In compliance with the Drug Free Schools and Communities Act Amendments of 1989 (P.L. 101-226), Section 5145 (Certification of Drug and Alcohol Abuse Prevention Programs) and in concurrence with the pertinent New York State Education Department syllabi and Education Law 804.3 (Chapter 94 of the Laws of 1989), the Fonda-Fultonville Central School Board of Education herewith directs the implementation of an age-appropriate, developmentally based drug and alcohol prevention program for students in all grades, conveying that the use of illicit drugs and the unlawful possession and use of alcohol is wrong; and further that the following standards of conduct and sanctions, as they pertain to students and employees, are enacted in the interest of good health practices and wellness among all members of the school community.
In support of the Board’s basic policy that no person shall possess or be under the influence of any alcoholic beverage, controlled substance (drug) or imitation controlled substance while on property owned by the school district, or at any school sponsored activity, the Board further endorses as its Policy the following:
The Board of Education recognizes our most valuable resource to be the youth of our community. In conjunction with parents, the school district is responsible for their education, reinforcement of attitudes, and development. These policies are designed to protect these resources by developing guidelines to be used in preventing the use of drugs and controlled substances, including such substances as they are defined in the Public Health Law and the Penal Law of the State of New York, as well as alcohol and “look-alike” drugs. All references to drugs and drug use in this policy herein incorporate such definitions, specifically including alcohol and alcohol use.
II. STATEMENT OF ROLES AND RESPONSIBILITIES
The Fonda-Fultonville Central School recognizes that in order to effectively prevent and combat student drug abuse, the entire community must be involved. This includes: parents, school staff, law enforcement authorities, religious groups, social services agencies and the media. They must transmit a single, consistent message that drug use is wrong and dangerous, and that it will not be tolerated. The following principles of mutual responsibility are adopted:
1. PARENT RESPONSIBILITY
1.1 Teach standards of right and wrong, and demonstrate these standards through personal example.
1.2 Help children resist peer pressure to use drugs by supervising their activities, knowing who their friends are, and talking with them about their interests and problems.
1.3 Be knowledgeable about drugs and signs of drug use. When symptoms are observed, respond promptly.
1.4 Reach out to schools for support assistance by communicating concerns and participating in programs offered to address concerns.
2. SCHOOL RESPONSIBILITY
2.1 Establish clear and specific rules regarding alcohol and other drug use that include strong corrective actions.
2.2 Enforce established policies against drug use fairly and consistently. Ensure adequate security measures to eliminate drugs from school premises and school functions.
2.3 Determine the extent and character of drug use and monitor that use regularly.
2.4 Participate in training to familiarize school personnel with the changing nature of drug usage.
2.5 Implement a multi-disciplinary drug prevention curriculum for all school children, teaching that drug use is wrong and harmful, and supporting and strengthening resistance to drugs.
2.6 Reach out to the community for support and assistance in developing policies and programs to educate students, parents and staff about drugs and the dangers of drugs, and to learn about resources available in the community which can help in the fight against drugs.
3. STUDENT RESPONSIBILITY
3.1 Learn about the effects of drug use; the reason why drugs are harmful, and ways to resist pressures to try drugs.
3.2 Understand the danger posed by drugs to help other students avoid them. Encourage other students to resist drugs; attempt to persuade those using drugs to seek help, and communicate with parents and school personnel about the known dangers presented by drugs within the school community.
4. COMMUNITY RESPONSIBILITY
4.1 Work cooperatively with school officials to fight drugs by providing expertise and financial resources.
4.2 Involve local law enforcement agencies in all aspects of drug prevention, assessment, enforcement, and education.
III. EMERGENCY AND HEALTH PROCEDURES
1. In cases of drug abuse within the school setting, school officials shall take such action as is reasonably necessary to protect the health and well-being of the student involved, as well as other students, faculty and staff in the building.
2. When a student is physically incapacitated as a result of substance abuse or there is reasonable suspicion of student substance abuse, the following procedure will be followed:
2.1 The teacher will contact an administrator (or designee) regarding the suspected substance abuse.
2.2 The administrator (or designee) will accompany the student to the Health Office.
2.3 The school nurse and administrator will observe the student, give consideration to the information supplied by the teacher, and make a recommendation as to the action to be taken.
2.4 If immediate medical treatment is deemed necessary, the nurse will make the appropriate calls.
2.5 If emergency medical attention is not required, the Administrator will notify the parent and request the parent come to school to pick up the student.
2.6 If suspicion is not confirmed, the student will resume regular activities.
2.7 A teacher having concerns about observable student behavior, but no clear cut suspicions, should summarize their observations and report them to the building administrator including the date, time, location and a brief description of the observations. Such information shall not be maintained in the student’s personal file, but shall be maintained by the building administrator in a separate file. Such information shall be destroyed upon termination of study status within the Fonda-Fultonville Central School District.
2.8 In all cases of substance abuse, the major responsibility for dealing with the student rests with the parent. Working with the parent, the school may suggest the referral of the problem to community agencies outside of the school.
IV. ADMINISTRATIVE PROCEDURES
Reasonable suspicion of drug usage or possession warrants full investigation.
1. PROCEDURE FOR REASONABLE SUSPICION OF DRUG USAGE
1.1 An Administrator will be notified immediately.
1.2 The Administrator, after observing the student, will determine whether or not he wishes to confer with the student. If he does, he will request the student remain with him for a conference.
1.3 After the administrator has observed and/or conferred with the student, he will use his discretion in taking further action. Such action might include requesting the student to go to a physician for a physical exam, summoning the school nurse and/or physician, requesting a conference with parents, referring the student to the appropriate community agency and/or personnel for further consultation.
1.4 Parents will be notified of such suspicion with the student present. Such notification usually will take place at a conference between school officials and the parents. At such a conference, the parent will be given the specific reasons for the suspicion of drug usage.
2. In all cases of drug abuse, the major responsibility for the dealing with the student rests with the Parent.
Working with the parent may suggest referral of the problem to community agencies outside the school.
3. On the basis of reasonable suspicion, an individual’s locker and/or vehicle may be searched by an administrator or designated faculty members.
3.1 During the search of a locker, the student need not be present, but at least two school employees will conduct the search in addition to the administrator.
3.2 During the search of a vehicle, unless otherwise provided by law, the student must be present. Refusal to permit the vehicle to be searched may be grounds for discipline.
3.3 Any and all drugs and/or implements found either on school property, in lockers or vehicles will be confiscated by the building administrator (or designee). Such confiscation will be cause to notify parents. Confiscated substances or drug implements will be turned over to the Montgomery County Sheriff’s Office or the appropriate law enforcement agency, and the school may invoke such disciplinary procedures as it deems appropriate in circumstances.
4. In the case of sale or possession of drugs, law enforcement agencies will be notified.
4.1 Upon determining reasonable grounds exist to suspect a sale, possession, or possession with intent to sell by a student, the administration will immediately notify the parents (to the extent practicable) and request their presence at school as soon as possible. In the appropriate circumstances, the police shall also be notified.
4.2 Upon arriving at the school, the parent will be informed of the situation and the Sheriff’s Department or appropriate law enforcement agency has been notified.
4.3 Upon arrival of the police, the school will facilitate the police investigation and the school will proceed pursuant to its Discipline Policy.
5. When a student is physically incapacitated as a result of drug use and is referred to the school nurse for emergency treatment:
5.1 … If the behavior poses a continuing danger, the student shall be suspended from regular class attendance and all school activities until the incident is discussed with the parents and some plan of action for the future is developed. Other staff members will be included as needed, and a portion of the plan may include the involvement of a counselor.
5.2 Copies of all correspondence related to the incident will be maintained with access at the discretion of the administrator.
5.3 Readmission to classes will be determined as a part of the planning conference.
5.4 Continuing incidents may be cause for referral to appropriate legal agencies.
6. Upon reasonable suspicion of drug use, but not of the type involving emergency treatment, the following procedure is to be used:
6.1 An administrator or designee will determine what further action needs to be taken, in accordance with the due process.
7. STUDENT RECORDS
7.1 All records pertaining to suspicion of drug abuse by a student will be maintained in a separate administrative disciplinary file for administrative use only. No information shall be entered on the student’s permanent record.
Discipline for drug use shall be pursuant to Board of Education policy. In addition thereto:
1. DRUG USE
1.1 First offense – Drug use on school property. The student may be required to complete at least four hours of counseling.
1.2 Second offense – The student will be remanded to a Superintendent’s Hearing.
2. SALE OR POSSESSION OF A DRUG
2.1 First offense – The police may be notified. Parents will be notified. The student may be required to complete a program of counseling and may be remanded to a Superintendent’s Hearing.
2.2 Second offense – The police and parents will be notified. The student may be required to complete a program of counseling and will be remanded to a Superintendent’s Hearing.