DRUG/ALCOHOL AND WEAPONS POLICY

Title: Weapons

Number: 218.1

Status: Active

Legal:

1. 24 P.S. 1301-A

2. 24 P.S. 1317.23. Pol. 218
4. Pol. 233
5. 22 PA Code 10.23
6. 20 U.S.C. 1400 et seq
7. Pol. 103.1
8. Pol. 113.1
9. Pol. 113.2
10. Pol. 805.1
11. 24 P.S. 1302.1-A
12. Pol. 805
13. 24 P.S. 1303-A
14. 22 PA Code 10.2
15. 22 PA Code 10.21
16. 22 PA Code 10.25
17. 18 U.S.C. 92118. 18 U.S.C. 922
22 PA Code 403.1
18 Pa. C.S.A. 912
20 U.S.C. 7114
20 U.S.C. 7151
34 CFR Part 300

Adopted: March 10, 2015

PURPOSE

The Board recognizes the importance of a safe school environment relative to the educational process. Possession of weapons in the school setting is a threat to the safety of students and staff and is prohibited by law.

DEFINITIONS

Weapon - the term shall include but not be limited to any knife, razor, cutting instrument, cutting tool, nunchaku, black jack dagger, metal knuckle, firearm, shotgun, rifle, replica of a weapon, and any other tool, instrument or implement capable of inflicting serious bodily injury.[1][2]

Possession - a student is in possession of a weapon when the weapon is found on the person of the student; in the student's locker; and under the student's control while on school property, on property being used by the school, at any school function or activity, at any school event held away from the school, or while the student is coming to or from school.

AUTHORITY

The Board prohibits students from possessing and bringing weapons and replicas of weapons into any school district buildings, onto school property, to any school-sponsored activity, and onto any public vehicle providing transportation to school or a school-sponsored activity or while the student is coming to or from school.[2][3]

The Board shall expel for a period of not less than one (1) year any student who violates this weapons policy. Such expulsion shall be given in conformance with formal due process proceedings required by law and Board policy. The Superintendent may recommend modifications of such expulsion requirement on a case-by-case basis.[2][4]

In the case of a student with a disability, including a student for whom an evaluation is pending, the district shall take all steps required to comply with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.[2][5][6][7][8][9][10]

DELEGATION OF RESPONSIBILITY

The Superintendent or designee shall react promptly to information and knowledge concerning possession of a weapon. Such action shall be in compliance with state law and regulations and with the procedures set forth in the memorandum of understanding with local law enforcement officials and the district’s emergency preparedness plan.[11][12][10]

GUIDELINES

The Superintendent or designee shall immediately report incidents involving weapons on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the local police department that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.[11][13][2][14][15][10]

The Superintendent or designee shall notify the parent/guardian of any student directly involved in an incident involving weapons as a victim or suspect immediately, as soon as practicable. The Superintendent or designee shall inform the parent/guardian whether or not the local police department that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian.[14][16][10]

In accordance with state law, the Superintendent shall annually, by July 31, report all incidents involving possession of a weapon to the Office for Safe Schools on the required form.[13][10]

The building principal shall annually inform staff, students and parents/guardians about the Board policy prohibiting weapons and about their personal responsibility for the health, safety and welfare of the school community.

An exception to this policy may be made by the Superintendent, who shall prescribe special conditions or administrative regulations to be followed.[2]

In accordance with federal law, possession or discharge of a firearm in, on, or within 1,000 feet of school grounds is prohibited. Violations shall be reported to the appropriate law enforcement agency.[17][18]

TRANSFER STUDENTS

When the school district receives a student who transfers from a public or private school during an expulsion period for an offense involving a weapon, the district may assign that student to an alternative assignment or may provide alternative education, provided the assignment does not exceed the expulsion period.[2]


Title: Controlled Substances/Paraphernalia

Number: 227

Status

Active: Legal

1. 35 P.S. 780-102

2. Pol. 210
3. Pol. 210.1
4. 24 P.S. 510
5. 24 P.S. 511
6. 22 PA Code 12.3
7. 22 PA Code 10.23
8. 20 U.S.C. 1400 et seq
9. Pol. 103.1
10. Pol. 113.1
12. Pol. 218
13. Pol. 122
14. Pol. 123
15. 24 P.S. 1302.1-A
17. 42 Pa. C.S.A. 8337
18. Pol. 233
19. 24 P.S. 1303-A
20. 22 PA Code 10.2
21. 22 PA Code 10.21
22. 22 PA Code 10.22
23. Pol. 805.1
24. 22 PA Code 10.25
25. 35 P.S. 807.1
26. 35 P.S. 807.2
27. 21 U.S.C. 812
28. Pol. 113.2
22 PA Code 403.1
35 P.S. 780-101 et seq
35 P.S. 807.1 et seq
20 U.S.C. 7114
20 U.S.C. 7161
21 U.S.C. 801 et seq
34 CFR Part 300
Pol. 000
Pol. 805

Adopted: March 10, 2015

PURPOSE

The Board recognizes that the abuse of controlled substances is a serious problem with legal, physical and social implications for the whole school community. As an educational institution, the schools shall strive to prevent abuse of controlled substances.

DEFINITIONS

For purposes of this policy, controlled substances shall include all:[1][27]

  1. Controlled substances prohibited by federal and state laws.

  2. Look-alike drugs.

  3. Alcoholic beverages.

  4. Anabolic steroids.

  5. Drug paraphernalia.

  6. Any volatile solvents or inhalants, such as but not limited to glue and aerosol products.

  7. Substances that when ingested cause a physiological effect that is similar to the effect of a controlled substance as defined by state or federal laws.

  8. Prescription or nonprescription (over-the-counter) medications, except those for which permission for use in school has been granted pursuant to Board policy.[2][3]

For purposes of this policy, under the influence shall include any consumption or ingestion of controlled substances by a student.

For purposes of this policy, look-alike drug shall include any pill, capsule, tablet, powder, plant matter or other item or substance that is designed or intended to resemble a controlled substance prohibited by this policy, or is used in a manner likely to induce others to believe the material is a controlled substance.

AUTHORITY

The Board prohibits students from using, possessing, distributing, and being under the influence of any controlled substances during school hours, at any time while on school property, at any school-sponsored activity, and during the time spent traveling to and from school and to and from school-sponsored activities.[4][5][6]

The Board may require participation in drug counseling, rehabilitation, testing or other programs as a condition of reinstatement into the school's educational, extracurricular or athletic programs resulting from violations of this policy.

In the case of a student with a disability, including a student for whom an evaluation is pending, the district shall take all steps required to comply with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.[7][8][9][10][28][23]

OFF-CAMPUS ACTIVITIES

This policy shall also apply to student conduct that occurs off school property and would otherwise violate the Code of Student Conduct if any of the following circumstances exist:[12]

  1. The conduct occurs during the time the student is traveling to and from school or traveling to and from school-sponsored activities, whether or not via school district furnished transportation.

  2. The student is a member of an extracurricular activity and has been notified that particular off-campus conduct could result in exclusion from such activities.[13][14]

  3. Student expression or conduct materially and substantially disrupts the operations of the school, or the administration reasonably anticipates that the expression or conduct is likely to materially and substantially disrupt the operations of the school.

  4. The conduct has a direct nexus to attendance at school or a school-sponsored activity, for example, a transaction conducted outside of school pursuant to an agreement made in school, that would violate the Code of Student Conduct if conducted in school.

  5. The conduct involves the theft or vandalism of school property.

  6. There is otherwise a nexus between the proximity or timing of the conduct in relation to the student's attendance at school or school-sponsored activities.

DELEGATION OF RESPONSIBILITY

The Superintendent or designee shall develop administrative regulations to identify and control substance abuse in the schools which:

  1. Establish procedures to appropriately manage situations involving students suspected of using, possessing, being under the influence, or distributing controlled substances.[15][19][17]

  2. Disseminate to students, parents/guardians and staff the Board policy and administrative regulations governing student use of controlled substances.

  3. Provide education concerning the dangers of abusing controlled substances.

  4. Establish procedures for education and readmission to school of students convicted of offenses involving controlled substances.

GUIDELINES

Violations of this policy may result in disciplinary action up to and including expulsion and referral for prosecution.[12][18]

The Superintendent or designee shall immediately report required incidents and may report discretionary incidents involving possession, use or sale of controlled substances on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity to the local police department that has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set forth in the memorandum of understanding with local law enforcement and Board policies.[15][19][20][21][22][23]

The Superintendent or designee shall notify the parent/guardian of any student directly involved in an incident involving possession, use or sale of controlled substances as a victim or suspect immediately, as soon as practicable. The Superintendent or designee shall inform the parent/guardian whether or not the local police department that has jurisdiction over the school property has been or may be notified of the incident. The Superintendent or designee shall document attempts made to reach the parent/guardian.[20][24][23]

In accordance with state law, the Superintendent shall annually, by July 31, report all incidents of possession, use or sale of controlled substances to the Office for Safe Schools.[19][23]

In all cases involving students and controlled substances, the need to protect the school community from undue harm and exposure to drugs shall be recognized.

No student may be admitted to a program that seeks to identify and rehabilitate the potential abuser without the intelligent, voluntary and aware consent of the student and parent/guardian.

ANABOLIC STEROIDS

The Board prohibits the use of anabolic steroids by students involved in school-related athletics, except for a valid medical purpose. Body building and muscle enhancement, increasing muscle bulk or strength, or the enhancement of athletic ability are not valid medical purposes. Human Growth Hormone (HGH) shall not be included as an anabolic steroid.[25]

Students shall be made aware of the dangers of steroid use; that anabolic steroids are classified as controlled substances; and that their use, unauthorized possession, purchase, or sale could subject students to suspension, expulsion and/or criminal prosecution.[26][18]

REASONABLE SUSPICION/TESTING

If based on the student's behavior, medical symptoms, vital signs or other observable factors, the building principal has reasonable suspicion that the student is under the influence of a controlled substance, the student may be required to submit to drug or alcohol testing. The testing may include but is not limited to the analysis of blood, urine, saliva, or the administration of a Breathalyzer test.