File JICH-R: Procedures for Implementation of Student Substance Use Policy

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PROCEDURES FOR IMPLEMENTATION OF
STUDENT SUBSTANCE USE POLICY

Enforcement of the Student Substance Use Policy is meant to emphasize compliance with the law at the same time providing positive support for students struggling with substance use. 

I. ENFORCEMENT
In order to enforce M.S.A.D. No. 75’s Student Substance Use Policy, the following guidelines shall be utilized by the Principal, or principal’s designee, where prohibited conduct occurs.  The Principal, or principal’s designee, shall report any violations of this policy/procedure, as promptly as practicable, to the Superintendent.

A.        Student Violations ELEMENTARY School (Grades PK-5)
At the elementary level, if a student is found in violation of Policy JICH, the administrator will confiscate the material and investigate the situation.  The parent/legal guardian will be contacted.  Any consequences, referrals, and supportive education will be tailored to the developmental level of the child.

B.        Student Incident MIDDLE / HIGH School Level

  1. Investigate to determine if student has been using and/or is in possession of prohibited items.  The investigation may include a search and confiscation of prohibited items (see policy JFG).
    ●HIGH SCHOOL Only:  If breathalyzer is used, see Section C.

  2.  Parent/legal guardians will be contacted regarding violation of policy JICH.

  3. At the Middle School Level, will issue a suspension or other consequences at the discretion of the administrator.  At the High School Level, consequences will be as outlined in the school handbook.

  4. May use restorative justice practices if appropriate.  Voluntary agreement may reduce consequences.

  5. May include a prevention or intervention component.  Voluntary agreement to participate may reduce consequences. 

  6. Will notify the Superintendent, and consult with law enforcement.

  7. Possible referral to the Superintendent for a Pre-expulsion Hearing depending on situation.

  8. If student is participating in any extracurricular activity, the student must meet with the Advisor/Coach or administrator.  HIGH SCHOOL Only: The student must meet with the Athletic Director who will enforce the Mt. Ararat Substance Use Procedures for Athletics.

  9. Student must meet with an administrator or designee before being readmitted to school after a suspension.

C. Administration of Mt. Ararat High School Breathalyzer Procedure
1.  Student suspected to be under the influence of alcohol will meet with a building administrator.
2.  A building administrator will talk to the student and determine the course of action which may include calling the student’s parents/legal guardian for permission to administer a breathalyzer test.
3.  Two staff members, one of whom is an administrator, will be present whenever the breathalyzer test is administered to verify results.
4.  If the breathalyzer test is administered and is positive, standard District procedures for students under the influence of alcohol or drugs will be followed.

D.        Student Referral to Law Enforcement Agency
The Principal and Superintendent or his/her designee reserves the right to refer students to a law enforcement agency, on a case-by-case basis.  Health and safety of the student and the entire school are factors that will weigh into this decision.  The Principal and Superintendent/designee will refer to a law enforcement agency any student reasonably suspected of selling, dispensing or distributing alcohol and other drugs, or manufactured substances per definition of policy JICH.

II.        NOTIFICATION / COMMUNICATION PLAN
This procedure shall be included in student handbooks and available on the District website.

III.      INTERVENTIONS
Administrators will utilize available resources within the school and the community as deemed appropriate to support students struggling with potential addiction and/or mental and behavioral health issues.

At the discretion of school administrators and with student/parent consent, students may be referred to community support programs, including restorative practices, in addition to or as an alternative to prescribed interventions and consequence.  Administration may consider utilizing different types of interventions or multiple interventions simultaneously to deal with student misconduct. On the occasions where the misconduct involves an existing school rule and/or district policy, administrators will have the option of:

  1. Independently using the rule and/or policy’s prescribed administrative consequences (i.e., suspension).

  2. Using administrative consequences in conjunction with support referral (e.g., reduced suspension in addition to participation and completion of support program).

After the referral is made, if the offending student was not successful in participating in the community support program, the school reserves the right to apply the original, proscribed administrative consequences.

IV.       EDUCATIONAL REINFORCEMENT
Students will receive instruction on substance use prevention as part of M.S.A.D. No. 75’s Comprehensive Health Education Curriculum PK – 12.  Students will learn the short and long term negative physiological and social consequences of alcohol and drug use, social influences on use, peer norms regarding use and refusal skills. 

Legal Reference:       
21 USC § 812 (Controlled Substances Act)

21 CFR Part 1300.11-15
P.L. 101-226 (Drug-Free Schools and Communities Act Amendments of 1989)
17-A MRSA § 1101
22 MRSA §§ 2390-2394
42 USC § 290dd-2
42 CFR § 2.1 et seq.
20-A MRSA §§ 1001(9); 4008

Cross Reference:        
GBEC -   Drug-Free Workplace
JICIA -    Weapons, Violence and School Safety
JKD -       Suspension of Students
JKE -        Expulsion of Students
JFG -        Student Searches

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