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Littleton Public Schools Policy |
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Policy Code JICH Policy Name Drug and Alcohol Use by Students Adoption June 6, 1989 Revised June 23, 2011 |
Littleton Public Schools shall promote a healthy and safe environment for students by providing education, support, and decision-making skills in regard to alcohol, drugs, and other controlled substances and their abuse. The schools, parents, and the community and its agencies must work cooperatively to accomplish this goal.
It shall be a violation of Board policy and considered to be behavior that is detrimental to the welfare and safety of other students or school personnel for any student to possess, use, sell, distribute or procure alcohol, drugs, other controlled substances, or drug paraphernalia or to be under the influence of alcohol, drugs, or other controlled substances (see “When and Where Policy Applies” section). The unlawful possession (either “actual” or “constructive”) or use of alcohol or controlled substances is wrong and harmful to students. Students violating this policy shall be subject to disciplinary action.
The Board of Education, in recognition that drug and alcohol abuse is a community problem, shall cooperate actively with law enforcement, social services, or other agencies and organizations, parents, and any other recognized community resources committed to reducing the incidence of illegal use of drugs and alcohol by school-aged youth. The District will take disciplinary action that may include suspension or expulsion from school and may include referral to law enforcement for criminal prosecution.
“To possess” or “to be in possession” means either:
1. Actual Possession: To have actual possession or control of alcohol, drugs, other controlled substances and/or drug paraphernalia on one’s person, or in one’s personal property, automobile, or other vehicle while on or near school property, in attendance at school, in a school vehicle, or taking part in or attending any school-sponsored or school-sanctioned activity, or in one’s locker, desk or other school-provided storage area or off campus where sufficient nexus exists as described below in “When and Where Policy Applies” section (“actual possession”); or,
2. Constructive Possession: Even though not in actual possession, when the student knowingly associates with other person(s) while they are unlawfully or illegally using or possessing alcohol, drugs, or other controlled substances, or in possession of paraphernalia, while on school property, in attendance at school, in a school vehicle, or taking part in or attending any school-sponsored or school-sanctioned activity, and continues to remain with the person(s) after having a sufficient time to leave (“constructive possession”).
“Being under the influence” means when a student’s comportment, behavior, condition, speech, or appearance is affected by or evinces prior use of alcohol, drugs, or other controlled substances.
“Controlled substances” include, but are not limited to, narcotic drugs, hallucinogenic or mind-altering drugs or substances, amphetamines, barbiturates, stimulants, depressants, marijuana, anabolic steroids, any other controlled substances as defined in law, or any prescription or nonprescription drug, medicine, vitamin, or other chemical substances not taken in accordance with Board policy and regulations on administering medicines to students. This definition also includes substances that are represented by or to the student to be any such controlled substance or what the student believes to be any such substance.
“Distribution” means to sell, buy, procure, distribute, give, exchange, or receive alcohol, drugs, or other controlled substances, or drug paraphernalia.
“Drug paraphernalia” shall mean any machine, instrument, tool, equipment, or device which is primarily designed and intended for one or more of the following:
to introduce into the human body any controlled substance under circumstances in violation of the laws of this state,
to enhance the effect on the human body of any controlled substance under circumstances in violation of the laws of this state,
to conceal any quantity of any controlled substance under circumstances in violation of the laws of this state,
to test the strength, effectiveness, or purity of any controlled substance under circumstances in violation of the laws of this state.
An “offense” is a violation of this policy.
“Use” means to eat, drink, swallow, consume, ingest, smoke, inhale, inject, or otherwise partake of alcohol, drugs, or other controlled substances.
This policy shall apply to any student who is on school property, in attendance at school, in a school vehicle or being transported in a vehicle dispatched by the District or one of its schools, or taking part in or attending any school-sponsored or school-sanctioned activity. Disciplinary action may be taken in other cases involving student use, distribution, or actual possession of alcohol, drugs, or controlled substances off campus when such conduct has a sufficient nexus with any school or school-sponsored or school-sanctioned activity or event. An example can include the student using, distributing, or actually possessing alcohol, drugs, or controlled substances and then shortly thereafter coming onto school property and/or taking part in or attending any school-sponsored or school-sanctioned activity.
Students who use or possess alcohol, drugs, other controlled substances or drug paraphernalia or are under the influence of alcohol, drugs, or other controlled substances in violation of Policy JICH will be disciplined in the following manner:
First Offense—The student will be suspended for five school days, with a request by the principal to the Superintendent or designee to extend the suspension an additional five days. In situations involving particularly pernicious, harmful, or addictive illegal drugs such as cocaine, heroin, or ecstasy, the principal may recommend expulsion.
Alternatives—The suspension period may be reduced to three school days provided the student agrees to complete an appropriate alcohol and drug education/treatment/counseling program, mutually agreed to by the parent, guardian, or legal custodian and the school administrator. The responsibility for initiating and completing the program rests with the student and his/her parent, guardian, or legal custodian. Any costs associated with such program shall be borne by the student/parent, guardian, or legal custodian. Failure to provide documentation of completion of the program within the prescribed time limits will result in the imposition of the additional seven (7) days of suspension.
Readmittance Conference—At the readmittance conference, the appropriate school administrator will provide the student and parent, guardian, or legal custodian with information concerning voluntary alcohol and drug treatment/counseling programs and will outline, with the assistance of the student and parent, guardian, or legal custodian, the responsibilities of the student, the parent, guardian, or legal custodian, and the school to prevent further offenses.
Second Offense—The appropriate school administrator will recommend to the Superintendent expulsion of the student for up to one calendar year for a second offense and all subsequent offenses within any three-year period.
Students who sell, buy, procure, distribute, give, exchange, or receive alcohol, drugs, other controlled substances, or drug paraphernalia in violation of Policy JICH will be expelled; provided that the purchase or exchange of over-the-counter drugs may be limited to a suspension in appropriate circumstances at the discretion of the principal.
District employees applying this policy shall comply with due process and state law by following the procedures for suspension or expulsion in Policy JKD/JKE and regulation JKD/JKE-R. A student may be charged with only one offense at a time, based on whichever rule results in the most severe penalties.
Cases in which students seek counseling or information from a professional District employee for the purpose of overcoming substance abuse shall be handled individually, depending on the nature and particulars of the case. When appropriate, parents, guardians, or legal custodians shall be involved, and every effort made to direct the student to sources of assistance.
Whenever possible in dealing with student problems associated with drug and alcohol abuse, school personnel shall provide parents, guardians, or legal custodians and students with information concerning available education and rehabilitation programs. Information provided to students and/or parents, guardians, or legal custodians about community programs and resources shall be accompanied by a disclaimer to clarify that the District assumes no financial responsibility for the expense of drug or alcohol assessment or treatment provided by other agencies or groups, unless otherwise required.
The District shall annually provide all students and parents, guardians, or legal custodians with a copy of this policy. In addition to providing the Student Code of Conduct on an annual basis, schools will provide further notice and information in a manner that the school determines is appropriate to assist students and parents, guardians, or legal custodians in understanding this policy and consequences.
The Board of Education shall conduct a biennial review of its drug prevention program to determine its effectiveness, to implement any required changes, and to ensure that the disciplinary actions required are consistently enforced.
Records
The administration of each school building will maintain records of alcohol/drug offenses, noting date, type of offense, and disciplinary action taken. Such records shall be forwarded to the appropriate administrator at the next school the student attends in the District.
Legal Reference: 20 U.S.C. 3221
20 U.S.C. 7101 (Drug-Free Schools and Communities Act)
C.R.S. 18-18-102 (3),(5)
C.R.S. 18-18- 407 (2)
C.R.S. 22-1- 110
C.R.S. 22-32-109.1 (2)(a)(VII)
C.R.S. 22-33-106 (1)(d)
Cross Reference: IHAMA, Teaching About Drugs, Alcohol, and Tobacco
JIH, Student Interrogations and Searches
JLCD, Administering Medications to Students
JKD/JKE, Suspension/Expulsion of Students