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Barre Town Supervisory
District Policy Manual
TITLE: Use, Possession,
and Distribution of Substances Policy CODE: JICH
The Barre Town School District regards the
health, safety, and well-being of all students, to be of prime
importance. It is the intent of this policy to be sensitive to students,
while guaranteeing their rights to due process. The administration and
faculty are dedicated to a Substance Abuse Prevention Program.
The Barre Town School District believes
that substance abuse is a treatable health problem and that it is
primarily the responsibility of the home and the community. The school
shares this responsibility and sees its role in the areas of prevention
(education), intervention (identification and referral), and
reinforcement of positive self-image.
The Barre Town School District's policy
is that alcohol and drugs shall not be permitted on school premises, on
school buses, or at any event sponsored by the school system, whether
held on school premises or not.
Community and school share in this responsibility because substance
abuse often interferes with behavior, learning, and the fullest possible
development of each student.
- The Barre Town School District and
its personnel will work cooperatively and openly with local health
agencies, mental health services, youth service agencies, and local
law enforcement agencies in the implementation of this substance
abuse policy, which includes both discipline procedures and a
referral process for students.
- The Barre Town School District is
concerned with education about, and prevention of, substance abuse.
A. The school will continue to
maintain a Substance Abuse Prevention Program that is incorporated
into the total education of all students, in accordance with Vermont
Title 16, VSA, Section 1165, and subsequent state mandated substance
abuse curriculum plans.
B. The school has established a Personal Assistance Committee (PAC),
consisting of at least an administrator, guidance counselor, nurse,
Special Education staff member, and other personnel as appropriate.
It will be the responsibility of the PAC to ascertain what the
proper disposition of a referral should be. Referring persons will
be invited to meet with the PAC.
1. The primary task of PAC shall
be to determine whether or not a problem related to substance
abuse exists, and to develop a plan to assist the student in
resolving that problem, should one exist. Options might include
any of the following:
• individual counseling
• group counseling
• family counseling
• development of a contract with the student
• substance abuse counseling
• referral to outside agencies
• informing the Superintendent
2. Should it be determined that
problems other than substance abuse exists, the PAC will refer
those problems to the Guidance Department.
3. Ideally, students, parents,
referring persons, appropriate outside agencies, and the PAC
will work cooperatively in the development of a plan which is
both consistent with school policy and in the student's best
interests.
4. The PAC will take an active
role in the placement of referred students, taking into
consideration the status of each student's developmental plan.
PAC has the authority to share student information with Barre
Town School personnel when appropriate.
- Confidentiality
A. Communications between a student
and a school staff member concerning drugs and/or alcohol may be
kept confidential unless any of the following circumstances exist:
1. The student is in violation of
the school's alcohol and drug policy as set forth in Section V
below.
2. Where the student exhibits
abnormal or erratic behavior, in which case the student will be
referred in accordance with Section IV below.
3. When there is an immediate
clear and present danger to the safety and/or well-being of the
student and/or others.
4. When required by subpoena or
court order.
5. Where in the judgment of the
school staff member the student should be referred for
treatment. In this instance, parents or guardians must be
notified if the student is age 11 or under (Title 18 VSA #4226).
Parents of a student age 12 to 18 also need to be notified
unless the referral is supported by a physician's statement.
6. Where a school staff member
determines that it is appropriate to refer the student to the
PAC, to consult with school administration, nurse, guidance
counselor and/or other appropriate personnel concerning the
student or to request that the school administration consult
appropriate out-of-school agencies concerning the student.
(School staff members may also elect to listen and discuss in
confidence the situation as related by the student or to urge
the student to talk to parents or guardians.)
B. Incidents relating to suspected
and/or actual use of alcohol or other drugs will not become part of
the student's school record unless the student is found to have
violated school alcohol and drug policy as set forth in Section V
below.
C. Upon request, and with parental
release, and/or student's consent if age 12 to 18, pursuant to
Federal Regulations 42 CFR 2.15 (confidentiality of substance abuse
record which supports the state law) Title 18, VSA #4227, the PAC
will share with outside agencies pertinent information that is in
the best interest of the student.
D. PAC has the authority to share
student information with Barre Town School personnel when
appropriate.
- The Barre Town School District has
established and will continue to maintain the following procedures
to deal with students who have a problem with substance abuse.
A. If abnormal and/or erratic
behavior of a student creates an emergency situation:
1. The school staff member will
notify the principal, or a designated representative, of the
abnormal and/or erratic behavior of a particular student. It
will be the responsibility of the principal, or the designated
representative, to observe the student and/or remove the student
to the nurses' office.
2. The nurse will observe the
student and determine whether or not medical attention is
necessary. If so, the nurse will proceed according to the
following.
a. If a medical emergency
exists, the student will be taken to the hospital by
ambulance. The parent or guardian will be notified as soon
as possible.
b. If immediate medical
attention is not required, the parent or guardian will be
notified and requested to have the student examined by a
physician that day, with the results sent to the school
nurse from the physician within a reasonable amount of time.
c. The nurse/administrator
will refer the student to PAC after the immediate medical
emergency is passed.
B. When a staff member is aware that
a student is having a problem which may be related to substance
abuse, the administrator will be contacted. The administrator will
then refer the student to PAC.
- Drug & Alcohol Disciplinary Policy
A. A violation of the Barre Town
School District Alcohol and Drug Abuse Policy is any drug or alcohol
related incident which occurs on school premises or at school
sponsored functions and includes the purchase, use, prior ingestion,
possession, being under the influence of alcohol and/or drugs (legal
intoxication is not required), selling or giving alcohol and/or
drugs to others, and the possession of devices specifically or
reasonably associated with alcohol or drug use. For the purpose of
this policy alcohol and/or drugs includes substances which a student
represents or believes to be alcohol and/or drugs.
B. Definitions
1. Alcohol and/or drug use and
abuse is defined as the ingestion or possession of unprescribed
drugs or alcohol or being under the influence of the same on the
school premises or during participation in any school related
activity.
2. "Drug" means any controlled
substance as defined by state or federal statute or regulation.
1
3. This policy also applies to
those instances where use of a substance, whether legal or
illegal, is intended to affect the physical, psychological or
emotional state of the user.
C. If a student is found possessing
and/or using alcohol and/or drugs as defined in Section V (A) above,
the following disciplinary actions will take place:
1. First offense
a. The school administration
will be notified immediately.
b. The parent or guardian
will be notified immediately and required to come to the
school. The parent or guardian will be informed about the
penalties for subsequent offenses and the student will be
removed for the remainder of the day by the parents or
guardians at the time of the incident. The student shall
serve three days of in-school suspension.
c. All other procedures taken
by the administrator will be within the confines of the law.
These may include, but are not limited to, consultation with
school staff members(s), mental health personnel, school
nurse, and/or referral to appropriate out-of-school
agencies.
d. The appropriate law
enforcement agencies may be notified by the school
administration when appropriate.
e. Referral to PAC.
2. Second offense
a. All of the consequences
described in first offense action, plus:
b. The appropriate law
enforcement agencies will be notified.
c. Suspension for five school
days in accordance with established policy regarding
suspension.
d. PAC will refer to
appropriate agencies with compulsory personal consultation
involving student and parent/guardian about the problem as a
condition of reinstatement.
3. Subsequent offenses
a. All consequences described
in the first and second offense actions listed above.
b. Automatic suspension will
occur, along with immediate referral to the PAC for
disciplinary action, which may include referral to
superintendent for long term suspension, removal from school
setting to a more restrictive environment or recommendation
to school board for expulsion.
c. If the student is not
expelled, the Plan developed by PAC must be reviewed and/or
revised within 30 school days..
D. If a student is determined to be
distributing alcohol and/or drugs as defined in Section V (A) above
on school premises, school buses or at any event sponsored by the
school district or at school functions, the following will take
place:
1. The parents or guardian will
be summoned.
2. Appropriate law enforcement
agencies will be summoned by the school administration.
3. Automatic suspension will
occur, along with immediate referral to the PAC for disciplinary
action, which may include referral to superintendent for long
term suspension, removal from school setting to a more
restrictive environment or recommendation to school board for
expulsion.
4. If the student is not
expelled, the Plan developed by PAC must be reviewed and/or
revised within 30 school days.
E. Commencing on the date of the
student's first offense a record of disciplinary action will follow
a student until the student graduates from Barre Town Middle and
Elementary School or is no longer eligible for graduation at which
time the records will be destroyed.
- Disciplinary Action for Student with
Disabilities
See Section JK-R (Vermont Department of Education, Special Education
regulations and Other Pertinent Regulations. Sec. 4300 (4311-4312)
and implement consistent with IDEA and Section 504 of Federal Law.
1 For purposes
of this policy, tobacco in any form (for smoking, chewing, etc.) shall
be considered a Drug.
Date Adopted: May 8, 1997
Date Revised: August 10, 1999
Date Effective: August 10, 1999
Legal Reference(s): 16 VSA 1165; 16 VSA 140
Cross References: Tobacco Use, JK, JK-R Date
Distributed: August 17, 1999
1st Reading: July 19, 1999 , 8/19/08
1st Reading: February 20, 2002
2nd/Final Reading: 9/17/08
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