Page 1 FAYETTE COUNTY BOARD OF EDUCATION Fayetteville, West Virginia Board Policy: SUBSTANCE ABUSE AND TOBACCO CONTROL Adopted: May 5, 2008 June 18, 2012 November 2, 2015 1. PURPOSE. The purpose of this policy is to provide preventive and protective measures for addressing substance abuse and prohibiting the use or distribution of alcohol, tobacco and other drugs within school settings and activities. This policy is intended to promulgate a positive, pro-active approach to the control of alcohol, tobacco and other drugs. 2. APPLICATION. 2.1. This policy applies to any person present in or upon any property owned, leased or operated by the West Virginia Department of Education (WVDE), West Virginia Board of Education (WVBE), a county board of education or a Regional Education Service Agency (RESA); any person present at any education-sponsored event; any person present at any school- sponsored activity or event, whether the activity is held on school grounds, in a building or other property used or operated by a county board of education, the WVDE or in any other facility or upon any other property being used by any of these agencies. 2.2. No person shall at any time possess, distribute or use any alcohol product, tobacco product or illegal substance in an area(s) defined in Section 2.1 of this policy. In addition, students shall not possess at any time any tobacco product in areas or situations defined in the application of this policy or at any school- or county-sponsored event or school-related event. No person shall, at any time, possess drug paraphernalia, as defined in Section 3.5 of this policy, in any area defined in Section 2.1 of this policy. 2.3. Individuals supervising students off school grounds are prohibited from distributing or using any alcohol, tobacco or illegal substances in the presence of students and/or at any time while engaging in activities directly involving students. 2.4. The use, possession, sale or state of being under the influence of beer, alcoholic beverages, or any controlled substance as defined in W. Va. Code is prohibited without exception at all times on school property and at all school functions, regardless of location.
Page 2 2.5. No student shall place, keep or conceal in any school locker or on school property beer or alcoholic beverages of any kind, tobacco product or controlled substance as defined in W. Va. Code 60-1-5 and 60A-1-101. 2.6. In accordance with W. Va. Code 60A-4-401, it is unlawful for any person knowingly or intentionally to create, distribute or deliver, and/or possess with intent to distribute or deliver an imitation controlled substance. A violation of this section is a misdemeanor and, upon conviction, an individual may be imprisoned in the county jail for not less than six months. 2.7. No school or board of education property, as defined in Section 2.1 of this policy, or school, county, RESA or state publication may be used for the advertisement of any alcohol, tobacco or illegal substance. 2.8. Groups using areas described in Section 2.1 of this policy shall sign agreements with the county board of education agreeing to comply with this policy and to inform students, parents and spectators by public address systems that this policy remains in force on evenings, weekends and any other time that school is not in session. A summary of this policy shall be attached to all requests for use of school facilities. 3. DEFINITIONS. 3.1. Alcohol. Any substance containing an intoxicating element. 3.2. Distribution. The sale, giving, transfer, delivery, trade or exchange in any manner of any illegal substance. 3.3. Drug. Any substance that acts on the central nervous system to alter behavior(s) and/or thought processes. 3.4. Illegal Substance. Any substance which is not legally obtained and/or any drug being used by a person other than the person for whom it was prescribed and/or for a purpose contrary to which the drug was intended for medical therapy and/or against the recommendation(s) of the manufacturer. Such substances include but are not limited to the use of substances such as alcohol, tobacco, inhalants, marijuana, cocaine, LSC, PCP, amphetamines, heroin, steroids, look- alikes and/or any other of those substances commonly referred to as designed drugs. 3.5. Paraphernalia. Drug paraphernalia as defined in W. Va. Code 47-19-3 and/or any item, thing or device used for the facilitation or administration of tobacco products or other illegal substances. 3.6. Possession. The presence of illegal substances or paraphernalia, in any amount, on the person or body, or under the general direction or control, of an individual found in or upon the premises of any facility as defined in the application of this policy. Possession shall include, but
Page 3 is not limited to, presence of illegal substances or paraphernalia in a school locker or backpack or in or on any other item owned or under the general direction or control of any individual found in or upon the premises as defined in the application of this policy. 3.7. Public. Any individual accessing school property or programs for business, activities, conferences, visitation or other activities as defined in the application of this policy. 3.8. School. Any building, ground(s) or other property including automobiles or other vehicles owned or operated by a county board of education, RESA, WVDE or WVBE. 3.9. Student. Anyone who is enrolled in public school or in an educational program on board of education property. 3.10. Tobacco/Tobacco Product. Any item containing the leaves of cultivated tobacco plants, in any form or amount, dried and processed. Products include, but are not limited to, cigarettes, cigars, snuff, spit tobacco, smokeless tobacco or pipe tobacco and/or any electronic, vapor, or other substitute form of cigarettes, clove cigarettes and any other smoking devices for burning tobacco or any other substances. 3.11. Use. Ingestion, injection, absorption or inhalation of an illegal substance or being under the influence of said substance. 3.12. Use of Tobacco/Use of Tobacco Product. To chew or maintain any substance containing tobacco, including smokeless tobacco, in the mouth to derive the effects of tobacco, as well as all uses of tobacco, including a cigar, cigarette, pipe, snuff, chewing or any other matter or substances that contain tobacco and/or smoking of electronic, vapor, or other substitute forms of cigarettes, clove cigarettes and any other lighted smoking devices for burning tobacco or any other substances. 4. CORRECTIVE ACTION - STUDENT. This policy functions in conjunction with Fayette County Board of Education (FCBOE) Policy E- 2: Expected Behavior in Safe and Supportive Schools. Any student violating the foregoing shall be subject to the following disciplinary actions. 4.1. Level III Violations (Tobacco) of FCBOE Policy E-2. In accordance with WVBE Policy 4373, a student will not unlawfully possess, use or be under the influence of any substance containing tobacco and/or nicotine or any paraphernalia intended for the manufacture, sale and/or use of tobacco/nicotine products in any building/area under the control of a county school system, including all activities or events sponsored by the county school district.
Page 4 4.2. School Responses to Level III Violations (Tobacco) of FCBOE Policy E-2. A student who violates this policy related to the possession, use or distribution of tobacco products shall be subject to the following penalties. 4.2.1. First Offense. (a) contact parent or legal guardian (b) provide educational information on tobacco (c) option: school service or community assignment; or one day of voluntary Saturday School; or two days of After-School Detention 4.2.2. Second Offense. (a) contact parent or legal guardian (b) referral to education program on tobacco at expense of parent/legal guardian (if available) (c) ) insubordinate violation of FCBOE Policy E-2 and placed on appropriate step of the policy 4.2.3. Repeated Offenses. (a) contact parent or legal guardian (b) insubordinate violation of FCBOE Policy E-2 with continual placement on appropriate step of the policy (c) Police Notification/Prosecution. After a student has prior violations in the same school year or refuses to participate in cessation education and/or community service assignments, the school may choose to notify police and have a warrant issued (fine) and refer students to magistrate court for violations (d) possible expulsion with continuous violations 4.3. Level III Violations (Imitation Drugs, Inhalant Abuse) of FCBOE Policy E-2. Imminently Dangerous, Illegal and/or Aggressive Behaviors are willfully committed and are known to be illegal and/or harmful to people and/or property. The principal shall address these inappropriate behaviors in accordance with W. Va. Code 18A-5-1a, subsections (b) through (h). 4.3.1. Imitation Drugs: Possession, Use, Distribution or Sale. A student will not possess, use, distribute or sell any substance that is expressly represented or
Page 5 implied to be a controlled substance or simulate the effect and/or the appearance (color, shape, size and markings) of a controlled substance. 4.3.2. Inhalant Abuse. A student will not deliberately inhale or sniff common products found in homes, schools and communities with the purpose of getting high. The action may be referred to as huffing, sniffing, dusting and/or bagging. 4.4. School Responses to Level III Violations (Imitation Drugs*, Inhalant Abuse) of FCBOE Policy E-2. The school may respond to any Level III violation with any one, or a combination of the following actions, but is in no way limited in its response to these actions. 4.4.1. Any Level I or Level II response as delineated in FCBOE Policy E-2. 4.4.2. Out-of-school suspension for up to 10 days. School administrators are empowered to deny a student access to school grounds and/or school-sponsored activities for a period of up to 10 days. A student and his/her parent(s) or guardian(s) shall be notified of the decision to deny the student access to school grounds and/or schoolsponsored activities for a period of up to 10 days within a reasonable time under the circumstances after the decision has been made. A decision to deny a student access to school grounds and/or school-sponsored activities for a period of up to 10 days will not be rescinded because reasonable efforts to notify the student and his/her parent(s) or guardian(s) have failed. 4.4.3 Agency notification, such as Department of Health and Human Resources or appropriate law enforcement agency. 4.4.4. The principal and/or superintendent may recommend placement in an Alternative Education program. 4.4.5. Expulsion. 4.4.6. * The selection of appropriate interventions and consequences for substance abuse must be considered very carefully depending upon the severity of the behavior and potential safety concern for others in the school. The first action must be to conference with the parent/guardian and appropriate law enforcement representatives in an effort to direct the student to appropriate addiction services. Referral to tobacco cessation services/treatment and substance abuse treatment services shall be a priority intervention strategy for these behaviors. 4.5. Level IV Violations of FCBOE Policy E-2. Safe Schools Act Behaviors are consistent with those addressed in W. Va. Code 18A-5-1a (a) and (b). The following behavior definitions are aligned with W. Va. Code 61-6-17, 61-6-24 and 18A-5-1 and in the Gun Free Schools Act
Page 6 of 1994. These laws require that the principal, superintendent and county board of education address Level IV behaviors in a specific manner as outlined in W. Va. Code 18A-5-1a. 4.5.1. Illegal Substance Related Behaviors. A student will not unlawfully possess, use, be under the influence of, distribute or sell any substance containing alcohol, overthe-counter drugs, prescription drugs, marijuana, *narcotics, any other substance included in the Uniform Controlled Substances Act as described in W. Va. Code 60A-1-101, et seq. or any paraphernalia intended for the manufacture, sale and/or use of illegal substances in any building/area under the control of a county school system, including all activities or events sponsored by the county school district. This includes violations of WVBE Policy 2422.8: Medication Administration and instances of prescription drug abuse. 4.6. School Responses to Level IV Violations of FCBOE Policy E-2. Level IV violations in this policy are those violations addressed in W. Va. Code 18A-5-1a that require the mandatory suspension of the student by the principal from school, or from transportation to or from school on any school bus or other vehicle used for a school-sponsored event, after an informal hearing pursuant to subsection (d) of W. Va. Code 18A-5-1a. 4.6.1. Pursuant to W. Va. Code 18A-5-la(b), a principal shall suspend a student for committing an act or engaging in conduct that would constitute felony under the laws of this state if committed by an adult; or unlawfully possessing on the premises of an educational facility or at a school-sponsored event a controlled substance governed by the Uniform Controlled Substances Act as described in W. Va. Code 60A-1-101 et seq. The principal may request that the superintendent recommend to the FCBOE that the student be expelled. 4.6.2. If the FCBOE finds that the student committing an act or engaging in conduct that would constitute felony under the laws of this state if committed by an adult; or unlawfully possessing on the premises of an educational facility or at a schoolsponsored function a controlled substance governed by the Uniform Controlled Substances Act as described in W. Va. Code 60A-1-101, et seq., the student may be expelled pursuant to W. Va. Code 18A-5-1a for a period not to exceed one school year. 4.6.3. *A principal shall suspend a student for sale of a narcotic drug pursuant to W. Va. Code 18A-5-1a. The principal shall, within 24 hours, request that the county superintendent recommend to the FCBOE that the student be expelled. 4.6.4. *Upon such request of the superintendent by a principal, the county superintendent shall recommend to the FCBOE that the student be expelled.
Page 7 4.6.5. *Upon such recommendation to the county board by the superintendent, the FCBOE shall conduct a hearing in accordance with W. Va. Code 18A-5-la subsections (e), (f), and (g), to determine if the student committed the alleged violation. If the FCBOE finds that the student sold a narcotic drug pursuant to W. Va. Code 18A-5-la, the FCBOE shall expel the student for a period of not less than twelve (12) consecutive months, provided that the county superintendent may lessen the mandatory period of expulsion if the circumstances of the student s case demonstrably warrant such a reduction following the guidelines provided in W. Va. Code 18A-5-la(i). 4.6.6. A county board of education that expels a student may attempt to establish the student as a dangerous student as defined in W. Va. Code 18A-1-1(j) at a hearing to determine the expulsion of the student. In a notice to the parent/guardian, the FCBOE shall state clearly whether the FCBOE will attempt to establish the student as a dangerous student and will include any evidence to support its claim in this notice of the hearing date and time. 4.6.7. W. Va. Code 18A-1-1(j) defines a dangerous student as a student who is substantially likely to cause serious bodily injury to himself, herself, or another individual within that student s educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the student, and documented in writing by the school, with the documentation provided to the student and parent/guardian at the time of any offense. (See WVBE Policy 2418: Alternative Education Programs for Disruptive Students.) 4.6.8. A county board that expels a student, and finds that the student is a dangerous student, may refuse to provide alternative education pursuant to the conditions outlined in W. Va. Code 18A-5-1a. A hearing shall be conducted within three months of each refusal of the FCBOE to provide alternative education to any student expelled, found to be a dangerous student and denied alternative education to reexamine whether or not the student remains a dangerous student and whether the student shall be provided alternative education. 4.6.9. Nothing in this policy may be construed to be in conflict with the federal provisions of the Individuals with Disabilities Education Act, IDEA Amendments of 1997 (Public Law 105-17), or with WVBE 2419: Regulations for the Education of Exceptional Students. 4.6. Substance Abuse Program. In conjunction with FCBOE Policy E-2, it shall be mandatory for the student and his/her parent(s)/guardian(s) to participate in a substance abuse program as outlined in the Fayette County School Substance Abuse Corrective Action Plan. Any
Page 8 expenses incurred and/or required by this plan will be the responsibility of the parent(s)/guardian(s). 5. CORRECTIVE ACTION - STAFF. 5.1. Staff who violate this policy are subject to the following penalties. 5.1.1. First Offense. (a) Conference with supervisor; (b) Written reprimand; and/or (c) Provision of information regarding the addiction process and cessation options (if available). 5.1.2. Second Offense. Attendance at education session on tobacco at own expense; or violation will be considered insubordination and subject to disciplinary action 5.1.3. Third Offense. Referral to the FCBOE for disciplinary action. 5.1.4. All employee violations of this policy will be considered insubordination and subject to disciplinary action. 6. CORRECTIVE ACTION PUBLIC. 6.1. The public who violate this policy will be subject to the following penalties. 6.1.1. Request of individual to stop and refer to this policy. 6.1.2. If the individual refuses to stop, the individual will be asked to leave the site of the school function and refer to this policy. 6.1.3. If the individual refuses to leave the site of the school function or is a repeat violator of this policy, the individual will be referred to the local authorities and subject to a fine. 7. IMPLEMENTATION.
Page 9 7.1. It is the responsibility of the county and/or school administration to implement provisions of this policy, specifically those related to education, communication and enforcement. 7.2. It is the responsibility of the county and/or school administrator to develop clear procedures for identification, intervention, and referral of students with substance abuse problems. These procedures must be included in the student and staff handbooks. 7.3. It is the responsibility of each administrator to maintain an environment for students, staff and visitors that presents no physical harm, discomfort or unsanitary condition resulting from use or abuse of ATOD. 7.4. The FCBOE shall provide uniform and coordinated communication efforts for school, staff and the public whenever county-wide activities or programs are offered. On-going communications shall be a vital part of this policy including communicating this policy to students, school staff, parents or families, visitors and the community-at-large through staff development, employee and student handbooks, parent/guardian notification, general public notification (e.g., signs, announcements), and attaching a summary of this policy to all requests for facility use. 7.5. The required health course of study, as identified in WVBE Policy 2520.5, shall be coordinated with Safe and Drug Free School activities and programs in order to provide a comprehensive PreK-12 alcohol, tobacco and other drug prevention curriculum for all students in Fayette County. School administration, Local School Improvement Councils and School Curriculum Teams shall assure that prevention education efforts are coordinated and ageappropriate. 7.6. In regard to support programs, county administrators may: (a) provide or refer any students or staff to voluntary support programs (such as a local mental health provider, tobacco cessation programs, or hotline programs) that address the physical, psychological and social issues associated with addiction and provide ongoing support and reinforcement necessary for desired behavior change; and (b) provide information on a regular basis about available programs to all students in grades 4-12 and staff. 7.7. In taking action against a student for violation of this policy, the county and/or school administration shall follow appropriate due process procedures, assuring compliance with federal law and WVBE Policy 2419: Regulations for the Education of Students with Exceptionalities.
Page 10 8. SEVERABILITY. If any provision of this policy or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.