKE – Expulsion of Students
JLCD – Administering Medication to Students
JRA – Student Records
Adopted: March 7, 2002
Revised: December 6, 2007; October 2, 2008; November 20, 2008; April 2, 2009; November 4, 2010