|
About HTS
Directory
School News
Board Of Education
PTA
Student/Parent Resources
Teacher Resources
**************************************
| |
Policies
5512.01 HARASSMENT,
INTIMIDATION, AND BULLYING
5530 SUBSTANCE ABUSE
8461 REPORTING VIOLENCE, VANDALISM, AND ALCOHOL,
AND OTHER DRUG ABUSE
8601 PUPIL SUPERVISION
AFTER SCHOOL DISMISSAL
R 5530 SUBSTANCE ABUSE
R
8461 REPORTING VIOLENCE, VANDALISM, ALCOHOL,
AND OTHER DRUG ABUSE
5512.01
HARASSMENT, INTIMIDATION, AND BULLYING
Policy Statement
The Board of Education prohibits acts of harassment, intimidation, or bullying.
A safe and civil environment in school is necessary for pupils to learn and
achieve high academic standards. Harassment, intimidation, or bullying, like
other disruptive or violent behaviors, is conduct that disrupts both a pupil’s
ability to learn and a school’s ability to educate its pupils in a safe
environment; and since pupils learn by example, school administrators, faculty,
staff and volunteers should be commended for demonstrating appropriate behavior,
treating others with civility and respect, and refusing to tolerate harassment,
intimidation, or bullying.
"Harassment, intimidation, or bullying" means any gesture, written, verbal or
physical act that takes place on school property, at any school-sponsored
function or on a school bus and that:
1. Is motivated by any actual or perceived characteristic, such as race, color,
religion, ancestry, national origin, gender, sexual orientation, gender identity
and expression, or a mental, physical or sensory disability; or
2. By any other distinguishing characteristic; and
3. A reasonable person should know, under the circumstances, that the act(s)
will have the effect of harming a pupil or damaging the pupil’s property, or
placing a pupil in reasonable fear of harm to his/her person or damage to
his/her property; or
4. Has the effect of insulting or demeaning any pupil or group of pupils in such
a way as to cause substantial disruption in, or substantial interference with,
the orderly operation of the school.
Acts of harassment, intimidation, or bullying may also be a pupil exercising
power and control over another pupil, either in isolated incidents (e.g., intimidation, harassment) or patterns
of harassing or intimidating behavior (e.g., bullying).
The Policy will impose consequences for acts of harassment, intimidation, or
bullying that occur off school grounds, such as cyber-bullying (e.g., the use of
electronic or wireless devices to harass, intimidate, or bully), to the extent
this Policy complies with the provisions of N.J.A.C. 6A:16-7.6, Conduct Away
from School Grounds, and the district’s pupil code of student conduct, pursuant
to N.J.A.C. 6A:16-7.1. In all instances of harassment, intimidation, or bullying
behavior occurring off school grounds, the consequences only may be exercised
when it is reasonably necessary for the offending pupil’s physical or emotional
safety and well-being or for reasons relating to the safety and well-being of
other pupils, staff or school grounds, pursuant to N.J.S.A. 18A:25-2 and
18A:37-2, and when the conduct which is the subject of a proposed consequence
materially and substantially interferes with the requirements of appropriate
discipline in the operation of the school. All acts of harassment, intimidation,
or bullying that include the use of school property (e.g., school computers,
other electronic or wireless communication devices) apply to the provisions of
N.J.S.A. 18A:37-15 and N.J.A.C. 6A:16-7.9, harassment, intimidation, and
bullying, whether the subject or recipient of the bullying is on or off school
property.
Expected Behavior
The Board expects pupils to conduct themselves in keeping with their levels of
development, maturity and demonstrated capabilities with proper regard for the
rights and welfare of other pupils and school staff, the educational purpose
underlying all school activities and the care of school facilities and
equipment.
The Board believes that standards for pupil behavior must be set cooperatively
through interaction among the pupils, parent(s) or legal guardian(s), staff and
community members, producing an atmosphere that encourages pupils to grow in
self-discipline. The development of this atmosphere requires respect for self
and others, as well as for school district and community property on the part of
pupils, staff and community members.
The Board believes the best discipline is self-imposed, and it is the
responsibility of school district staff to use disciplinary situations as
opportunities to help pupils learn to assume and accept responsibility for their
behavior and the consequences of their behavior. Staff members who interact with
pupils shall apply best practices designed to prevent discipline problems and
encourage pupils’ abilities to grow in self-discipline.
General guidelines for pupil conduct will be developed by the Superintendent, in
conjunction with school staff, and approved by the Board. These guidelines will
be developed based on accepted core ethical values from a broad community
involvement with input from parent(s) or legal guardian(s) and other community
representatives, school employees, volunteers, pupils and administrators. These
guidelines for pupil conduct will be suited to the age level of the pupils and
the mission and physical facilities of the individual school(s) in the district.
This Policy requires all pupils in the district to adhere to these rules and
guidelines and to submit to such disciplinary measures as are appropriately
assigned for infraction of these rules and guidelines.
The district prohibits active or passive support for harassment, intimidation,
or bullying. Pupils are encouraged to support other pupils who walk away from
these acts when they see them, constructively attempt to stop them, and report
these acts to the Building Principal or designee.
Pupils are required to conform to reasonable standards of socially acceptable
behavior; respect the person, property and rights of others; obey constituted
authority; and respond to school district teaching, support and administrative staff. Each
school Principal will develop and provide a school-based program for appropriate
recognition for positive reinforcement for good conduct, self-discipline, good
citizenship and academic success.
The Superintendent will provide annually to pupils and their parent(s) or legal
guardian(s) the rules of the district regarding pupil conduct, pupil’s due
process and other rights. This Policy will appear in all publications of the
school district’s comprehensive rules, procedures and standards of conduct for
school(s) within the district, including pupil handbooks. Provisions will be
made for informing parent(s) or legal guardian(s) whose primary language is
other than English.
Consequences and Appropriate Remedial Actions
The following factors, at a minimum, shall be given full consideration by school
administrators in the development of the procedures for determining appropriate
consequences and remedial measures for each act of harassment, intimidation, or
bullying:
Factors for Determining Consequences
1. Age, developmental and maturity levels of the parties involved;
2. Degrees of harm;
3. Surrounding circumstances;
4. Nature and severity of the behavior(s);
5. Incidences of past or continuing patterns of behavior;
6. Relationships between the parties involved; and
7. Context in which the alleged incidents occurred.
Factors for Determining Remedial Measures
Personal
1. Life skill deficiencies;
2. Social relationships;
3. Strengths;
4. Talents;
5. Traits;
6. Interests;
7. Hobbies;
8. Extra-curricular activities;
9. Classroom participation; and
10. Academic performance.
Environmental
1. School culture;
2. School climate;
3. Pupil-staff relationships and staff behavior toward the pupil;
4. General staff management of classrooms or other educational environments;
5. Staff ability to prevent and manage difficult or inflammatory situations;
6. Social-emotional and behavioral supports;
7. Social relationships;
8. Community activities;
9. Neighborhood situation; and
10. Family situation.
Consequences and appropriate remedial action for pupils who commit acts of
harassment, intimidation, or bullying may range from positive behavioral
interventions up to and including suspension or expulsion, as set forth in the
Board adopted Pupil Discipline/Code of Conduct. Remedial measures shall be
designed to correct the problem behavior, prevent another occurrence of the
problem, and protect the victim of the act. The consequences and remedial
measures may include, but are not limited to, the examples listed below:
Examples of Consequences
1. Admonishment;
2. Temporary removal from the classroom;
3. Deprivation of privileges;
4. Classroom or administrative detention;
5. Referral to disciplinarian;
6. In-school suspension during the school week or the weekend;
7. After-school programs;
8. Out-of-school suspension;
9. Legal action; and
10. Expulsion.
Examples of Remedial Measures – Personal
1. Restitution and restoration;
2. Mediation;
3. Peer support group;
4. Recommendations of a pupil behavior or ethics council;
5. Corrective instruction or other relevant learning or service experience;
6. Supportive pupil interventions, including participation of the Intervention
and Referral Services Team, pursuant to N.J.A.C. 6A:16-8;
7. Behavioral assessment or evaluation, including, but not limited to, a
referral to the Child Study Team, as appropriate;
8. Behavioral management plan, with benchmarks that are closely monitored;
9. Assignment of leadership responsibilities (e.g., hallway or bus monitor);
10. Involvement of school disciplinarian;
11. Pupil counseling;
12. Parent conferences;
13. Pupil treatment; or
14. Pupil therapy.
Examples of Remedial Measures - Environmental (Classroom, School Building or
School District)
1. School and community surveys or other strategies for determining the
conditions contributing to harassment, intimidation, or bullying;
2. School culture change;
3. School climate improvement;
4. Adoption of research-based, systemic bullying prevention programs;
5. School policy and procedures revisions;
6. Modifications of schedules;
7. Adjustments in hallway traffic;
8. Modifications in pupil routes or patterns traveling to and from school;
9. Targeted use of monitors (e.g., hallway, cafeteria, bus);
10. Small or large group presentations for fully addressing the behaviors and
the responses to the behaviors;
11. General professional development programs for certificated and
non-certificated staff;
12. Professional development plans for involved staff;
13. Disciplinary action for school staff who contributed to the problem;
14. Supportive institutional interventions, including participation of the
Intervention and Referral Services Team, pursuant to N.J.A.C. 6A:16-8;
15. Parent conferences;
16. Family counseling;
17. Involvement of parent-teacher organizations;
18. Involvement of community-based organizations;
19. Development of a general bullying response plan;
20. Recommendations of a pupil behavior or ethics council;
21. Peer support groups; and
22. Law enforcement (e.g., school resource office, juvenile officer)
involvement.
N.J.A.C. 6A:16-7.9(a)2.vi requires appropriate consequences and remedial actions
for any staff member who commits an act of harassment, intimidation, or
bullying.
Reporting Procedure
Complaints alleging violations of this Policy shall be reported to the Principal
or designee. All school employees as well as all other members of the school
community including pupils, parent(s) or legal guardian(s), volunteers, and
visitors are required to report alleged violations of this Policy to the
Principal or designee. While submission of an Incident Report Form to the
Principal or designee is not required, the reporting party is encouraged to use
the Incident Report Form available from the Building Principal or available at
the school district’s administrative offices. Oral reports will also be
considered official reports. Reports may be made anonymously, but formal
disciplinary action may not be based solely on the basis of an anonymous report.
A school employee who promptly reports an incident of harassment, intimidation,
or bullying in accordance with this Policy, and who makes this report in
compliance with the procedures set forth in this Policy, is immune from a cause
of action for damages arising from any failure to remedy the reported incident,
as set forth in N.J.S.A. 18A:37-16.c.
Investigation
The Principal or designee is responsible for determining whether an alleged act
constitutes a violation of this Policy. The Principal or designee shall conduct
a prompt, thorough and complete investigation of the alleged incident. The Principal or designee will maintain a record of each investigation
regarding allegations of harassment, intimidation, and bullying.
Response to an Incident of Harassment, Intimidation, or Bullying
An appropriate response will be provided to the individual who commits any
incident of harassment, intimidation, or bullying. Some acts of harassment,
intimidation, or bullying may be isolated incidents requiring the school respond
appropriately to the individual(s) committing the acts. Other acts may be so
serious or part of a larger pattern of harassment, intimidation, or bullying
that require a response either at the classroom, school building or school
district level or by law enforcement officials.
Consequences and appropriate remedial actions for pupils who commit an act of
harassment, intimidation, or bullying range from positive behavioral
interventions up to and including suspension or expulsion, as permitted under
N.J.S.A. 18A:37-1, Discipline of Pupils and as set forth in N.J.A.C. 6A:16-7.2,
Short-term Suspensions, N.J.A.C. 6A:16-7.3, Long-term Suspensions and N.J.A.C.
6A:16-7.5, Expulsions.
In considering whether a response beyond the individual level is appropriate,
the administrator shall consider the nature and circumstances of the act, the
degree of harm, the nature and severity of the behavior, past incidences or past
or continuing patterns of behavior, and the context in which the alleged
incident(s) occurred. The school district’s responses can range from school and
community surveys, to mailings, to focus groups, to adoption of research-based
bullying prevention program models, to training for certificated and
non-certificated staff. The district’s responses may also include participation
of parent(s) or legal guardian(s) and other community members and organizations,
small or
large group presentations for fully addressing the actions and the school
district’s response to the actions, in the context of acceptable pupil behavior
and the consequences of such actions, and the involvement of law enforcement
officers, including school resource officers. The district will also make
resources available to individual victims of harassment, intimidation, and
bullying.
Reprisal or Retaliation Prohibited
The Board prohibits reprisal or retaliation against any person who reports an
act of harassment, intimidation, or bullying. The consequence and appropriate
remedial action for a person who engages in reprisal or retaliation shall be
determined by the Principal or designee after consideration of the nature,
severity and circumstances of the act, in accordance with case law, Federal and
State statutes and regulations and district policies and procedures.
Consequences for False Accusation
The Board prohibits any person from falsely accusing another as a means of
harassment, intimidation, or bullying. Consequences and appropriate remedial
action for a pupil found to have falsely accused another as a means of
harassment, intimidation, or bullying range from positive behavioral
interventions up to and including suspension or expulsion, as permitted under
N.J.S.A. 18A:37-1 et seq., Discipline of Pupils and as set forth in N.J.A.C.
6A:16-7.2, Short-term Suspensions, N.J.A.C. 6A:16-7, Long-term Suspensions and
N.J.A.C. 6A:16-7.5, Expulsions.
Consequences and appropriate remedial action for a school employee found to have
falsely accused another as a means of harassment, intimidation, or bullying
shall be disciplined in accordance with district policies, procedures, and
agreements.
Consequences and appropriate remedial action for a visitor or volunteer, found
to have falsely accused another as a means of harassment, intimidation, or
bullying shall be determined by the Principal or designee, after consideration
of the nature, severity and circumstances of the act, including reports to
appropriate law enforcement officials.
Policy Publication
This Policy will be disseminated annually to all school staff, pupils, parent(s)
or legal guardian(s), along with a statement explaining the Policy applies to
all applicable acts of harassment, intimidation, and bullying that occur on
school property, at school-sponsored functions or on a school bus. A range of
options may be implemented by the school district for publicizing this Policy to
include, but not limited to, publishing in pupil handbooks that are provided to
pupils and parent(s) or legal guardian(s).
Harassment, Intimidation, and Bullying Prevention Programs
Pursuant to N.J.S.A. 18A:37-17.c and N.J.A.C. 6A:16-7.9(d)1.i,information
regarding the district’s Harassment, Intimidation, and Bullying Policy shall be
incorporated into a school’s employee training program.
Pursuant to N.J.A.C. 6A:16-7.9(d)3, the district is required to annually review
the extent and characteristics of harassment, intimidation, and bullying
behavior in the schools of the district and implement locally determined
programmatic or other responses, if determined appropriate by the district Board
of Education.
Pursuant to N.J.A.C. 6A:16-7.9(d)1, the school district is required to annually
review the training needs of district staff for the effective implementation of
the harassment, intimidation, and bullying policy, procedures, programs, and
initiatives of the district Board of Education and implement locally determined
staff training programs consistent with the annual review of training needs and
the findings of the annual review and update of the code of pupil conduct,
pursuant to N.J.A.C. 6A:16-7.1(a)3, as determined appropriate by the district
Board of Education.
Pursuant to N.J.A.C. 6A:16-7.9(d)2, the school district is required to develop a
process for annually discussing the school district’s harassment, intimidation,
and bullying policy with pupils.
Pursuant to N.J.S.A. 18A:37-19, the school district may apply to the
Commissioner of Education for additional costs due to the implementation of the
provisions of N.J.S.A. 18A:37-13 through N.J.S.A. 18A:37-18.
N.J.S.A. 18A:37-13 through 18A:37-19
N.J.A.C. 6A:16-7.9 et seq.
Adopted: 25 March 2003
Revised: 6 November 2007
BACK TO TOP
5530 SUBSTANCE ABUSE
The Board of Education recognizes that a pupil’s abuse of harmful substances
seriously impedes that pupil’s education and threatens the welfare of the entire
school community. The Board is committed to the prevention of substance abuse
and the rehabilitation of substance abusers by educational means, but will take
the necessary and appropriate steps to protect the school community from harm
and from exposure to harmful substances. Accordingly, the Board will establish
and maintain a comprehensive substance abuse intervention, prevention, and
treatment referral program in the schools of this district.
Definitions N.J.S.A. 18A:40A-9
N.J.A.C. 6A:16-1.3; 6A:16-4.1
For the purposes of this policy:
“Substance” means alcoholic beverages, controlled dangerous substances,
including anabolic steroids, as defined at N.J.S.A. 24:21-2 and N.J.S.A.
2C:35-2, any chemical or chemical compound which releases vapors or fumes
causing a condition of intoxication, inebriation, excitement, stupefaction, or
dulling of the brain or nervous system, including, but not limited to, glue
containing a solvent having the property of releasing toxic vapors or fumes as
defined at N.J.S.A. 2C:35-10.4, and over-the-counter and prescription
medications which are improperly used to cause intoxication, inebriation,
excitement, stupefaction, or dulling of the brain or nervous system.
“Substance abuse” means the consumption or use of any substance for purposes
other than for the treatment of sickness or injury as prescribed or administered
by a person duly authorized by law to treat sick and injured human beings.
“Evaluation” means those procedures used by a certified or licensed professional
to make a positive determination of a pupil’s need for programs and services
which extend beyond the general school program by virtue of learning, behavior,
or health difficulties of the pupil or the pupil’s family.
“Intervention” means those programs, services, and actions taken to identify and
offer help to a pupil at risk for learning, behavior, or health difficulties.
“Referral for treatment” means those programs and services offered to a pupil or
his or her family to help implement the recommendations of an evaluation or in
response to the family’s request for assistance with a learning, behavior, or
health difficulty.
“School grounds” means and includes land, portions of land, structures,
buildings, and vehicles, when used for the provision of academic or
extracurricular programs sponsored by the school district or community provider
and structures that support these buildings, such as school district wastewater
treatment facilities, generating facilities, and other central services
facilities including, but not limited to, kitchens and maintenance shops. School
grounds also includes other facilities as defined in N.J.A.C. 6A:26-1.2,
playgrounds, and recreational places owned by local municipalities, private
entities or other individuals during those times when the school district has
exclusive use of a portion of such land.
Discipline N.J.S.A. 18A:40A-10; 18A:40A-11
N.J.A.C. 6A:16-4.1(c)2.; 6A:16-6.3(a)
The Board prohibits the use, possession, and/or distribution of alcohol or other
drugs on school grounds, including on school buses or at school-sponsored
functions according to N.J.S.A. 18A:40A-9, 10, and 11.
A pupil who uses, possesses, or distributes a substance, on or off school
premises, will be subject to discipline. Discipline will be graded to the
severity of the offenses, the nature of the problems and the pupil’s needs.
Discipline may include suspension or expulsion. The Board may establish
consequences for a pupil not following through on the recommendations of an
evaluation for alcohol or other drug abuse and related behaviors. The
Superintendent and/or designee will notify the appropriate law enforcement
agency pursuant to N.J.A.C. 6A:16-6.3(a).
Instruction N.J.S.A. 18A:40A-1 et seq.
N.J.A.C. 6A:16-3.1
The Board shall provide a comprehensive program of prevention, intervention,
referral for evaluation, referral for treatment, and continuity of care for
pupil alcohol, tobacco, and other drug abuse.
Identification, Evaluation, and Intervention
N.J.S.A. 18A:40A-11 through 18A:40A-17
N.J.A.C. 6A:16-3.1; 6A:16-4.1; 6A:16-4.2; 6A:16-4.3
Any educational staff member or other professional to whom it appears that a
pupil may be under the influence of alcohol or other drugs on school grounds,
including on a school bus or at a school-sponsored function shall report the
matter in accordance with N.J.A.C. 6A:16-4.3(a)1.
An immediate medical examination shall be conducted and a written report of the
medical evaluation shall be furnished to the parent(s) or legal guardian(s) of
the pupil, the Building Principal, and the Superintendent in accordance with
N.J.A.C. 6A:16-4.3(a)2 - 4.3(a)8.
If the written report of the medical examination is not provided within
twenty-four hours of the referral of the pupil, the pupil shall be allowed to
return to school until such time as a positive determination of alcohol or other
drug use is received from the physician.
If the written report of the medical evaluation verifies that alcohol or other
drugs do not interfere with the pupil’s physical or mental ability to perform in
school, the pupil shall be immediately returned to school. If there is a
positive determination from the medical examination indicating the pupil’s
alcohol or other drug use interferes with his or her physical or mental ability
to perform in school, the pupil shall be returned to the care of the parent(s)
or legal guardian(s) as soon as possible and attendance at school shall not
resume until a written report verifies the pupil’s alcohol or other drug use no
longer interferes with his or her physical and mental ability to perform in
school.
Removal of a pupil with a disability shall be in accordance with N.J.A.C. 6A:14.
While a pupil is at home because of the medical evaluation or after the pupil
returns to school, an appropriately certified school staff member(s) will
conduct an alcohol and other drug assessment of the pupil and a reasonable
investigation of the situation and may initiate referral alcohol or other drug
abuse treatment in accordance with N.J.A.C. 6A:16-4.3(a)12, 4.3(a)13, and
4.3(a)14.
The Board may provide additional intervention and referral services (PAC) for
the pupil according to the requirements of N.J.S.A. 18A:40A-10 and N.J.A.C.
6A:16-8.
Whenever any teaching staff member, certified or non-certified school nurse, or
other educational personnel shall have reason to believe a pupil has used or may
be using anabolic steroids, that person shall report the matter in accordance
with N.J.A.C. 6A:16-4.3(b)1.
The Building Principal or designee upon receiving such report shall immediately
notify the parent(s) or legal guardian(s) and Superintendent and shall arrange
for an examination of the pupil as soon as possible to determine whether the
pupil has been using anabolic steroids in accordance with N.J.A.C.
6A:16-4.3(b)2.
The Superintendent will disclose to law enforcement authorities the identity of
the pupil pursuant to the requirements of N.J.A.C. 6A:16-4.3(b)3.
A written report of the examination shall be provided by the examining physician
to the parent(s) or legal guardian(s), Building Principal, and Superintendent.
If it is determined the pupil has used anabolic steroids, an appropriately
certified school staff member(s) shall interview the pupil and others to
determine the extent of the pupil’s involvement with and use of anabolic
steroids and the possible need for referral for treatment in accordance with
N.J.A.C. 6A:16-4.3(b)5.
If the results of a referral for evaluation have positively determined the
pupil’s involvement with and use of anabolic steroids represents a danger to the
pupil’s health and well-being, an appropriately certified school staff member(s)
shall initiate a referral for treatment to agencies and/or private practitioners
as outlined in N.J.A.C. 6A:16-4.3(b)6.
In-Service Training N.J.S.A. 18A:40A-15(b)
The Board directs the Superintendent to develop a program of in-service training
for all teaching staff members involved in the instruction of pupils. The Board
will provide time for the conduct of the program during the usual school
schedule. In-service training shall prepare teachers to instruct pupils on
substance abuse and inform teachers about the nature of substances, the
symptomatic behavior associated with substance abuse, the availability of
rehabilitation and treatment programs, the legal aspects of substance abuse, and
Board policy and regulations on substance abuse.
Outreach to Parents N.J.S.A. 18A:40A-16; 18A:40A-17
N.J.A.C. 6A:16-4.1(c)7.
The Board will provide an outreach program to parent(s) or legal guardian(s) of
pupils that includes information on the district’s substance abuse curriculum,
the identification of substance abusers, and rehabilitation organizations and
agencies. The Superintendent is directed to develop the program in consultation
with local agencies recommended by the Commissioner and to offer the program at
times and in places convenient to parent(s) or legal guardian(s) on school
premises or in other suitable facilities.
Records §408 of the Drug Abuse Prevention, Treatment, and Rehabilitation Act, 42
U.S.C., and Implementing Regulations, 42 CFR Part 2
N.J.S.A. 18A:40A-7.1
Notations concerning a pupil’s involvement with substances may be entered on
his/her records, subject to Policy No. 8330 regarding confidentiality and
limited access. All such notations shall be expunged when they are no longer
required for the counseling or discipline of the pupil or when the pupil leaves
school. Information regarding a pupil’s involvement in a school intervention or
treatment program shall be kept strictly confidential in accordance with §408 of
the Drug Abuse Prevention, Treatment, and Rehabilitation Act, 42 U.S.C. 290
ee-3, and implementing regulations, 42 CFR Part 2.
If an elementary or secondary pupil involved in a school-based drug or alcohol
counseling program provides information during the course of a counseling
session in that program which indicates that the pupil’s parent(s) or legal
guardian(s) or other person residing in the pupil’s household is dependent upon
or illegally using a substance as that term is defined in N.J.S.A. 18A:40A-9,
that information shall be kept confidential and may be disclosed only with; the
pupil’s written consent, to another person or entity whom the pupil specifies in
writing in the case of a secondary pupil, or to a member of the pupil’s
immediate family or the appropriate school personnel in the case of an
elementary pupil; pursuant to a court order; to a person engaged in a bona fide
research purpose, except that no names or other information identifying the
pupil or the person with respect to whose substance abuse the information was
provided, shall be made available to the researcher; or to the Division of Youth
and Family Services or to a law enforcement agency, if the information would
cause a person to reasonably suspect that the elementary or secondary pupil or
another child may be an abused or neglected child.
Nonpublic School Pupils N.J.S.A. 18A:40A-5; 18A:40A-17c
The Board will lend to pupils attending nonpublic schools located in this
district and to the parent(s) or legal guardian(s) of such pupils educational
materials on substance abuse prepared and supplied by the Commissioner. The loan
of such materials shall be at no cost to the district.
Civil Immunity N.J.S.A. 18A:40A-13, 18A:40A-14;
N.J.A.C. 6A:16-4.3(c)
No civil action of any kind shall lie against any employee, officer or agent of
the Board because of actions taken under the education statutes on substance
abuse, N.J.S.A. 18A:40A-1 et seq., provided the skill and care given is that
ordinarily required and exercised by other such employees, officers and agents
of the Board.
Any educational or non-educational school staff member who in good faith reports
a pupil to the Building Principal or designee in compliance with N.J.A.C.
6A:16-4.3 shall not be liable in civil damages as a result of making such a
report, as specified in N.J.S.A. 18A:40A-13 and 14.
Reporting Pupils to Law Enforcement Authorities
N.J.A.C. 6A:16-6.3(a)
The Superintendent, or designee, shall report pupils to law enforcement
authorities if the staff member has reason to believe a pupil is unlawfully
possessing or in any way involved in the distribution of controlled dangerous
substances, anabolic steroids, or drug paraphernalia, pursuant to N.J.A.C.
6A:16-6.3(a). The Superintendent will not report pupils who have voluntarily
sought treatment or counseling for a substance abuse problem provided the pupil
is not involved or implicated in a current drug distribution activity.
The Superintendent or designee may, but need not disclose to law enforcement
authorities the identity of a pupil suspected to be under the influence of
alcohol and/or controlled dangerous substances, pursuant to N.J.A.C.
6A:16-4.3(a), or a pupil suspected to have used or who may be using anabolic
steroids, pursuant to N.J.A.C. 6A:16-4.3(b), and who is referred for a medical
evaluation, pursuant to N.J.A.C. 6A:16-4.3(a) or (b), as appropriate, for the
purposes of providing appropriate health care for the pupil and for determining
whether the pupil is under the influence of alcohol or other drugs or has been
using anabolic steroids, provided the pupil is not reasonably believed to be in
possession of a controlled dangerous substance or drug paraphernalia, and is not
reasonably believed to be involved or implicated in drug distribution
activities.
Policy Review and Accessibility
N.J.S.A. 18A:40A-10; 18A:40A-11
N.J.A.C. 6A:16-4.2(a) & (b)
The Board will annually review the effectiveness of Policy and Regulation 5530
on pupil alcohol and drug abuse. The Board shall solicit parent(s) or legal
guardian(s), pupil and community input, as well as consult in the review process
with local alcohol or other drug abuse prevention, intervention and treatment
agencies licensed by the New Jersey Department of Human Services.
This policy and regulation shall be made available annually, at the beginning of
the school year, to all school employees, pupils, and parent(s) or legal
guardian(s). Each newly hired employee and transferred pupil will be offered
this policy and implementing regulations on his/her arrival in the district.
N.J.S.A. 18A:40A-1 et seq.; 18A:40A-7.1 et seq.
N.J.A.C. 6A:16-4.1 et seq.
Cross reference: Policy Guides Nos. 2422, 7436, 9322
Adopted: 28 September 1999
Revised: 30 March 2004
Revised: 6 November 2007
BACK TO TOP
8461 REPORTING VIOLENCE, VANDALISM, AND ALCOHOL,
AND OTHER DRUG ABUSE
The Board of Education shall observe “School Violence Awareness Week” during the
week beginning with the third Monday in October of each year by organizing
activities to prevent school violence. Activities shall include, but are not
limited to, age-appropriate opportunities for pupil discussion on conflict
resolution, issues of pupil diversity, and tolerance. The Board shall invite law
enforcement personnel to join members of the teaching staff in the discussions
and provide programs for school employees that are designed to help them
recognize warning signs of school violence and to instruct them on recommended
conduct during an incident of school violence.
Any school employee who observes or has direct knowledge from a participant or
victim of an act of violence or the possession or distribution of alcohol or
other drugs on school grounds, and any school employee who reports a pupil for
being under the influence of alcohol or other drugs, according to the
requirements of N.J.S.A. 18A:40A-12 and N.J.A.C. 6A:16-4.3, shall file a report
describing the incident to the school Principal, in accordance with N.J.S.A.
18A:17-46. The report shall be on a form to include all of the incident detail
and offender and victim information that are reported on the Electronic Violence
and Vandalism Reporting System (EVVRS).
The Building Principal, for each incident report of violence, vandalism,
alcohol, or other drug abuse, shall review the incident report for accuracy;
forward a copy of the incident report to the Superintendent; and notify the
Superintendent of the action taken regarding the incident. The Board shall not
discharge or subject to any manner of discrimination any school employee who
files a report pursuant to N.J.A.C. 6A:16-5.3.
The majority representative of the school employees’ bargaining units shall have
access monthly to the number and disposition of all reported acts of school violence and vandalism, pursuant
to N.J.S.A. 18A:17-46. Personally identifying information may be provided to the
majority representative of the school employees’ bargaining units only in
instances when school administrators have reason to believe that the safety of a
school staff member is at risk.
The Superintendent annually shall submit a report to the Commissioner of
Education of each incident of violence, vandalism and alcohol and other drug
abuse in the school district utilizing the EVVRS in accordance with the
requirements of N.J.A.C. 6A:16-5.3(e)1 through (e)3.
At an annual hearing held pursuant to N.J.S.A. 18A:17-46, the Superintendent
shall report to the Board all acts of violence and vandalism and incidents of
alcohol and other drug abuse that occurred during the previous school year,
according to the provisions of N.J.S.A. 18A:17-46. The proceedings of the public
hearing shall be transcribed, kept on file by the Board in the Superintendent’s
office and made available to the public, pursuant to N.J.S.A. 18A:17-46 and the
Superintendent shall file the transcript of the public hearing with the
Department of Education by November 1 of each year, pursuant to N.J.S.A.
18A:17-46.
Whenever it is alleged a school employee has knowingly falsified the annual
report on violence and vandalism required under N.J.S.A. 18A:17-46, the Board
shall make a determination regarding whether the employee committed the act. The
Board shall provide written notice of the allegations to the employee and the
employee shall be entitled to a hearing before the Board in accordance with the
provisions of N.J.A.C. 6A:16-5.3(g)2. Upon a determination by the Board that an
employee has knowingly falsified the annual violence and vandalism report, the
Board may take appropriate action as outlined in N.J.A.C. 6A:16-5.3(g)3. Any
action taken by the Board shall be based on its consideration of the nature of
the conduct, the circumstances under which it occurred, and the employee’s prior
employment record. Any employee having
been found responsible for the falsification of the annual report by the Board
shall have the right to file a grievance under their respective bargaining
agreements, appeal the Board’s determination to the Commissioner of Education
and subsequently to the State Board of Education, or appeal the decision to the
Superior Court of New Jersey. The availability of appeal options shall be based
upon the action taken by the Board.
A Board of Education shall submit and implement corrective action plans for high
incidences of violence, vandalism, or alcohol or other drug abuse upon
notification by the Commissioner of Education.
N.J.S.A. 18A:17-46; 18A:36-5.1
N.J.A.C. 6A:16-5.2; 6A:16-5.3
Adopted: 28 September 1999
Revised: 6 November 2007
BACK TO TOP
8601 PUPIL SUPERVISION AFTER SCHOOL DISMISSAL
The Board of Education adopts this Pupil Supervision After School Dismissal
Policy as a result of the New Jersey Supreme Court’s decision in Joseph Jerkins,
an infant by his Guardian Ad Litem, Charles Jerkins; Charles Jerkins and Toni
Jerkins, individually, v. Soweto Anderson; Kemba N. Anderson; John Does 1-10
(fictitious individuals) and ABC Corporations 1-10 (fictitious entities), and
Board of Education of Pleasantville Public Schools and Rosemay Clarke.
The New Jersey Supreme Court, in Jerkins, indicated dangers exist for younger
pupils at dismissal as children are susceptible to numerous risks, including
negligent conduct, when leaving school property. Because of these risks, the
Board of Education adopts and requires the implementation of Policy 8601 for the
supervision of younger pupils after dismissal. The supervision provisions of
Policy Guide 8601 are applicable to parents or legal guardians of pupils
attending district-operated schools or programs in grades K to 8 who are not
eligible for district-provided transportation after dismissal or are eligible
and elect not to use district-provided transportation after dismissal.
Any parent(s) or legal guardian(s) of a pupil attending a district-operated
school or program in grades K to 8, where the pupil is not eligible for
district-provided transportation or is eligible and elects not to use
district-provided transportation after dismissal may request the school or
program not release the pupil to walk home after dismissal unless the pupil is
released to the parent(s) or legal guardian(s) or escort(s) designated by the
parent(s) or legal guardian(s). The parent(s) or legal guardian(s) designated
escort(s) must be at least 15 years old. The parent(s) or legal guardian(s) may
designate up to 3 escorts. The parent(s) or legal guardian(s) requesting their
child(ren) only be released to a parent(s) or legal guardian(s) or parent(s) or
legal guardian(s)-designated escort after dismissal must submit a completed
Request for Supervision at Dismissal from School Form to the Principal or
designee, or program administrator.
The Form shall be made available:
• in the Main office of the school building or the location of the program.
• upon request to the Principal, or designee, or the program administrator.
• on the school or school district website.
• to parent(s) or legal guardian(s) in the beginning of the school year.
Only those parents or legal guardians requesting the school or program not
release their child(ren) to walk home after school dismissal unless the
child(ren) is released to the parent(s) or legal guardian(s) or designated
escort need to complete the Request Form.
In order for the school administration to effectively implement the requirements
of this Policy and to ensure the safety and security of pupils that will be
released to a parent(s) or legal guardian(s) or designated escort, the parental
request shall be applicable for every school day and shall apply for a duration
period of the entire school year. The Request Form must be re-submitted at the
end of the duration period. In addition, a parent(s) or legal guardian(s) may
rescind their Request by submitting a written request to the Principal or
program administrator indicating the date in which the parent(s) or legal
guardian(s) no longer requests the school provide supervision of their child(ren)
after school dismissal. The child(ren) will be dismissed in accordance with
typical dismissal protocol effective the date indicated in the rescinding
request.
The Principal or designee, or program administrator upon receiving the Request
for Supervision at Dismissal from School Form, shall notify the appropriate
school staff member(s) who has supervision of the pupil at dismissal time at the
end of the school day of the parent’s or legal guardian’s request. The
supervising staff member that receives such notice shall retain supervision of
the pupil when other pupils are dismissed from school at the end of the school
day.
Each Principal or program administrator will develop and implement a written
Pupil Supervision After School Dismissal Plan for their school building or
program location. This Plan shall include the school building’s or program’s
supervision procedures for pupils at the end of the school day to the designated
area in the school building or program and the location of the designated area
in the school building or program. The Plan shall be based on the school’s or
program’s ability to provide supervision, the accessibility for the parent(s) or
legal guardian(s) or designated escort to pick-up the child without disrupting
dismissal of the remaining school population, and other considerations unique to
the school building or program location. The school’s or program’s Pupil
Supervision After School Dismissal Plan shall be provided to all parent(s) or
legal guardian(s) that have submitted a Request Form.
In the event the parent(s) or legal guardian(s) or designated escort does not
arrive to pick up their child(ren) after the dismissal time of school, the
Principal or designee will attempt to contact the parent(s) or legal guardian(s)
using the district’s emergency call procedures.
The pupil(s) shall be supervised by school staff in the designated area of the
building and will only be released when the parent(s) or legal guardian(s) or
designated escort arrives to pick up the pupil and signs the pupil out of
school.
In order to ensure the safety of other pupils being dismissed from school in
accordance with typical school dismissal protocol, to limit interaction of
parent(s) or legal guardian(s) or designated escorts with other pupils within
the building, and to avoid traffic and vehicular safety problems outside the
school building, the Principal or program administrator may prohibit the
parent(s) or legal guardian(s) or designated escort from entering the school
building until a time period after school has dismissed or until school buses
and other vehicular traffic have cleared the school site. This determination
shall be made by each Principal or program administrator after considering the
unique circumstances at the school building and the building’s typical dismissal
protocol.
In the event of an emergency such that, when an unforeseen event prevents a
parent or legal guardian or designated escort from arriving for the child(ren)
at dismissal within the time period designated by the Principal or program
administrator, the pupil will be relocated to the Main Office in the school
building and will remain in the Main Office supervised by the Main Office staff
until the parent(s) or legal guardian(s) or designated escort arrives and signs
the pupil out of school.
The school will provide parent(s) or legal guardian(s) information regarding any
supervised after-school services, if any, that may be available to pupils at the
school’s facilities after formal school dismissal.
This Policy shall be published in pupil/school handbooks. In addition, the
school district shall provide to parent(s) or legal guardian(s) in the beginning
of the school year, the school’s calendar to include the starting and dismissal
times for full session, half-session, and early dismissal days due to weather or
other emergencies. Parent(s) or legal guardian(s) shall be required to return to
the school a signed acknowledgement of receipt of the pupil/school handbook,
which shall include this Policy and the school calendar. In addition, any
changes to the school’s calendar made during the school year shall also be
provided to parent(s) or legal guardian(s).
Adopted: 6 November 2007
BACK TO TOP
R 5530 SUBSTANCE ABUSE
The following procedures are established in implementation of Policy No. 5530,
Substance Abuse.
A. Definitions
1. “Evaluation” means those procedures used by a certified or licensed
professional to make a positive determination of a pupil’s need for programs and
services which extend beyond the general school program by virtue of learning,
behavior or health difficulties of the pupil or the pupil’s family.
2. “Intervention” means those programs, services and actions taken to identify
and offer help to a pupil at risk for learning, behavior or health difficulties.
3. “Referral for evaluation” means those programs and services offered to a
pupil or his or her family in order to make a positive determination regarding a
pupil’s need for services which extend beyond the general school program.
4. “Parent” means the natural parent(s) or adoptive parent(s), legal guardian(s),
foster parent(s) or parent surrogate(s) of a pupil. Where parents are separated
or divorced, “parent” means the person or agency who has legal custody of the
pupil, as well as the natural or adoptive parent(s) of the pupil, provided such
parental rights have not been terminated by a court of appropriate jurisdiction.
5. “Substance” means alcoholic beverages, controlled dangerous substances,
including anabolic steroids as defined at N.J.S.A. 24:21-2 and N.J.S.A. 2C:35-2,
any chemical or chemical compound which releases vapors or fumes causing a
condition of intoxication, inebriation,
excitement, stupefaction, or dulling of the brain or nervous system, including,
but not limited to, glue containing a solvent having the property of releasing
toxic vapors or fumes as defined at N.J.S.A. 2C:35-10.4 and over-the-counter and
prescription medications which are improperly used to cause intoxication,
inebriation, excitement, stupefaction, or dulling of the brain or nervous
system.
6. “Substance abuse” means the consumption or use of any substance for purposes
other than for the treatment of sickness or injury as prescribed or administered
by a person duly authorized by law to treat sick and injured human beings.
7. “Under the influence” of substances means that the pupil is observed in the
use of a substance or exhibits physical and/or behavioral characteristics that
indicate the immediate use of a substance.
B. Discipline
1. Any violation of Board rules prohibiting the use, possession and/or
distribution of a substance is a serious offense, and the pupil who violates a
substance abuse rule will be disciplined accordingly. Repeated violations are
more severe offenses and warrant stricter disciplinary measures. Pupils who
violate the substance abuse rules will be disciplined as follows:
a. First offense: minimum of 5 days of suspension, counseling and evaluation for
treatment at the parent’s expense, parent conference and community service.
b. Second offense: minimum of 7 days of suspension, counseling and evaluation
for treatment at the parent’s expense, parent conference.
c. Third offense: minimum of 10 day suspension, referral for Board of Education
Hearing for possible expulsion.
2. In accordance with N.J.A.C. 6A:16-4.1(c), the following disciplinary action
will be taken in the event the pupil does not follow through on the
recommendations of an evaluation for alcohol or other drug abuse and related
behaviors:
a. First offense: up to 5 day suspension and parent conference.
b. Second offense: up to 7 day suspension and parent conference.
c. Third offense: 10 day suspension and referral for Board of Education for
possible expulsion.
C. Identification and Remediation of Pupils Involved with Substances.
1. Teaching staff members shall be alert to the signs of a pupil's involvement
with substances, in accordance with the training offered in in-service training
sessions.
2. A teaching staff member who suspects that a pupil is involved with
substances, but not under the influence of them, should refer the pupil to the
School Nurse, the Substance Awareness Coordinator, a Guidance Counselor, the
Child Study Team, or another professional staff member or trained resource
person, as appropriate. The staff member shall notify the Principal of the
referral; if appropriate, the Principal should notify the pupil's parent(s) or
legal guardian(s) of the referral and discuss with the parent(s) or legal
guardian(s) the possibility of medical or therapeutic treatment.
3. When a pupil involved with substances has discussed his/her involvement with
a teaching staff member with an expectation of confidentiality, the staff member
may respect that confidence. The teaching staff member should encourage the
pupil to seek aid from a professional trained in counseling and to confide in
his/her parent(s) or legal guardian(s). When the staff member believes that the
pupil requires professional counseling or intervention that the pupil will not
seek on his/her own, the staff member may report the pupil to the Principal, who
shall determine whether to notify the pupil's parent(s) or legal guardian(s) and
may report the pupil to an appropriate district professional or trained resource
person or to an appropriate agency for evaluation and possible treatment.
D. Reporting and Examination of Pupils Under the Influence of Anabolic Steroids
1. Whenever any teaching staff member, certified or non-certified nurse or other
educational personnel have reason to believe that a pupil has used or may be
using anabolic steroids that person must report the matter as soon as possible
to the Principal (or, in the Principal's absence, to a person designated by the
Principal) and either the certified or non-certified school nurse or the school
physician or to the Substance Awareness Coordinator.
2. The Principal or designee, in response to every report, shall immediately
notify the pupil's parent(s) or legal guardian(s) and the Superintendent.
3. The Principal shall arrange for the immediate examination of the pupil by a
physician licensed to practice medicine or osteopathy selected by the parent(s)
or legal guardian(s). If the physician selected by the parent is not available
to perform the examination, the examination will be conducted by the school
physician or another physician identified by the Principal. An examination
conducted, at parental request, by a physician other than the school physician
or another physician identified by the Principal shall not be at the district’s
expense.
4. The pupil shall be examined as soon as possible for the purpose of
determining whether the pupil has been using anabolic steroids.
5. The Superintendent or designee may, but need not, disclose to law enforcement
authorities the identity of a pupil suspected or have used or who may be using
anabolic steroids. The Superintendent shall disclose to law enforcement
authorities the identity of a pupil reasonably believed to be in possession of
anabolic steroids or related paraphernalia or a pupil reasonably believed to be
involved or implicated in distribution activities involving anabolic steroids.
6. A written report of the examination of the pupil shall be furnished by the
examining physician to the pupil's parent(s) or legal guardian(s), the
Principal, and to the Superintendent.
7. If it is determined that the pupil has used anabolic steroids, an individual
who holds the Educational Services Certificate with the substance awareness
coordinator endorsement issued by the New Jersey State Board of Examiners or an
individual who holds either the school nurse, school nurse/non-instructional,
school psychologist, school counselor, school social worker or student personnel
services endorsement on the Educational Services Certificate and is trained to
assess alcohol and other drug abuse shall interview the pupil and others, as
necessary, for the purpose of determining the extent of the pupil’s involvement
with and use of anabolic steroids and the possible need for referral for
treatment. To make this determination, the school staff member(s) identified
above may conduct a reasonable investigation, which may include interviews with
the pupil’s teachers and parents and consultation with experts in pupil alcohol
or other drug abuse, as may be appropriate and necessary.
8. If the results of a referral for evaluation have positively determined that
the pupil's use of anabolic steroids represents a danger to the pupil's health
and well-being, the school staff member(s) identified in 7. above shall initiate
a referral for treatment to appropriate community agencies as defined in N.J.A.C.
6A:16-4.1(b), to out-of-State agencies licensed by the appropriate State
regulatory agency for alcohol and other drug services, or to private
practitioners certified by appropriate drug and alcohol licensing board.
E. Evaluation and Treatment of Pupils Under the Influence of a Substance Other
Than Anabolic Steroids
1. Any educational staff member or other professional to whom it appears that a
pupil may be currently under the influence of alcohol or other drugs on school
grounds, including on a school bus or at a school-sponsored function, shall
report the matter as soon as possible to the Principal and either the certified
school nurse, non-certified school nurse, the school physician, or the substance
awareness coordinator pursuant to N.J.S.A. 18A:40A-12. In the absence of the
Principal, his or her designee shall be notified. In instances where the
Principal and either the certified school nurse, non-certified school nurse, the
school physician or the substance awareness coordinator are not in attendance,
the staff member responsible for the school function shall be immediately
notified. The referring staff member shall complete the Violence, Vandalism and
Substance Abuse Incident Report, according to N.J.S.A. 18A:17-46 and N.J.A.C.
6A:16-5.3.
2. The Principal or designee, in response to every report, shall immediately
notify the pupil's parent(s) or legal guardian(s) and the Superintendent and/or
designee.
3. The Superintendent or designee may, but need not, disclose to law enforcement
authorities the identity of a pupil suspected to be under the influence of
alcohol or other drugs. The Superintendent shall disclose to law enforcement
authorities the identity of a pupil reasonably believed to be in possession of a
controlled dangerous substance or related paraphernalia or a pupil reasonably
believed to be involved or implicated in distribution activities regarding
controlled dangerous substances.
4. The Principal or designee, in response to every report, must arrange for an
immediate medical examination of the pupil for the purposes of providing
appropriate health care for the pupil and for determining whether the pupil is
under the influence of alcohol, or other drugs, other than anabolic steroids.
The medical examination shall be performed by a physician licensed to practice
medicine or osteopathy that is selected by the parent(s) or legal guardian(s).
If the parent’s or legal guardian’s physician licensed to practice medicine or
osteopathy is not immediately available, the medical examination shall be
conducted by the school physician. If neither the parent’s or legal guardian’s
physician nor the school physician is immediately available, the pupil shall be
taken to the emergency room of the nearest hospital for examination. The pupil
shall be accompanied by the pupil's parent(s) or legal guardian(s) if available
and by a member of the school staff appointed by the Principal. Parental or
legal guardian permission is not required for the school’s physician or
emergency room examination. The parent(s) or legal guardian(s) may, but is not
required to accompany the pupil to the school physician and/or emergency room.
The Principal and/or designee will supervise the pupil while the pupil is
waiting for the parent(s) or legal guardian(s) to take the pupil to the
physician selected by the parent, or waiting for and receiving the examination
by the school physician or in the emergency room. An examination conducted by a
physician selected by the parent(s) or legal guardian(s) shall be at the expense
of the parent and shall not be at the expense of the school district. An
examination conducted by the school physician or by a physician at the emergency
room of the nearest hospital shall be at the expense of the school district.
5. The school district, in cooperation with the medical professional licensed to
practice medicine or osteopathy will establish the minimum requirements to be
used for these medical examinations conducted in accordance with N.J.A.C.
6A:16-4.3 et seq. The minimum requirements for the examination will be
periodically reviewed and updated as needed. Any substance screening conducted
by the school nurse and/or other staff is not a substitute for the required
medical examination required in N.J.S.A. 18A:40A-12.
6. A written report of the examination of the pupil shall be furnished by the
examining physician to the pupil's parent(s) or legal guardian(s), the
Principal, and to the Superintendent within twenty-four hours of the referral of
the pupil for suspected drug or alcohol use. The findings of the report shall
verify whether the pupil’s alcohol or other drug use interferes with his or her
physical and mental ability to perform in school.
7. When the medical examination is performed by a physician other than the
school physician or at the emergency room of the nearest hospital, the parent is
required to verify within twenty-four hours of the notification that the pupil
is suspected of alcohol or other drug use that the medical examination in
accordance with this Policy was performed. The verification shall include, at a
minimum, the printed name, address and phone number, date and time of the
medical examination, signature of the examining physician and the date by which
the written report of the examination will be provided.
8. If the written report of the examination is not submitted to the parent,
Principal or Superintendent within twenty-four hours of the referral of the
pupil, the pupil will be allowed to return to school until such time a positive
determination of alcohol or other drug use is received from the physician.
9. If the written report of the medical examination verifies that alcohol or
other drugs do not interfere with the pupil’s physical and mental ability to
perform in school, the pupil will be immediately returned to school.
10. If there is a positive determination from the medical examination,
indicating the pupil’s alcohol or other drug use interferes with his or her
physical or mental ability to perform in school the pupil will be returned to
the parent’s care as soon as possible. Attendance at school will not resume
until a written report has been submitted to the parent(s) or legal guardian(s),
Principal and Superintendent from the physician who has examined the pupil to
determine whether alcohol or other drug use interferes with his or her physical
or mental ability to perform in school. The report must verify the pupil’s
alcohol or other drug use no longer interferes with the pupil’s physical and
mental ability to perform in school. Removal of a pupil with a disability shall
be made in accordance with N.J.A.C. 6A:14.
11. Refusal or failure by a parent/legal guardian to comply with the provisions
of N.J.S.A. 18A:40A-12 and N.J.A.C. 6A:16-4.3 shall be treated as a policy
violation of the Compulsory Education Act pursuant to N.J.S.A. 18A:38-25 and
18A:38-31, and child neglect laws pursuant to N.J.S.A. 9:6-1 et seq., and
N.J.A.C. 6A:16-11. Refusal or failure of a pupil to comply with N.J.S.A.
18A:40A-12 and N.J.A.C. 6A:16-4.3 shall be treated by the school district as a
policy violation and handled in accordance with N.J.A.C. 6A:16-4.1(c)2.
12. While the pupil is home because of the medical examination or after the
pupil returns to school, an individual who holds the Educational Services
Certificate with the substance awareness coordinator endorsement issued by the
New Jersey State Board of Examiners or an individual who holds either the school
nurse, school nurse/non-instructional, school psychologist, school counselor,
school social worker or student personnel services endorsement on the
Educational Services Certificate and is trained to assess alcohol and other drug
abuse shall:
a. Conduct an alcohol and other drug assessment of the pupil and a reasonable
investigation of the situation, which may include interviews with the pupil’s
teachers and parents and consultation with experts in pupil alcohol or other
drug abuse as may be appropriate and necessary, for the purpose of making a
preliminary determination of the pupil’s need for educational programs,
supportive services or treatment which extend beyond the general school program
by virtue of the use of alcohol or other drugs by the pupil. The findings of the
assessment alone shall not prevent a pupil from attending school; and
b. Cooperate with community agencies as defined in N.J.A.C. 6A:16-4.1(b) and
juvenile justice officials in providing evaluation, referral and continuity of
care for substance abuse treatment.
13. While the pupil is at home because of the medical examination or after the
pupil returns to school, the Principal or Superintendent may recommend or
require alcohol and other drug assessment of the pupil or evaluation by
appropriately certified or licensed professionals to make a positive
determination of a pupil’s need for programs and services which extend beyond
the general school program, as necessary. The findings of these additional
evaluations alone shall not be used to prevent a pupil from attending school.
14. If at any time it is determined a pupil’s use of substances presents a
danger to the pupil’s health and well-being, an individual who holds the
Educational Services Certificate with the substance awareness coordinator
endorsement issued by the New Jersey State Board of Examiners or an individual
who holds either the school nurse, school nurse/non-instructional, school
psychologist, school counselor, school social worker or student personnel
services endorsement on the Educational Services Certificate and is trained in
alcohol and other drug abuse treatment referral shall initiate a referral for
substance abuse treatment.
15. Any educational or non-educational school staff member who in good faith
reports a pupil to the Principal or Principal’s designee in compliance with
N.J.A.C. 6A:16-4.3 and this Policy shall not be liable in civil damages as a
result of making such a report, as specified in N.J.S.A. 18A:40A-13 and 14.
16. The district may provide additional intervention and referral services for
the pupil according to the requirements of N.J.S.A. 18A:40A-10 and N.J.A.C.
6A:16-7.1 through 7.3.
F. Presence of Substances on School Premises
1. A pupil's person, effects, or school storage places may be searched for
substances in accordance with Policy No. 5770.
2. The Principal or other school officer conducting the search shall confiscate
as evidence any substance found in the pupil's possession.
a. Any controlled dangerous substance as defined in N.J.S.A. 24:21-1 or at
N.J.S.A. 2C:35-2, including controlled dangerous analogs and drug paraphernalia,
shall be handled in accordance with Policy No. 9322 and implementing
regulations.
b. Any substance or evidence of the use of a substance other than a controlled
dangerous substance shall be sealed in an appropriate container and labeled with
the date, name of the pupil, and name of the school official who conducted the
search and found the drug. The evidence shall be locked in a secure place until
it is no longer required for a determination of the pupil's involvement with a
substance other than a controlled dangerous substance.
G. Outreach to Parents
1. An outreach program will be provided for the parent(s) or legal guardian(s)
of pupils enrolled in the district. The program will be conducted at times,
including evenings and weekends, convenient to parent(s) or legal guardian(s)
and on school premises or at suitable facilities closer to pupil's residences or
parents' workplaces.
2. The parents' outreach program will include:
a. A thorough and comprehensive review of the substance abuse instruction
curriculum to be taught to the children of the parents during the school year;
b. Recommendations as to the ways in which parent(s) or legal guardian(s) may
enhance, reinforce, and supplement substance abuse instruction;
c. Information on the pharmacology, physiology, psychosocial, and legal aspects
of substance abuse;
d. Instruction on the identification of the symptoms and behavioral patterns
that might indicate a substance abuser;
e. Information on the State and local organizations available to assist in the
prevention of substance abuse and the early intervention, treatment, and
rehabilitation of substance abusers; and
f. Review of Board policy and administrative regulations on substance abuse with
attention to the role of parents.
H. Records
1. Notations concerning a pupil's involvement with substances may be entered on
his/her records, subject to Policy No. 8330 regarding confidentiality and
limited access. All such notations shall be expunged when they are no longer
required for the counseling or discipline of the pupil or when the pupil leaves
school.
2. Information regarding a pupil's involvement in a school intervention or
treatment program shall be kept strictly confidential in accordance with §408 of
the Drug Abuse Prevention, Treatment, and Rehabilitation Act, 42 U.S.C. 290
ee-3, and implementing regulations, 42 CFR Part 2.
3. If an elementary or secondary pupil involved in a school-based drug and
alcohol counseling program provides information during the course of a
counseling session in that program which indicates that the pupil’s parent(s) or
legal guardian(s) or other person residing in the pupil’s household is dependent
upon or illegally using a substance as that term is defined in N.J.S.A.
18A:40A-9, that information shall be kept confidential and may be disclosed only
under the circumstances expressly authorized as follows:
a. Subject to the pupil’s written consent, to another person or entity whom the
pupil specifies in writing in the case of a secondary pupil, or to a member of
the pupil’s immediate family or the appropriate school personnel in the case of
an elementary pupil;
b. Pursuant to a court order;
c. To a person engaged in a bona fide research purpose; except that no names or
other information identifying the pupil or the person with respect to whose
substance abuse the information was provided, shall be made available to the
researcher; or
d. To the Division of Youth and Family Services or to a law enforcement agency,
if the information would cause a person to reasonably suspect that the
elementary or secondary pupil or another child may be an abused or neglected
child.
Any disclosure made pursuant to a. and b. above shall be limited to that
information which is necessary to carry out the purpose of the disclosure, and
the person or entity to whom the information is disclosed shall be prohibited
from making any further disclosure of that information without the pupil’s
written consent. The disclosure must be accompanied by a written statement from
the Superintendent or Principal advising the recipient that the information is
being disclosed from the records the confidentiality of which is protected by
P.L. 1997,362 (N.J.S.A. 18A:40A-7.1 et seq.) and that this law prohibits any
further disclosure of this information without the written consent of the person
from whom the information originated.
Nothing in this policy prevents the Division of Youth and Family Services or a
law enforcement agency from using or disclosing the information in the course of
conducting an investigation or prosecution. Nothing in this policy shall be
construed as authorizing a violation of any federal law.
The prohibition on the disclosure of information provided by a pupil shall apply
whether the person to whom the information was provided believes that the person
seeking the information already has it, has other means of obtaining it, is a
law enforcement or other public official, has obtained a subpoena, or asserts
any other justification for the disclosure of this information.
A person who discloses or willfully permits the disclosure of information
provided by a pupil in violation of this policy is subject to fines in
accordance with N.J.S.A. 18A:40A-7.2.
4. Each incident of substance abuse shall be reported to the Commissioner on the
Violence, Vandalism and Substance Abuse Incident Report form.
Issued: 28 September 1999
Revised: 26 April 2004
Revised: 6 November 2007
R 5530 SUBSTANCE ABUSE
The following procedures are established in implementation of Policy No. 5530,
Substance Abuse.
A. Definitions
1. “Evaluation” means those procedures used by a certified or licensed
professional to make a positive determination of a pupil’s need for programs and
services which extend beyond the general school program by virtue of learning,
behavior or health difficulties of the pupil or the pupil’s family.
2. “Intervention” means those programs, services and actions taken to identify
and offer help to a pupil at risk for learning, behavior or health difficulties.
3. “Referral for evaluation” means those programs and services offered to a
pupil or his or her family in order to make a positive determination regarding a
pupil’s need for services which extend beyond the general school program.
4. “Parent” means the natural parent(s) or adoptive parent(s), legal guardian(s),
foster parent(s) or parent surrogate(s) of a pupil. Where parents are separated
or divorced, “parent” means the person or agency who has legal custody of the
pupil, as well as the natural or adoptive parent(s) of the pupil, provided such
parental rights have not been terminated by a court of appropriate jurisdiction.
5. “Substance” means alcoholic beverages, controlled dangerous substances,
including anabolic steroids as defined at N.J.S.A. 24:21-2 and N.J.S.A. 2C:35-2,
any chemical or chemical compound which releases vapors or fumes causing a
condition of intoxication, inebriation,
excitement, stupefaction, or dulling of the brain or nervous system, including,
but not limited to, glue containing a solvent having the property of releasing
toxic vapors or fumes as defined at N.J.S.A. 2C:35-10.4 and over-the-counter and
prescription medications which are improperly used to cause intoxication,
inebriation, excitement, stupefaction, or dulling of the brain or nervous
system.
6. “Substance abuse” means the consumption or use of any substance for purposes
other than for the treatment of sickness or injury as prescribed or administered
by a person duly authorized by law to treat sick and injured human beings.
7. “Under the influence” of substances means that the pupil is observed in the
use of a substance or exhibits physical and/or behavioral characteristics that
indicate the immediate use of a substance.
B. Discipline
1. Any violation of Board rules prohibiting the use, possession and/or
distribution of a substance is a serious offense, and the pupil who violates a
substance abuse rule will be disciplined accordingly. Repeated violations are
more severe offenses and warrant stricter disciplinary measures. Pupils who
violate the substance abuse rules will be disciplined as follows:
a. First offense: minimum of 5 days of suspension, counseling and evaluation for
treatment at the parent’s expense, parent conference and community service.
b. Second offense: minimum of 7 days of suspension, counseling and evaluation
for treatment at the parent’s expense, parent conference.
c. Third offense: minimum of 10 day suspension, referral for Board of Education
Hearing for possible expulsion.
2. In accordance with N.J.A.C. 6A:16-4.1(c), the following disciplinary action
will be taken in the event the pupil does not follow through on the
recommendations of an evaluation for alcohol or other drug abuse and related
behaviors:
a. First offense: up to 5 day suspension and parent conference.
b. Second offense: up to 7 day suspension and parent conference.
c. Third offense: 10 day suspension and referral for Board of Education for
possible expulsion.
C. Identification and Remediation of Pupils Involved with Substances.
1. Teaching staff members shall be alert to the signs of a pupil's involvement
with substances, in accordance with the training offered in in-service training
sessions.
2. A teaching staff member who suspects that a pupil is involved with
substances, but not under the influence of them, should refer the pupil to the
School Nurse, the Substance Awareness Coordinator, a Guidance Counselor, the
Child Study Team, or another professional staff member or trained resource
person, as appropriate. The staff member shall notify the Principal of the
referral; if appropriate, the Principal should notify the pupil's parent(s) or
legal guardian(s) of the referral and discuss with the parent(s) or legal
guardian(s) the possibility of medical or therapeutic treatment.
3. When a pupil involved with substances has discussed his/her involvement with
a teaching staff member with an expectation of confidentiality, the staff member
may respect that confidence. The teaching staff member should encourage the
pupil to seek aid from a professional trained in counseling and to confide in
his/her parent(s) or legal guardian(s). When the staff member believes that the
pupil requires professional counseling or intervention that the pupil will not
seek on his/her own, the staff member may report the pupil to the Principal, who
shall determine whether to notify the pupil's parent(s) or legal guardian(s) and
may report the pupil to an appropriate district professional or trained resource
person or to an appropriate agency for evaluation and possible treatment.
D. Reporting and Examination of Pupils Under the Influence of Anabolic Steroids
1. Whenever any teaching staff member, certified or non-certified nurse or other
educational personnel have reason to believe that a pupil has used or may be
using anabolic steroids that person must report the matter as soon as possible
to the Principal (or, in the Principal's absence, to a person designated by the
Principal) and either the certified or non-certified school nurse or the school
physician or to the Substance Awareness Coordinator.
2. The Principal or designee, in response to every report, shall immediately
notify the pupil's parent(s) or legal guardian(s) and the Superintendent.
3. The Principal shall arrange for the immediate examination of the pupil by a
physician licensed to practice medicine or osteopathy selected by the parent(s)
or legal guardian(s). If the physician selected by the parent is not available
to perform the examination, the examination will be conducted by the school
physician or another physician identified by the Principal. An examination
conducted, at parental request, by a physician other than the school physician
or another physician identified by the Principal shall not be at the district’s
expense.
4. The pupil shall be examined as soon as possible for the purpose of
determining whether the pupil has been using anabolic steroids.
5. The Superintendent or designee may, but need not, disclose to law enforcement
authorities the identity of a pupil suspected or have used or who may be using
anabolic steroids. The Superintendent shall disclose to law enforcement
authorities the identity of a pupil reasonably believed to be in possession of
anabolic steroids or related paraphernalia or a pupil reasonably believed to be
involved or implicated in distribution activities involving anabolic steroids.
6. A written report of the examination of the pupil shall be furnished by the
examining physician to the pupil's parent(s) or legal guardian(s), the
Principal, and to the Superintendent.
7. If it is determined that the pupil has used anabolic steroids, an individual
who holds the Educational Services Certificate with the substance awareness
coordinator endorsement issued by the New Jersey State Board of Examiners or an
individual who holds either the school nurse, school nurse/non-instructional,
school psychologist, school counselor, school social worker or student personnel
services endorsement on the Educational Services Certificate and is trained to
assess alcohol and other drug abuse shall interview the pupil and others, as
necessary, for the purpose of determining the extent of the pupil’s involvement
with and use of anabolic steroids and the possible need for referral for
treatment. To make this determination, the school staff member(s) identified
above may conduct a reasonable investigation, which may include interviews with
the pupil’s teachers and parents and consultation with experts in pupil alcohol
or other drug abuse, as may be appropriate and necessary.
8. If the results of a referral for evaluation have positively determined that
the pupil's use of anabolic steroids represents a danger to the pupil's health
and well-being, the school staff member(s) identified in 7. above shall initiate
a referral for treatment to appropriate community agencies as defined in N.J.A.C.
6A:16-4.1(b), to out-of-State agencies licensed by the appropriate State
regulatory agency for alcohol and other drug services, or to private
practitioners certified by appropriate drug and alcohol licensing board.
E. Evaluation and Treatment of Pupils Under the Influence of a Substance Other
Than Anabolic Steroids
1. Any educational staff member or other professional to whom it appears that a
pupil may be currently under the influence of alcohol or other drugs on school
grounds, including on a school bus or at a school-sponsored function, shall
report the matter as soon as possible to the Principal and either the certified
school nurse, non-certified school nurse, the school physician, or the substance
awareness coordinator pursuant to N.J.S.A. 18A:40A-12. In the absence of the
Principal, his or her designee shall be notified. In instances where the
Principal and either the certified school nurse, non-certified school nurse, the
school physician or the substance awareness coordinator are not in attendance,
the staff member responsible for the school function shall be immediately
notified. The referring staff member shall complete the Violence, Vandalism and
Substance Abuse Incident Report, according to N.J.S.A. 18A:17-46 and N.J.A.C.
6A:16-5.3.
2. The Principal or designee, in response to every report, shall immediately
notify the pupil's parent(s) or legal guardian(s) and the Superintendent and/or
designee.
3. The Superintendent or designee may, but need not, disclose to law enforcement
authorities the identity of a pupil suspected to be under the influence of
alcohol or other drugs. The Superintendent shall disclose to law enforcement
authorities the identity of a pupil reasonably believed to be in possession of a
controlled dangerous substance or related paraphernalia or a pupil reasonably
believed to be involved or implicated in distribution activities regarding
controlled dangerous substances.
4. The Principal or designee, in response to every report, must arrange for an
immediate medical examination of the pupil for the purposes of providing
appropriate health care for the pupil and for determining whether the pupil is
under the influence of alcohol, or other drugs, other than anabolic steroids.
The medical examination shall be performed by a physician licensed to practice
medicine or osteopathy that is selected by the parent(s) or legal guardian(s).
If the parent’s or legal guardian’s physician licensed to practice medicine or
osteopathy is not immediately available, the medical examination shall be
conducted by the school physician. If neither the parent’s or legal guardian’s
physician nor the school physician is immediately available, the pupil shall be
taken to the emergency room of the nearest hospital for examination. The pupil
shall be accompanied by the pupil's parent(s) or legal guardian(s) if available
and by a member of the school staff appointed by the Principal. Parental or
legal guardian permission is not required for the school’s physician or
emergency room examination. The parent(s) or legal guardian(s) may, but is not
required to accompany the pupil to the school physician and/or emergency room.
The Principal and/or designee will supervise the pupil while the pupil is
waiting for the parent(s) or legal guardian(s) to take the pupil to the
physician selected by the parent, or waiting for and receiving the examination
by the school physician or in the emergency room. An examination conducted by a
physician selected by the parent(s) or legal guardian(s) shall be at the expense
of the parent and shall not be at the expense of the school district. An
examination conducted by the school physician or by a physician at the emergency
room of the nearest hospital shall be at the expense of the school district.
5. The school district, in cooperation with the medical professional licensed to
practice medicine or osteopathy will establish the minimum requirements to be
used for these medical examinations conducted in accordance with N.J.A.C.
6A:16-4.3 et seq. The minimum requirements for the examination will be
periodically reviewed and updated as needed. Any substance screening conducted
by the school nurse and/or other staff is not a substitute for the required
medical examination required in N.J.S.A. 18A:40A-12.
6. A written report of the examination of the pupil shall be furnished by the
examining physician to the pupil's parent(s) or legal guardian(s), the
Principal, and to the Superintendent within twenty-four hours of the referral of
the pupil for suspected drug or alcohol use. The findings of the report shall
verify whether the pupil’s alcohol or other drug use interferes with his or her
physical and mental ability to perform in school.
7. When the medical examination is performed by a physician other than the
school physician or at the emergency room of the nearest hospital, the parent is
required to verify within twenty-four hours of the notification that the pupil
is suspected of alcohol or other drug use that the medical examination in
accordance with this Policy was performed. The verification shall include, at a
minimum, the printed name, address and phone number, date and time of the
medical examination, signature of the examining physician and the date by which
the written report of the examination will be provided.
8. If the written report of the examination is not submitted to the parent,
Principal or Superintendent within twenty-four hours of the referral of the
pupil, the pupil will be allowed to return to school until such time a positive
determination of alcohol or other drug use is received from the physician.
9. If the written report of the medical examination verifies that alcohol or
other drugs do not interfere with the pupil’s physical and mental ability to
perform in school, the pupil will be immediately returned to school.
10. If there is a positive determination from the medical examination,
indicating the pupil’s alcohol or other drug use interferes with his or her
physical or mental ability to perform in school the pupil will be returned to
the parent’s care as soon as possible. Attendance at school will not resume
until a written report has been submitted to the parent(s) or legal guardian(s),
Principal and Superintendent from the physician who has examined the pupil to
determine whether alcohol or other drug use interferes with his or her physical
or mental ability to perform in school. The report must verify the pupil’s
alcohol or other drug use no longer interferes with the pupil’s physical and
mental ability to perform in school. Removal of a pupil with a disability shall
be made in accordance with N.J.A.C. 6A:14.
11. Refusal or failure by a parent/legal guardian to comply with the provisions
of N.J.S.A. 18A:40A-12 and N.J.A.C. 6A:16-4.3 shall be treated as a policy
violation of the Compulsory Education Act pursuant to N.J.S.A. 18A:38-25 and
18A:38-31, and child neglect laws pursuant to N.J.S.A. 9:6-1 et seq., and
N.J.A.C. 6A:16-11. Refusal or failure of a pupil to comply with N.J.S.A.
18A:40A-12 and N.J.A.C. 6A:16-4.3 shall be treated by the school district as a
policy violation and handled in accordance with N.J.A.C. 6A:16-4.1(c)2.
12. While the pupil is home because of the medical examination or after the
pupil returns to school, an individual who holds the Educational Services
Certificate with the substance awareness coordinator endorsement issued by the
New Jersey State Board of Examiners or an individual who holds either the school
nurse, school nurse/non-instructional, school psychologist, school counselor,
school social worker or student personnel services endorsement on the
Educational Services Certificate and is trained to assess alcohol and other drug
abuse shall:
a. Conduct an alcohol and other drug assessment of the pupil and a reasonable
investigation of the situation, which may include interviews with the pupil’s
teachers and parents and consultation with experts in pupil alcohol or other
drug abuse as may be appropriate and necessary, for the purpose of making a
preliminary determination of the pupil’s need for educational programs,
supportive services or treatment which extend beyond the general school program
by virtue of the use of alcohol or other drugs by the pupil. The findings of the
assessment alone shall not prevent a pupil from attending school; and
b. Cooperate with community agencies as defined in N.J.A.C. 6A:16-4.1(b) and
juvenile justice officials in providing evaluation, referral and continuity of
care for substance abuse treatment.
13. While the pupil is at home because of the medical examination or after the
pupil returns to school, the Principal or Superintendent may recommend or
require alcohol and other drug assessment of the pupil or evaluation by
appropriately certified or licensed professionals to make a positive
determination of a pupil’s need for programs and services which extend beyond
the general school program, as necessary. The findings of these additional
evaluations alone shall not be used to prevent a pupil from attending school.
14. If at any time it is determined a pupil’s use of substances presents a
danger to the pupil’s health and well-being, an individual who holds the
Educational Services Certificate with the substance awareness coordinator
endorsement issued by the New Jersey State Board of Examiners or an individual
who holds either the school nurse, school nurse/non-instructional, school
psychologist, school counselor, school social worker or student personnel
services endorsement on the Educational Services Certificate and is trained in
alcohol and other drug abuse treatment referral shall initiate a referral for
substance abuse treatment.
15. Any educational or non-educational school staff member who in good faith
reports a pupil to the Principal or Principal’s designee in compliance with
N.J.A.C. 6A:16-4.3 and this Policy shall not be liable in civil damages as a
result of making such a report, as specified in N.J.S.A. 18A:40A-13 and 14.
16. The district may provide additional intervention and referral services for
the pupil according to the requirements of N.J.S.A. 18A:40A-10 and N.J.A.C.
6A:16-7.1 through 7.3.
F. Presence of Substances on School Premises
1. A pupil's person, effects, or school storage places may be searched for
substances in accordance with Policy No. 5770.
2. The Principal or other school officer conducting the search shall confiscate
as evidence any substance found in the pupil's possession.
a. Any controlled dangerous substance as defined in N.J.S.A. 24:21-1 or at
N.J.S.A. 2C:35-2, including controlled dangerous analogs and drug paraphernalia,
shall be handled in accordance with Policy No. 9322 and implementing
regulations.
b. Any substance or evidence of the use of a substance other than a controlled
dangerous substance shall be sealed in an appropriate container and labeled with
the date, name of the pupil, and name of the school official who conducted the
search and found the drug. The evidence shall be locked in a secure place until
it is no longer required for a determination of the pupil's involvement with a
substance other than a controlled dangerous substance.
G. Outreach to Parents
1. An outreach program will be provided for the parent(s) or legal guardian(s)
of pupils enrolled in the district. The program will be conducted at times,
including evenings and weekends, convenient to parent(s) or legal guardian(s)
and on school premises or at suitable facilities closer to pupil's residences or
parents' workplaces.
2. The parents' outreach program will include:
a. A thorough and comprehensive review of the substance abuse instruction
curriculum to be taught to the children of the parents during the school year;
b. Recommendations as to the ways in which parent(s) or legal guardian(s) may
enhance, reinforce, and supplement substance abuse instruction;
c. Information on the pharmacology, physiology, psychosocial, and legal aspects
of substance abuse;
d. Instruction on the identification of the symptoms and behavioral patterns
that might indicate a substance abuser;
e. Information on the State and local organizations available to assist in the
prevention of substance abuse and the early intervention, treatment, and
rehabilitation of substance abusers; and
f. Review of Board policy and administrative regulations on substance abuse with
attention to the role of parents.
H. Records
1. Notations concerning a pupil's involvement with substances may be entered on
his/her records, subject to Policy No. 8330 regarding confidentiality and
limited access. All such notations shall be expunged when they are no longer
required for the counseling or discipline of the pupil or when the pupil leaves
school.
2. Information regarding a pupil's involvement in a school intervention or
treatment program shall be kept strictly confidential in accordance with §408 of
the Drug Abuse Prevention, Treatment, and Rehabilitation Act, 42 U.S.C. 290
ee-3, and implementing regulations, 42 CFR Part 2.
3. If an elementary or secondary pupil involved in a school-based drug and
alcohol counseling program provides information during the course of a
counseling session in that program which indicates that the pupil’s parent(s) or
legal guardian(s) or other person residing in the pupil’s household is dependent
upon or illegally using a substance as that term is defined in N.J.S.A.
18A:40A-9, that information shall be kept confidential and may be disclosed only
under the circumstances expressly authorized as follows:
a. Subject to the pupil’s written consent, to another person or entity whom the
pupil specifies in writing in the case of a secondary pupil, or to a member of
the pupil’s immediate family or the appropriate school personnel in the case of
an elementary pupil;
b. Pursuant to a court order;
c. To a person engaged in a bona fide research purpose; except that no names or
other information identifying the pupil or the person with respect to whose
substance abuse the information was provided, shall be made available to the
researcher; or
d. To the Division of Youth and Family Services or to a law enforcement agency,
if the information would cause a person to reasonably suspect that the
elementary or secondary pupil or another child may be an abused or neglected
child.
Any disclosure made pursuant to a. and b. above shall be limited to that
information which is necessary to carry out the purpose of the disclosure, and
the person or entity to whom the information is disclosed shall be prohibited
from making any further disclosure of that information without the pupil’s
written consent. The disclosure must be accompanied by a written statement from
the Superintendent or Principal advising the recipient that the information is
being disclosed from the records the confidentiality of which is protected by
P.L. 1997,362 (N.J.S.A. 18A:40A-7.1 et seq.) and that this law prohibits any
further disclosure of this information without the written consent of the person
from whom the information originated.
Nothing in this policy prevents the Division of Youth and Family Services or a
law enforcement agency from using or disclosing the information in the course of
conducting an investigation or prosecution. Nothing in this policy shall be
construed as authorizing a violation of any federal law.
The prohibition on the disclosure of information provided by a pupil shall apply
whether the person to whom the information was provided believes that the person
seeking the information already has it, has other means of obtaining it, is a
law enforcement or other public official, has obtained a subpoena, or asserts
any other justification for the disclosure of this information.
A person who discloses or willfully permits the disclosure of information
provided by a pupil in violation of this policy is subject to fines in
accordance with N.J.S.A. 18A:40A-7.2.
4. Each incident of substance abuse shall be reported to the Commissioner on the
Violence, Vandalism and Substance Abuse Incident Report form.
Issued: 28 September 1999
Revised: 26 April 2004
Revised: 6 November 2007
BACK TO TOP
R
8461 REPORTING VIOLENCE, VANDALISM, ALCOHOL,
AND OTHER DRUG ABUSE
Any school employee who observes or has direct knowledge from a participant or
victim of an act of violence or the possession or distribution of alcohol or
other drugs on school grounds, and any school employee who reports a pupil for
being under the influence of alcohol or other drugs, according to the
requirements of N.J.S.A. 18A:40A-12 and N.J.A.C. 6A:16-4.3, shall file a report
describing the incident to the school Principal, in accordance with N.J.S.A.
18A:17-46. The report shall be on a form to include all of the incident detail
and offender and victim information that are reported on the Electronic Violence
and Vandalism Reporting System (EVVRS).
A. Reporting Violence, Vandalism, Alcohol or Other Drug Use
1. For each incident report of violence, vandalism, or alcohol or other drug
abuse, the Principal shall:
a. Review the incident report for accuracy in indicating the incident type,
offender information, victim information, pupil demographics, and incident
location;
b. Forward a copy of the incident report to the Superintendent; and
c. Notify the Superintendent of the action taken regarding the incident.
2. The Board shall not discharge or subject to any manner of discrimination any
school employee who files a report pursuant to N.J.A.C. 6A:16-5.3.
3. The majority representative of the school employees’ bargaining units shall
have access monthly to the number and disposition of all reported acts of school
violence and vandalism, pursuant to N.J.S.A. 18A:17-46.
a. Personally identifying information may be provided to the majority
representative of the school employees’ bargaining units only in instances when
school administrators have reason to believe that the safety of a school staff
member is at risk.
B. Annual Reporting Requirements
1. The Superintendent annually shall:
a. Submit a report to the Commissioner of Education of each incident of
violence, vandalism and alcohol and other drug abuse in the school district
utilizing the EVVRS;
(1) Prior to submission, the Superintendent shall review the report to verify
that it is an accurate and final report of all incidences of violence and
vandalism in all of the schools in the school district;
(2) Verify that the data entered onto the EVVRS are correct and in accordance
with N.J.A.C. 6A:16-7.1(a)6; and
(3) Provide for the annual training of staff to prepare them to fulfill the
reporting requirements set forth in N.J.A.C. 6A:16-5.3.
C. Annual Hearing Requirements
1. At an annual hearing held pursuant to N.J.S.A. 18A:17-46, the Superintendent
shall report to the Board all acts of violence, vandalism, and incidents of
alcohol and other drug abuse that
occurred during the previous school year, according to the provisions of N.J.S.A.
18A:17-46.
2. The proceedings of the public hearing shall be transcribed, kept on file by
the Board in the Superintendent’s office and made available to the public,
pursuant to N.J.S.A. 18A:17-46.
3. The Superintendent shall file the transcript of the public hearing with the
Department of Education by November 1 of each year, pursuant to N.J.S.A.
18A:17-46.
D. Knowingly Falsifying The Annual Violence and Vandalism Report Required Under
N.J.S.A. 18A:17-46
1. Whenever it is alleged that a school employee has knowingly falsified the
annual report, the Board shall make a determination regarding whether the
employee committed the act.
2. Any employee alleged to have knowingly falsified the annual report shall be
notified in writing of such allegation and shall be entitled to a hearing before
the Board.
a. The hearing shall take place within thirty business days of the date on which
the employee is notified of the allegation;
b. The employee shall be entitled to be represented by a person of his or her
choosing and to present witnesses on his or her behalf; and
c. The Board shall notify the employee of its determination in writing within
five school days of the hearing.
3. Upon determination by the Board that an employee has knowingly falsified the
annual report, it shall take one or more of the following actions:
a. Impose minor discipline on a tenured or non-tenured employee notwithstanding
any other law to the contrary and if negotiated with the majority representative
of the employees in the appropriate collective bargaining unit;
b. Withhold a tenured or nontenured employee’s increment for predominantly
disciplinary reasons, which shall be subject to the grievance procedures
established pursuant to law and shall be subject to the grievance procedures of
section 8 of N.J.S.A. 34:13A-29;
c. File tenure charges with the Secretary of the Board in writing and with a
written statement of evidence under oath to support such charges;
d. Terminate employment for an employee:
(1) For tenured employees, the termination shall be in accordance with the
outcome of the proceedings in D.3.c. above; or
(2) Impose such other disciplinary sanctions as may be authorized by law.
4. Any action taken by the Board pursuant to D.3. above shall be based on its
consideration of the nature of the conduct, the circumstances under which it
occurred, and the employee’s prior employment record.
5. Any employee having been found responsible for the falsification of the
annual report by the Board shall have the right to:
a. File a grievance under their respective bargaining agreements;
b. Appeal the Board’s determination to the Commissioner of Education in
accordance with N.J.A.C. 6A:3-1.3 through 1.17 and subsequently to the State
Board of Education; or
c. Appeal the decision to the Superior Court of New Jersey.
6. The availability of appeal options shall be based upon the action taken by
the Board.
A Board of Education shall submit and implement corrective action plans for high
incidences of violence, vandalism, or alcohol or other drug abuse upon
notification by the Commissioner of Education.
Issued: 6 November 2007
BACK TO TOP
|
Hope
Township School