Because the use of alcohol, tobacco and 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 Governing Board intends to keep district schools free of alcohol, tobacco and other drugs.
The Board desires that every effort be made to reduce the chances that our students will begin or continue the use of alcohol and other drugs. Alcohol, like any other controlled substance, is illegal for use by minors. The Superintendent or designee shall develop a comprehensive prevention program that includes instruction, intervention, recovering student support, and enforcement/discipline. The Superintendent or designee shall clearly communicate to students, staff and parents/ guardians all Board policies, regulations, procedures and school rules related to this prevention program. Special efforts shall be made to ensure that these materials are understood by parents/guardians and students of limited literacy or limited English proficiency.
(cf. 5131.61 - Drug Testing Program)
(cf. 5131.62 - Tobacco)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
Recognizing that keeping schools free of alcohol, tobacco and other drugs is a concern common to the district and community, the Board supports cooperation among schools, parents/guardians, law enforcement and other appropriate community organizations involved in preventing alcohol and other drug abuse.
To obtain the widest possible input and support for district policies and programs, the Board shall appoint a districtwide school community advisory committee to make recommendations related to the prevention of alcohol, tobacco and other drug abuse.
(cf. 1220 - Citizen Advisory Committees)
The Board also encourages the use of site level advisory groups in this area. (Health and Safety Code 11998.1)
Instruction
The district shall provide preventative instruction which helps students to avoid the use of alcohol, tobacco or other drugs and teaches students how to influence their peers to avoid and/or discontinue the use of alcohol, tobacco or other drugs. Instruction shall be designed to answer students' questions related to alcohol, tobacco and other drugs.
The instructional programs will 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.
The curriculum will be 9-12, comprehensive and sequential in nature and suited to meet the needs of students at their respective grade levels.
The Board encourages staff to display attitudes which make them positive role models for students with regard to alcohol and other drugs. Staff should help students see themselves as responsible partners in efforts to maintain a safe, constructive school climate.
All instruction and related materials shall stress the concept of "no unlawful use" of alcohol, tobacco or other drugs and shall not include the concept of "responsible use" when such use is illegal.
(cf. 6142.2 - AIDS Instruction)
(cf. 6143 - Courses of Study)
Intervention
The Board recognizes that there are students on our campuses who use alcohol, tobacco and other drugs and can benefit from intervention. The Board supports intervention programs that include the involvement of students, parents/guardians and community agencies/organizations.
The Board finds it essential that school personnel be trained to identify symptoms which may indicate use of alcohol, tobacco and other drugs. The responsibilities of staff in working with, intervening, and reporting students suspected of alcohol, tobacco and other drug use shall be clearly defined in administrative regulations.
Students and parents/guardians shall be informed about the signs of alcohol, tobacco and other drug use and about appropriate agencies offering counseling.
Enforcement/Discipline
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 wellbeing of students.
A student who is apprehended on school premises by either school authorities or police authorities for the unlawful possession of, use of, or for being under the influence of any dangerous drug, narcotic, or any other controlled substance, or any alcoholic beverage or other intoxicant of any kind, shall be disciplined in accordance with Board Policy.
Students possessing, using or selling alcohol or other drugs or related paraphernalia shall be subject to disciplinary procedures including suspension or expulsion and/or referral to law enforcement in accordance with law, Board policy and administrative regulation. In addition, such students may be referred to an appropriate counseling program, transferred to an alternative placement, and/or be restricted from extracurricular activities, including athletics.
When available, first time offenders will be offered a five day district sponsored drug education program in lieu of the five day suspension. If the student does not complete the program, the suspension will be enforced and the student must complete an appropriate drug or alcohol program approved by the district.
The parent or legal guardian of a student found in violation of the above policy shall be requested to confer immediately with the school official who suspended the student, and the student and parent or legal guardian shall mutually agree to the participation of the student in an appropriate drug or alcohol abuse education program acceptable to the district. In the event that the student and/or the parent or legal guardian do not agree to the participation of the student in an appropriate drug or alcohol abuse rehabilitation program acceptable to the district, the student shall be suspended for a tobacco offense and/or recommended to the Board for expulsion for alcohol or other drug offenses in accordance with usual procedures.
Students not completing the drug/alcohol education program are subject to further discipline which may include an involuntary transfer to an alternative site.
A student who is apprehended on school premises by either school authorities or police authorities for the unlawful offering of, arranging for, or negotiating to sell any controlled substance, any alcoholic beverage, or other intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material, and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant shall be suspended in accordance with Board policy and recommended to the Board for expulsion.
(cf. 5144.1 - Suspension and Expulsion/Due Process)
School authorities may search students and school properties for the possession of alcohol, tobacco and other drugs as long as such searches are conducted in accordance with law, Board policy and administrative regulations.
(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
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 HIGH SCHOOL DISTRICT
adopted: August 6, 2013 Escondido, California