DRUGS, ALCOHOL, TOBACCO AND CONTROLLED DANGEROUS  SUBSTANCES

            The Kearny Board of Education, in order to provide the most conducive learning environment, recognizes that unless schools and their students are free of alcohol and other drugs, optimum conditions for learning do not exist.

            Students are prohibited from possessing, consuming or distributing drugs or alcohol in any form while at school, in co-curricular and extra-curricular programs, on school grounds, attending a school-related function on or off campus, and when coming to and going from school.  Students are further prohibited from smoking cigarettes or using other tobacco products in any form in school buildings/grounds.

            In accordance with NJSA 18A:40A Article 2 and NJAC 6A:16, students suspected of being “under the influence” shall be subject to medical examination.  When the medical examination is conducted by a physician selected by the parent, the examination shall be at the expense of the parent and shall not be at the expense of the district board of education, NJAC 6A:16-4.3.  In order to insure that all students receive the required physical examination and lab testing, the Kearny Board of Education approves the annual designation of a physician or medical group to provide these students services as part of the District’s budget expenses.  They will also be subject to suspension and other disciplinary measures as established by this Policy.  The Kearny Board of Education pledges its full cooperation with law enforcement officials in the conduct of their duties to maintain a drug-free school zone in a cooperative agreement between the school district and Kearny Police.  Students and their parent(s)/guardian(s) are advised that New Jersey laws may require additional penalties beyond school sanctions for drug-related offenses on and off school grounds in accordance with the Drug-Free School Zones statute.  A summary of these laws and their penalties will be made available annually to students, and their parents or guardians, in a conspicuous manner.

            In establishing this Policy, Kearny Public Schools will have programs and procedures developed and implemented for the purpose of assisting students who experience drug or alcohol use.  It is the school’s intention to use the disciplinary sanctions of this Policy as a means of helping students recover from the debilitating effects of alcohol and other drug use.  It is in this spirit that the development and enforcement of this Policy is intended.

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PROCEDURES

DEFINITION OF TERMS USED

NJSA 18A:40A-9

 

The terms listed below are used throughout this Policy and will have the following meanings unless otherwise specified

            Substances - any drug or alcoholic beverage, including prescribed medications.

Abuse - the use of mood altering or performance enhancing substances for other than medical purposes, as directed by a physician.

Drugs - any chemical substance taken orally, intravenously, intramuscularly, or inhaled for the purpose of altering mood or performance .

Alcohol - any beverage containing a percentage of alcohol which is prohibited from sale and/or possession by individuals under 21 years of age

Performance Enhancing Substances - over the counter, prescription, and illicit drugs used for the purpose of improving athletic performance, including anabolic steroids.

Tobacco - any substance or product which may be consumed by smoking, chewing or inhaling which contains a form of tobacco leaves and nicotine.

Experimentation - when an individual appears to be using substances without any apparent physical or psychological dependency, deterioration in behavior, grades or attendance.

Chemically Dependent - when an individual’s use of drugs and alcohol indicates any or all of the following: physical or psychological dependency, deterioration in some or all of the following: grades; attendance; physical appearance; or behavior.

Student Assistance Coordinator - Student Assistance Coordinator in grades 9 through 12; Guidance Counselor in grades K through 8, provides counseling, information, and referral services for students and significant others with alcohol or other drug problems

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Intervention and Referral Service (PAC)/CORE Team

            Each school shall institute a Intervention and Referral Service (PAC)/CORE team to include an administrator, member of the Child Study Team, nurse, SAC and/or counselor and at least one teacher.  This team shall:

                                                            1.         Review drug/alcohol referrals

            2.         Accept and assess student behavior checklist

            3.         Notify parents when indicated

            4.         Provide support and guidance to classroom teachers

            5.         Plan for appropriate intervention for/with the student

 

PART  I - STUDENTS SUSPECTED OF HAVING INGESTED OR BEING

UNDER THE INFLUENCE OF SUBSTANCES DURING

                                                                                     SCHOOL HOURS OR ATTENDING A SCHOOL SPONSORED

                  FUNCTION

 

A.        FIRST OFFENSE

            Any staff member to whom it appears that a student may be currently under the influence of alcohol or other drugs on school property or at a school function shall report the matter as soon as possible to the school principal/designee and the school nurse.  The student is to be escorted to a confidential and inconspicuous location where the youngster will be supervised.

            Reporting suspected cases - In conformance with NJAC 6A:16, STAFF MEMBER MUST IMMEDIATELY report any student exhibiting behavior, or a pattern of behavior, or whose physical condition is consistent with the signs and symptoms of being under the influence of alcohol, steroids, or other drugs to the DESIGNATED BUILDING ADMINISTRATOR AND SCHOOL NURSE.

            The following procedures must be followed:

                                    1.         The administrator will locate the student and escort him/her directly to a confidential and inconspicuous location where the nurse, appropriate administrator and the Student Assistance Counselor/Counselor will meet with the student as soon as possible. 

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                                    2.         Immediate contact with parent/guardian shall be initiated by the building administrator for the purpose of obtaining an immediate physical examination and a urine and/or blood test by a physician.  Building Administrator or his designee will also inform the Chief School Administrator of the incident.

                                    3.         WHEN A STUDENT IS IN NEED OF IMMEDIATE MEDICAL ATTENTION, the building administrator shall take appropriate action to insure that the First Aid Squad or Kearny Police transport the student to West Hudson Hospital .  The student will be accompanied by the principal’s designee.

            4.         WHEN IMMEDIATE MEDICAL ATTENTION IS NOT NECESSARY:

                                                            a)         The parent/guardian and principal/designee shall be directed to take the student for an immediate physical examination to include urine and/or blood testing at West Hudson Hospital , or an approved testing site.  They may choose a physician of their own which shall then be at the family’s expense instead of being performed at no charge.  Appropriate forms and releases shall be signed and reviewed with the parent/guardian.

                                                                                    1)         Failure to comply with the requirement to complete a physical examination and lab tests within 24 hours will be considered a positive diagnosis resulting in an immediate suspension.

                                                                                                            a.         Reinstatement will occur only upon: “submission to the principal, within 5 days from this incident, written evidence that a physician has medically cleared the student to return to school and that a Chemical Dependency Assessment has been initiated by an approved agency.”

                                                                                    2)         In accordance with NJAC 6A:16 (a), refusal or failure by a parent to comply with the provisions of NJSA 18A:40A-12 shall be deemed a violation of the compulsory education (NJSA 18A:38-25 and 18A:38-31) and/or child neglect (NJSA 9:6-1 et seq.) laws.  The parent/guardian will be advised that a DYFS referral will be made.  The drug screening may be done with or without the consent of the parent.

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            5.         RE-ADMISSION CRITERIA (when medical attention is or is not necessary).

                        Return to school is prohibited until the student can present:

                                                            a)         A physician’s written note stating that the student is medically cleared to return to school at this time.

                                                            b)         Evidence that a urine and/or blood screen for drugs/alcohol has been collected and is being processed by a lab.

                                                            c)         Meeting the above criteria, the student will be re-admitted that day without suspension, pending the results of the completed urine and/or blood test.

            d)         A POSITIVE DIAGNOSIS will cause the student to be suspended immediately for a duration of not more than 10 days.

                                                               1.      The Superintendent of Schools will be notified of a positive diagnosis.

                           2.      Positive diagnosis will require a Chemical Dependency Assessment from a New Jersey Department of Health approved program.  The selection of a treatment or assessment facility shall be done by the parent/guardian who shall be informed by the Building Administrator or designee that this will be at the parent/ guardian’s expense.  Nothing in these procedures shall prevent a parent/guardian from seeking a second opinion from an approved program at their own expense.

                                                                                    a.         The parent/guardian will be given a list of approved facilities from which to select their referral.

b.                    Parents/guardian and the student shall present a signed release of confidential information form from a listed New Jersey Department of Health approved program which indicates that an assessment is in progress in order that the school and treatment program may communicate about the students’ progress without breaching confidentiality.

            3.         Meeting the above criteria may result in the reduction in the length of suspension.

            4.         Students enrolled in an approved out-patient treatment program may continue to attend school only as long as participation can be documented.

5.         Parents/guardians who fail to comply with the assessing program’s recommendation will result in the school’s filing a report of alleged child neglect with the Division of Youth and Family Services (DYFS) as well as the option of filing a formal complaint in municipal court.

6.         Students not enrolled in a program, or leaving a program against the recommendation of the program, will be placed on Home Instruction, to be reviewed by the Kearny Board of Education.  They will remain on the rolls of the school that he/she was attending, with Home Instruction costs assumed by the Kearny Board of Education.

7.         If questionable behavior, or deteriorating condition is noted, or the treatment agency reports that a student’s use of drugs is increasing, the student will be required to see a physician for medical clearance.  Only upon receipt of written medical clearance will the student be allowed to remain in school.

B.        SECOND OFFENSE

Students suspected of having ingested or being under the influence of substances.

1.         The pupil will have an immediate medical examination including testing for cause which includes drugs of abuse and/or alcohol.  All of the procedures outlined under FIRST OFFENSE will be carried out.

2.      Confirmation of being under the influence will require the student to undergo an assessment by an approved facility.  The fee must be paid by the parent.

a)         Formal release from treatment at the program’s recommendation will be the only reason accepted for termination.

            3.         Failure to comply with these requirements may result in immediate suspension or expulsion at the recommendation of the administration, in conjunction with the Student Assistance Counselor/Counselor/Intervention and Referral Service Committee.  In case of suspension of more than 10 days, the youngster will be placed on Home Instruction.

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C.        THIRD OFFENSE

Students suspected of having ingested or being under the influence of substances.

            1.  The Administration, in conjunction with the Student Assistance Counselor/ Counselor/Intervention and Referral Service Committee, retains the option to recommend expulsion to the Board of Education for any chronic violator of this Policy.

                        a)    If the student is not expelled, an individual program shall be developed for him/her in consultation with the building administrator, Student Assistance Counselor/Counselor/Intervention and Referral Service Committee.

PART II - STUDENTS VOLUNTARILY SEEKING HELP FOR DRUG OR ALCOHOL                   RELATED PROBLEMS

            Students are encouraged to seek help for problems with or related to drug and/or alcohol use.  Specific staff members and services are provided for direct assistance of confidential referral for students seeking help with an alcohol, drug or other problem related to their substance use or use by someone in a close relationship with them.

1.         At the initial meeting with a student, the Student Assistance Coordinator/ Elementary Guidance Counselor or Intervention and Referral Service (PAC)/CORE member will provide full disclosure, orally and in writing, of the confidentiality laws and guidelines as required in Federal Confidentiality Regulations CFR42, Part 2.

2.         The Student Assistance Coordinator/Elementary Guidance Counselor or Intervention and Referral Service (PAC)/CORE member will be allowed to maintain confidentiality of conversations with students meeting the following criteria:

            a)   the student’s health is not in imminent danger;

                        b)   the information does not make the staff member accessory to an illegal

                              action;

                        c)   the information does not indicate that the health or safety of the student

                              or another individual is threatened.

3.         The student will be required to complete a screening inventory designated by the Intervention and Referral Service (PAC)/CORE team to determine the degree of alcohol and other drug involvement.

4.         The student’s age, quantity/frequency of alcohol/drug use, and the length of time a student continues to use substances should be given consideration when a decision to initiate a referral to a community agency or parent/ guardian contact is being weighed.

a)         For classified students, the Case Manager or other member of the Child Study Team shall be consulted.

b)         The individual Student Assistance Coordinator/Elementary Guidance Counselor or Intervention and Referral Service (PAC)/CORE member may continue to work with a student seeking help voluntarily for a reasonable period of time.

                        1)         The Student Assistance Coordinator/Elementary Guidance Counselor and student may design a plan which will include time frames, parent/guardian role, and possible treatment/ assessment referral.

            2)         However, when the Intervention and Referral Service (PAC)/CORE Committee agrees that no progress is apparent or the student has failed to adhere to the plan, the Intervention and Referral Service (PAC)/CORE member will refer the case to the appropriate provider.

c)         Every effort shall be made to have the student discuss their involvement with alcohol and other drugs with their parent/guardian.

5.         Members of the district’s Intervention and Referral Service (PAC)/CORE Committees shall be considered “part of the district’s alcohol/drug program” and shall be permitted to discuss student matters protected by Federal Confidentiality Regulations on a “need to know” basis, providing that members have signed a SHARED SERVICES AND CONFIDENTIALITY UNDERSTANDING form which has been filed with the Substance Awareness Coordinator/Elementary School Guidance Counselor.  

            a)         Building Intervention and Referral Service (PAC)/CORE Committees shall maintain regular communication regarding students moving from one district building to another, and on issues affecting siblings or significant others, in order to insure consistency.

            6.         “Voluntarily seeking help” does not prevent the school staff from charging a student with “suspicion of being under the influence” at another time.

PART III - STUDENTS RETURNING FROM TREATMENT (Voluntary and Policy Ordered)

            Any student attending a treatment program causing extended absence will be re-admitted only upon receipt of a written recommendation from the treatment program.  In addition, the student must be registered and actively attending an approved after-care program.

            1.         A copy of the student’s after-care plan and discharge summary must be provided to the Student Assistance Coordinator/Elementary Guidance Counselor/Building Administrator.              

            2.         Failure of the student to adhere to his/her after-care program because of his/her actions or inactions shall subject the student to disciplinary action which may include suspension or expulsion.

            3.         Refusal or failure by a parent to comply with this Policy shall be deemed a violation of the compulsory education (NJSA 18A:38-25 and 18A:38-31) and/or child neglect (NJSA 9:6-1 et seq.) laws and DYFS shall be notified. NJAC 6A:16.

PART IV - POSSESSION OR DISTRIBUTION OF DRUGS OR ALCOHOL

                        When a student is found to be in possession of any quantity of illegal substances, drugs, steroids and alcohol, on school grounds or at a school activity, the Kearny Police will investigate.  If illegal substances are found, it shall be the responsibility of the Police to complete their normal reporting procedures, and any other legal actions, such as complaints, depending on the quantity of substances.  It shall be the responsibility of the Kearny Police to determine whether the quantity and/or circumstances will be considered “possession” or “distribution” in accordance with New Jersey Law.

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A.        Students found “in possession” will follow the same criteria as outlined in Part I of this Policy.  However, the Kearny Board of Education maintains the right to conduct an expulsion hearing on any student found selling, possessing or distributing illegal substances, as outlined in this Policy.

B.        Students charged with distribution or intent to distribute drugs or when a student is neither treatment appropriate, nor tests positive on a urine/blood screen, will receive the following additional disciplinary measures:

1.         Out-of-School Suspension for up to a maximum of 21 days, not to exceed the second monthly Board of Education meeting.

2.         Appear at an automatic expulsion hearing before the Kearny Board of Education to determine to what extent the student is a danger to him/herself and/or the school community.

            3.         If reinstated, a monitoring program and monthly reports to the Kearny Board of Education shall be developed by the Intervention and Referral Service (PAC)/CORE Committee or the Student Assistance Coordinator/Elementary Guidance Counselor.

4.         Failure to comply with established guidelines, or determination that the student is a risk to the school community will result in extended Home Instruction until the Kearny Board of Education is satisfied that no immediate danger to other students exists.

C.        Second, and any subsequent offenses, or those which involve actions by the Court due to the quantity of substances involved, shall cause an Expulsion Hearing by the Kearny Board of Education to be held. 

D.        Students arrested for non-school related drug or alcohol violations shall be permitted to attend school unless it is felt that the student is a danger to him/herself, or to other students in the school.

E.         If the school building principal, based on reports from local police, determines that the student’s continued attendance presents a danger to the health and welfare of other students in the building, the offending student shall:

                        1.         Be suspended immediately, for a minimum of 10 days.

                        2.         Implement Home Instruction procedures immediately.

                        3.         Make a Child Study Team referral, if the current educational placement appears inappropriate

            4.         Return to school will be conditional upon meeting criteria established by the Intervention and Referral Service (PAC)/CORE Committee or Student Assistance Coordinator/Elementary Guidance Counselor and the building principal.

PART V - SEARCH AND SEIZURE

            All student handbooks shall carry a note that “lockers are school property and therefore subject to search by school administration” at any time.  Searches conducted of students’ possessions, lockers or vehicles must be warranted by “reasonable suspicion”.  These searches shall follow the guidelines established for New Jersey Schools in the Administrative Code, but shall include the following guidelines:

1.         “Reasonable suspicion” shall mean suspicion based on statement of concern by staff or students, and physical condition or behavior of a suspicious nature which indicated possible substance use or possession.

2.         Searches of a “cursory” nature may be conducted, including a visual inspection and request that students empty pockets, purses and other belongings.  Students refusing to cooperate in “searches” will have their parent/guardian contacted immediately to inform them of the student’s refusal to cooperate, stressing possible police involvement in the incident.

PART VI - ROLE OF THE CHILD STUDY TEAM

            The Child Study Team shall not accept referrals of new cases where the cause for evaluation indicates possible substance abuse, until the Intervention and Referral Service (PAC)/CORE Committee, the Director of Guidance, and the Student Assistance Coordinator/Elementary School Counselor have been consulted.

            A.        Students referred to Child Study team may be required to submit a urine and/or blood screen, or participate in some other form of evaluation, in order to “rule out” the possibility that drug/alcohol involvement is a primary cause for the referral.

            B.        Following return from treatment, or when the Intervention and Referral Service (PAC)/CORE Committee determines that a Child Study Team evaluation, or alternative educational environment may be appropriate, a referral to the Child Study Team shall be made.

            C.        The Child Study Team shall consult with the Intervention and Referral Service (PAC)/CORE Committee on students referred, for “technical assistance” on substance abuse and symptomatology, for both classified and non-classified students.

            D.        The Child Study Team, upon request of the Intervention and Referral Service (PAC)/CORE Committee or Board of Education, will review the current placement of a student on extended Home Instruction and consider alternative educational programs.

PART VII - CONFIDENTIAL CONSULTATION WITH PARENT/GUARDIAN

            Parents or guardians may receive confidential voluntary consultation from the Student Assistance Counselor/Elementary Counselor to address concerns about their child’s possible substance abuse, without informing the student of such a meeting.  Names of cooperating programs may be provided which will conduct a Drug Assessment.  The information obtained by the staff member during this meeting shall remain confidential and shall not be used for disciplinary action against the student.

1.         “Parent/Guardian confidential consultation” does not prevent the school staff from charging a student with “suspicion of being under the influence” at another time.

            The school has a moral and legal obligation to identify and assist students whose drug or alcohol use is affecting school performance or behavior, regardless of when it occurs.  Parents/guardians telephone calls expressing concern about parties or substance-related incidents involving students will be handled in the following manner:

1.         The staff member will ensure that any information deemed reliable will be passed on to the affected parent/guardian through the Student Assistance Coordinator/Elementary School Counselor, whose training and expertise may facilitate parent cooperation, in a manner which ensures the confidentiality of each student and/or family.

2.         A member of the Intervention and Referral Service (PAC)/CORE Committee and/or the Student Assistance Coordinator/Elementary School Counselor may call in a student in order to express concern about “use” when a parent/guardian or fellow student issues a “statement of concern,” or to discuss parent/guardian chemical dependency.  The contents of this meeting will remain confidential; however, this will NOT protect the student from future sanctions under existing procedures of this Policy.

3.         A Behavioral Health Assessment of the student may be conducted in order to determine to what extent chemical use may be affecting performance or behavior.  Students who appear to be “in trouble” may require formal, or informal intervention by the Intervention and Referral Service (PAC)/CORE Committee and/or Student Assistance Coordinator/Elementary School Counselor.  In such cases, no release of information by the student is necessary.

PART IX - STAFF MEMBER’S RESPONSIBILITIES

            Staff members MUST, by law, report any student suspected of being under the influence of, or having problems related to drugs, steroids and/or alcohol through the district procedures.

1.         Any educational personnel employed by this district who in good faith reports a pupil under the provisions of this Policy to the principal or his/her designee shall not be liable in civil damages as a result of making any such report. (NJSA 18A:40A-13 and 14)

                        Civil immunity NJSA 18A:40A-13-14; NJAC 6A:16.

2.         No civil action of any kind shall lie against any teaching staff member or any officer or agent of the district because of actions taken under the education statutes on substance abuse, NJSA 18A:40A-1 et seq., provided the skill and care given is that which is ordinarily required and exercised by other such teaching staff members and officers and agents of the district.

3.         Any teaching staff member who in good faith reports a pupil to the principal, the principal’s designee, the school medical inspector, or the school nurse in an attempt to help such pupil cure his or her abuse of substances shall not be liable in civil damages as a result of making any such report.

PART X - FORMAL INTERVENTIONS

            Students whose behavior indicates chemical dependency and refuses to confront the problem either alone, or as a result of family denial, may have an intervention structured to include staff and possibly family to confront the issue.

1.         The intervention will be followed up by invocation of the appropriate section(s) of this Policy.  This shall be a caring confrontation.

PART XI - TOBACCO USE

            Smoking or the use of tobacco products by students and staff within all school buildings and grounds is prohibited.

1.         Students engaging in the use of tobacco products anywhere in school buildings or on school grounds, may receive the following disciplinary measures based on offense number:

a)         First Offense, Students:       1-3 day in-school suspension

                        b)         Second Offense, Students:   3-5 day in-school suspension

                        c)         Third Offense, Students:     5-10 day in-school suspension

2.         Adults engaging in the use of tobacco products anywhere in school building or on school grounds may receive disciplinary sanctions.

                        Please note: By New Jersey Statute, smoking is prohibited on school grounds

                                             as well as within the building itself.

PART XII - CURRICULUM AND INSTRUCTION

A.        Every student attending Kearny Public Schools will receive instruction in behavioral/chemical health education in accordance with the guidelines and objectives established by the New Jersey Department of Education.

B.        Special prevention programs shall be conducted beyond the classroom throughout each school year which promote positive age-appropriate Behavioral Health practices.

PART XIII - STEROID PREVENTION PROGRAM

A.        The steroid prevention program shall include educational and aggressive identification programs in appropriate subjects and with sports teams.

B.        As a requirement for participation in interscholastic sports, all parents/guardians are required to give permission for the school physician or medical practitioner of their choosing to perform an examination and possible testing for steroid use.

C.        Steroid identification and testing during the individual sport season will follow the steps listed below:

1.         Coaching and medical staff shall closely observe student athletes while participating in the individual sport or during medical examinations.

a)         The examining physician will identify students suspected of steroid use and refer to West Hudson Hospital for testing for cause.

b)         Coaches will identify players who display physical manifestations or behavior consistent with symptoms of steroid use and report candidates for testing to the Vice Principal: Athletics/Student Activities and/or Student Assistance Coordinator/Elementary School Counselor.

2.         Urine samples will be collected from individuals and/or entire teams or squads when there is suspected steroid use.

a)         At the time of collection, the Student Assistance Coordinator or other designated member of the Alcohol and Drug “Program” shall provide students with an orientation to include:

1)         A review of the Board Policy regarding use of alcohol and other drugs, specifically steroids, along with consequences.

2)         An opportunity to voluntarily disclose themselves as “in violation of the Policy” by completing a Personal Disclosure Statement.

3)         Students voluntarily making such a disclosure will be seen by a Student Assistance Coordinator/Elementary School Counselor on the next school day.

3.         Failure to submit a urine sample will result in the student being declared ineligible to participate until a sample has been submitted.

4.         Students testing positive will be treated under the same procedures as outlined in this Policy with the following additional sanctions 

a)         First Offense - ineligibility to participate in interscholastic sports for the remainder of the season.

1)         A pre-season physical shall be required before being considered eligible for another sport.

b)         Second and Subsequent Offenses shall declare the student ineligible for one year from the date of the offense.                 

PART XIV - WRITTEN RECORDS

            Written records (official and unofficial) on all incidents relating to suspected and/or actual drug/alcohol abuse shall not become part of the child’s permanent health record or school record.  All official records shall be kept in the Student Assistance Coordinator’s/ Elementary Counselor’s office.

PART XV - STUDENTS RESPONSIBILITIES

                       It is the responsibility of each student to maintain a lifestyle completely free of drugs and alcohol.

            A student, through classroom instruction, should become aware of the effects of drugs and alcohol on the human body.

            A student who has a problem with drugs, steroids, alcohol, or tobacco should seek assistance by presenting the situation to the Student Assistance Coordinator/ Elementary School Counselor, specific faculty members, or to the school administration. 

            A student may suspect a fellow student of taking drugs or alcohol or may suspect possession of drugs or alcohol on or within the school grounds.  It is the responsibility of that student to inform the proper authorities of the suspicion, i.e., Student Assistance Coordinator, the building Principal, Vice Principal, Guidance Counselor, Nurse, or classroom teacher.  The confidence of the reporting student will be respected.

PART XVI - HIGH RISK YOUNGSTERS

            The Kearny School District shall provide ongoing in-school programs for high risk children and adolescents to be conducted by the Student Assistance Coordinator of the high school and counselor in the elementary schools.  Anti-social behavior, academic failure, little commitment to school and lack of social bonding are but a few signs that a child might develop attitudes favorable to drug use.  At risk youngsters also include, but are not limited to, those with a family history of substance abuse, those who exhibit positive attitudes toward drug use and those with drug using friends.  Teachers should refer high risk youngsters via a behavioral checklist to the Intervention and Referral Service (PAC)/CORE Committee.

PART XVII - CHILDREN OF ALCOHOLICS AND FROM CHEMICALLY DEPENDENT

                                                                        FAMILIES

            Children who are identified as having parents, guardians, or family members with active alcoholism, substance abuse, or chemical dependency, or a history of such difficulties, may receive support services in the form of individual or group counseling, referral to community services, and “self-help” programs available within the school district and community.  The following guidelines are provided for handling these matters.

1.         Students at all levels shall be apprised, in an age appropriate manner, of the confidentiality regulations prior to disclosing information as outlined in Part I, Confidentiality.

2.         Students who self-disclose family chemical dependency may be provided support services; however, staff members shall be alert to the potential for a referral to the Division of Youth and Family Services.

a)         The Confidentiality Regulations are automatically waived in cases where any form of child abuse exists.

3.         Every effort to involve and assist parents or guardians with chemical dependency issues should be made.

a)         Before involving elementary school age children in counseling programs, parents or guardians may be informed of their child’s participation in such programs.  NJSA 18A:40A(9:17A-4)

4.         Parents or guardians who have been informed of detrimental effects resulting from a family member’s chemical use, and fail to take appropriate action, shall cause a referral to DYFS to be made.

PART XVIII - AUTHORIZED USE OF MEDICATIONS

A.        All students carrying or taking prescribed medication, must store and consume these medications under the supervision of the school nurse as directed in the Medical Department Policy with the exception of inhalers for asthma.

B.        Parents are ultimately responsible for enforcing this procedure when they are aware of medication use.  Consumption of any medication with the exception of prescription inhalants in places other than the nurse’s office will be considered a violation of this Policy.

PART XIX - TEACHER IN-SERVICE TRAINING (NJSA 18A:40A-3 & NJSA 18A:40A-15)

A.        Teacher in-service training is an important part of any school program to prevent chemical dependency.  The Student Assistance Coordinator/Elementary School Counselor and/or Intervention and Referral Service (PAC)/CORE Committee in each school is responsible to provide in-service training and to assist district personnel in identifying symptoms and behavioral patterns which may indicate a youngster is involved in substance abuse.  The Kearny Board of Education will provide time for conduct of the program during the usual school schedule.

B.        In-service training shall prepare teachers to instruct pupils on substance abuse and inform teachers about the nature of substances, the symptomatic behavior associated with substance abuse, the availability of rehabilitation and treatment programs, the legal aspects of substance abuse, and district Policy and regulations on substance abuse.

PART XX - REVIEW AND ANNUAL DISTRIBUTION OF POLICIES

            District Policy and implementation of administrative regulations on drugs/alcohol shall be reviewed and evaluated annually by administrators, teachers and students, in consultation with members of the community and local health agencies, and shall be distributed annually to all school staff members, pupils and parents.  (NJAC 6A:16-4.2)

Adopted:         August 17, 1993

Amended:       February 24, 2003

 

ADDENDUM I

ADMINISTRATOR’S ALCOHOL AND OTHER DRUG ABUSE INCIDENT

CHECKLIST

The following “checklist” provides the administrator with a ready reference to insure compliance with established Board of Education Policy and Procedure relating to substance abuse incidents.

1.             Any staff member to whom it appears that a student may be currently under the influence of alcohol or other drugs on school property or at a school function shall report the matter as soon as possible to the school principal or designee and the school nurse.  Reporting person completes the Behavior Assessment.

2.                   The students is to be escorted to a confidential and inconspicuous location where the student will be supervised.  Administrator/Nurse document observable symptoms.

3.                   If a student appears to be in need of immediate medical attention the building administrator/nurse will call the first Aid Squad or Kearny Police Department to transport to West Hudson Hospital.

4.                   The building administrator or designee:

          shall immediately notify the parents/guardian

          refer parent/guardian to West Hudson Hospital for an immediate medical evaluation and urine and/or blood testing.  No fee to parents (contact at West Hudson Hospital should be made with Mrs. Katherine Zenevitch or her designee, phone (201-955-7676).

                        a) The parent can be given the option of taking the student to their personal

                             physician within 24 hours for a medical examination and urine and/or

                             blood test.  This will be done at the parent’s expense.

5.                   The building administrator or designee will inform the parent/guardian that the student will not be allowed to return to school until there is written medical clearance by the examining physician to return to school and evidence that a urine and/or blood screen for drugs/alcohol has been collected.

          Procedure letter given to parent to read and sign.  (Copy to parent)

.                Re-admission criteria (First Offense)

            AFTER MEDICAL CLEARANCE, THE STUDENT MAY RETURN TO SCHOOL THAT DAY PENDING RESULT OF THE URINE AND/OR BLOOD TEST

A)   NEGATIVE DIAGNOSIS

1.                   The student continues in school

2.                   Refer student to Counselor/Student Assistance Counselor

            B)   POSITIVE DIAGNOSIS

1.                   Immediate suspension for a period of not more than 10 days

2.                   Results of, or evidence that the process has begun for an assessment from a state approved provider with recommendation

3.                   Evidence that family has complied with assessment recommendations

                                    a)   The student is allowed to return and/or stay

                                           in school as long as the student continues and

                                           completes the recommended program

4.                   Refer student to Counselor/Student Assistance

                                    Counselor

5.                   The building principal or designee shall complete the Violence, Vandalism and Substance Abuse Incident Report, according to the requirements of NJSA 18A: 17-46 and NJAC 6A:16-4.3(d).

7.                   Re-admission (Second Offense)

A.                  Completion of First Offense Re-admission

B.                  Positive diagnosis results in treatment requirement

C.                  Failure to comply - immediate suspension (optional - expulsion recommended)

8.                   Re-admission (Third Offense)

A.                  Completion of First Offense Re-admission

B.                  Positive diagnosis results in automatic Expulsion hearin

9.                   Parent/Student Non-Compliance

A.                  Failure to comply with the requirement to complete a physical examination and lab tests within 24 hours will be considered a positive diagnosis resulting in an immediate suspension.

B.                  If the parent or guardian refuses to consent for medical examination including urine and/or blood testing for substance abuse, the parent will be informed by the building administrator that their refusal will be considered to be child neglect and a violation of the law as set forth under NJSA 9:6-1 et. seq. and the school is obligated to report the incident to the Division of Youth and Family Services.  NJAC 6A:16-4.3(d).

ADDENDUM II

sample

Kearny Public Schools

Kearny High School                                                                                         Mr. Frank Digesere

336 Devon Street                                                                                             Principal

Kearny, New Jersey   07032                                                                            (201) 955-5048

 

 

TO:

_____________________, 200___

 

Your child, _______________________, ID #_________ has been identified in accordance with Board of Education Policy 5131.63 and New Jersey Administrative Code 6:29-6 as being suspected of being under the influence of alcohol or other drugs.

The purpose of this procedure is to assist schools and families in identifying and getting help for students with alcohol or other drug problems.  You are required to complete the following in order for your child to be re-admitted to school:

C                    An immediate examination by a physician, and a urine and/or blood test with documentation that both have been completed.

C                    A clearance note from the physician and completion of the above requirement will allow the student to return pending the results of the laboratory work.

C                    If the physician clears the student but later laboratory work indicates alcohol and/or other drug use the student will be required to have an assessment (at the parents’ expense) by a qualified alcohol/drug treatment provider.  The recommendations from this assessment must be received before returning.  A suspension of not more than 10 days will commence at the time the laboratory results are received.

C                    It will be considered a positive diagnosis if there is no clearance by a physician and laboratory work completed within 24 hours.  The student will be required to have an assessment (at the parents’ expense) by a qualified alcohol/drug treatment provider.  The school must receive the recommendations before returning.  A suspension of not more than 10 days will commence immediately.

Failure to comply with the above steps or with the recommendation of the assessing agency will result in re-suspension.  Parent’s signature allows for exchange of information relevant to the student by the hospital, treatment center, SAC and/or school administration.

 

___________________________________

                        Parent/Guardian Signature                                                            

 

 

 

                        Date ___________________________

 

ADDENDUM III

REASONABLE CAUSE TO SUSPECT

 

Pupil’s Name: ________________________

Date: ____________________

Time: ____________________

Grade:   __________

A referral requires a minimum number of two (2) observable characteristics as listed below.

I have “reasonable cause to suspect a student is under the influence” based on the following listed below.