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Escondido Union ESD |  BP  5131.6  Students

Alcohol, Tobacco, And Other Drugs   

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Philosophy

The Board of Education believes that the use of alcohol or other drugs adversely affects a student's ability to achieve academic success, is physically and emotionally harmful, and has serious social and legal consequences. The board desires to keep district schools free of alcohol, tobacco, and other drugs and desires that every effort be made to reduce student use of these substances. The board perceives this effort as an important step towards preventing violence, promoting school safety, and creating a disciplined environment conducive to learning. In light of this, the board will not ignore the use of alcohol, tobacco, and other drugs and will direct staff to develop proactive as well as reactive measures to prevent and intervene in the use of alcohol, tobacco, and other drugs and to assist students affected by others' use. These measures shall include ongoing activities which promote a positive and healthy lifestyle and meet the diverse needs of the student population.

The superintendent or designee shall develop a comprehensive prevention and intervention program that includes instruction, referral to a rehabilitation program, enforcement/ discipline, activities that promote the involvement of parents/guardians, and coordination with appropriate community agencies and organizations.

(cf. 0450 - Comprehensive Safety Plan)

(cf. 4020 - Drug and Alcohol-free Workplace)

(cf. 6020 - Parent Involvement)

The superintendent or designee shall clearly communicate to all students, staff, and parents/guardians the district's policies, regulations, and school rules related to the use of alcohol, tobacco, and other drugs on school campuses or at school activities. Information about program needs and goals shall be widely distributed in the community.

The board expects staff to conduct themselves in accordance with the district's philosophy related to alcohol, tobacco, and other drugs. Staff should help students see themselves as responsible partners in efforts to maintain a safe, constructive school climate.

The board also encourages the establishment of site-level advisory groups to assist in promoting alcohol- and drug-free schools.

(cf. 1100 - Communication with the Public)

(cf. 5131.62 - Tobacco)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

Instruction

The district shall provide preventative instruction which helps students avoid the use of alcohol, tobacco, and other drugs. Comprehensive, age-appropriate K-8 instruction shall

address the legal, social, personal, and health consequences of drug and alcohol use, promote a sense of individual responsibility, and inform students about effective techniques for resisting peer pressure to use alcohol, tobacco, and other drugs. Adequate human and material resources to support the program will be provided. The district will designate an employee to coordinate alcohol, tobacco, and other drug-use prevention for the district.

The curriculum and instructional program will be comprehensive, sequential and integrated in nature, and be suited to meet the cultural and diverse needs of the students at their respective grade levels. All instruction and related materials shall consistently state that unlawful use of alcohol or other drugs is wrong and harmful. Instruction shall not include the concept of responsible use when such use is illegal.

Teachers shall be trained to answer students' questions related to alcohol and drugs, and to help students obtain and use current and accurate information, develop and maintain a positive self-concept, take positive actions to cope with stress, and use appropriate social and personal skills to resist involvement with alcohol, tobacco, and other drugs. In addition to curriculum, other prevention programs will include, but not be limited to, intervention and positive youth activities.

(cf. 4131 - Staff Development/Certificated)

(cf. 6143 - Courses of Study)

The district encourages parent/guardian and community involvement in alcohol, tobacco, and other drug use prevention and uses the advice and recommendation of the Safe and Drug-Free Schools/Community Advisory Council for guidance in making program decisions related to alcohol, tobacco, and other drug education.

Intervention, Referral, and Recovering Student Support

The board believes that effective interventions should be available to assist students who use alcohol or other drugs. School staff, students, and parents/guardians shall be informed about signs and symptoms which may indicate alcohol and other drug use and about appropriate agencies offering intervention programs, counseling, and rehabilitation for students and their family members. The district shall help recovering students to avoid reinvolvement with alcohol, tobacco, and other drugs by providing school and/or community service activities designed to increase students' sense of community.

The board strongly encourages any student who is using alcohol or drugs to discuss the matter with his/her parent/guardian or with any staff member. Students who disclose their use of alcohol or other drugs when seeking help from an intervention or recovery program shall not be disciplined for such use.

The board recognizes that schools are uniquely situated to be a part of a solution and that parents/guardians play a key role and have prime responsibility for assisting their children. Treatment will be the exclusive responsibility of the parents/guardians. Cooperation should be established among schools, parents/guardians, resource agencies, and law enforcement in the areas of prevention/intervention, support, assessment, and treatment of district students. The roles and responsibilities of staff and others in working with the students suspected of alcohol, tobacco, and other drug use will be defined in district regulations.

The board encourages school activities which can assist students to strengthen ties to the school and enhance recovery, thus aiding in the maintenance of a healthier lifestyle.

Enforcement/Discipline

In an effort to provide a positive and safe climate, and adhere with state laws and education, health, and safety codes, the superintendent or designee shall take appropriate action to eliminate possession, use, or sale of alcohol, tobacco, and other drugs and related paraphernalia on school grounds, at school events, or in any situation in which the school is responsible for the conduct and well-being of students. School authorities may search students and school properties for the possession of alcohol, tobacco, and other drugs in accordance with law, board policy, and administrative regulations. Possession of electronic signaling devices is also prohibited unless an exception has been granted by the principal/designee because it is essential for the student's health.

The board supports consistent and fair consequences for students who break state and local laws and district policy with respect to possession, use, distribution, and sale of alcohol, tobacco, and drugs. Students possessing, using, or selling alcohol, tobacco, other drugs, or related paraphernalia at school or at a school event shall be subject to disciplinary procedures, including suspension or expulsion in accordance with law, board policy, and administrative regulations. Enforcement may also include law enforcement contact. Such students also may be referred to an appropriate rehabilitation program. Students will be afforded their individual rights; due process, and appeal procedures will be followed. Special education students will be afforded all federal and state procedural safeguards prior to moving to expulsion proceedings.

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5145.11 - Questioning and Apprehension

(cf. 5145.12 - Search and Seizure)

Legal Reference:

EDUCATION CODE

44049 Known or suspected alcohol or drug abuse by student

44645 In-service training anabolic steroids

48900 Suspension or expulsion (grounds)

48900.5 Suspension, limitation on imposition; exception

48901 Smoking or use of tobacco prohibited

48901.5 Prohibition of electronic signaling devices

48902 Notification of law enforcement authorities; civil or criminal immunity

48909 Narcotics or other hallucinogenic drugs

48915 Expulsion; particular circumstances

49602 Confidentiality of pupil information

51202 Instruction in personal and public health and safety

51203 Instruction on alcohol, narcotics and restricted dangerous drugs

51210 Areas of study

51220 Areas of study, grades 7 to 12

51260-51269 Drug education

60041 Instructional materials

60110-60115 Instructional materials on alcohol and drug education

BUSINESS AND PROFESSIONS CODE

25608 Alcohol on school property; use in connection with instruction

HEALTH AND SAFETY CODE

11032 Narcotics, restricted dangerous drugs and marijuana

11053-11058 Standards and schedules

11353.6 Juvenile Drug Trafficking and Schoolyard Act

11357 Unauthorized possession of marijuana; possession in school or on school grounds

11361.5 Destruction of arrest or conviction records

11372.7 Drug program fund; uses

11802 Joint school-community alcohol abuse primary education and prevention program

11998-11998.3 Drug and Alcohol Abuse Master Plans

11999-11999.3 Alcohol and drug program funding; no unlawful use

124175-124200 Adolescent family life program

PENAL CODE

13860-13864 Suppression of drug abuse in schools

VEHICLE CODE

13202.5 Drug and alcohol related offenses by person under age of 21, but aged 13 or over;

WELFARE AND INSTITUTIONS CODE

828 Disclosure of information re minors

828.1 Disclosure of criminal records; protection of vulnerable staff & students

UNITED STATES CODE, TITLE 20

5812 National education goals

7101-7184 Safe and Drug-Free Schools and Communities Act

Management Resources:

WEB SITES

California Department of Education, Alcohol, Tobacco and Other Drug Prevention: http://www.cde.ca.gov/ls/he/at

California Healthy Kids: http://www.californiahealthykids.org

U.S. Department of Education, Office of Safe and Drug Free Schools: http://www.ed.gov/about/offices/list/osdfs/index.html

Policy ESCONDIDO UNION SCHOOL DISTRICT

revised: October 23, 2003 Escondido, California