topleft CSBA.org >  Services >  Governance Technology > 

Vista USD |  BP  5131.6  Students

Alcohol And Other Drugs   

arrow Previous bar Next arrow

The Board of Trustees finds that the possession, use, sale or furnishing of controlled substances, alcoholic beverages or intoxicants of any kind by any student which is related to school activity or attendance poses a clear and serious danger.

Pursuant to Education Code 48900, the following conduct is strictly prohibited for any student:

1. Unlawfully possess, use, sell, or otherwise furnish, or be under the influence of, any controlled substance (listed in Health and Safety Code 11053 et seq.), and alcoholic beverage, or an intoxicant of any kind.

2. Unlawfully offer, arrange, or negotiate to sell any controlled substance intoxicant (listed in Health and Safety Code 11053 et seq.), an alcoholic beverage, or an intoxicant of any kind, and then either sell, deliver, or otherwise furnish to any person another liquid, substance, or material and represent the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.

Such conduct by any student is strictly prohibited when it is related to school activity or attendance which occurs at any time, including, but not limited to, any of the following:

1. While on school grounds.

2. While going to or coming from school.

3. During the lunch period, whether on or off the campus.

4. During, or while going or coming from, a school sponsored activity.

Compliance with Board Policy 5141.21 covering prescription medication is not prohibited by this Board Policy.

The Board of Trustees hereby directs the principal or designee to immediately suspend for five consecutive days and recommend expulsion for a student for the first and every offense if it is determined that the student unlawfully sold a controlled substance (listed in Health and Safety Code 11053 et seq.) at a school activity off school grounds.

The Board of Trustees may, at its discretion, change or modify to lesser or stricter degree the recommendation of the Administrative Hearing Panel.

The Board of Trustees may require completion of an off-campus drug diversion program as a condition of readmission due to an expulsion.

The Board of Trustees hereby directs the principal or designee to immediately suspend for five consecutive days and recommend expulsion for a student for the first and every offense if it is determined that the student violated any other strict prohibition against drugs or alcohol not referenced above. The principal or designee shall recommend expulsion unless the principal or designee finds, that expulsion is inappropriate, due to the particular circumstance. The principal or designee shall recommend expulsion only if either (1) other means of correction are not feasible or have repeatedly failed to bring about proper conduct; or (2) due to the nature of the act, the presence of student causes a continuing danger to the physical safety of the student or others.

The Board may, at its discretion, change or modify to lesser or stricter degree the recommendation of the Administrative Hearing Panel.

The Board may require completion of an off-campus drug diversion program as a condition of readmission due to an expulsion.

The Board directs that students, upon admission and regularly thereafter, will be informed about the strict prohibition against drugs and alcohol, and that their unlawful possession, use or sale is wrong and harmful.

The Board directs that students will regularly be informed on how to comply with the strict prohibition against drugs and alcohol, and what district and community services are available to assist students and their parents or legal guardians in order to achieve compliance.

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 VISTA UNIFIED SCHOOL DISTRICT

adopted: December 9, 2010 Vista, California