The Nutley Board of Education recognizes that substance abuse presents a problem in society and is a violation of law that presents a danger to the student involved and to other students.  It is the Board’s responsibility to provide a safe school environment and to help our students reach their potential.  To this end, the Board has developed and implemented a proactive substance abuse policy to include clear procedures and a comprehensive student assistance program (SAP).  The policy and SAP focus on rewarding positive behaviors and intervening upon the negative effects of alcohol/drug usage.

The following are excerpts from the Board of Education’s recently–revised policy and procedure on alcohol, tobacco, and other drug abuse.  This is an informational overview and is not intended as full text.  For interpretation of the policy and procedures contact:

STUDENT ASSISTANCE COORDINATORS

Discipline

Students are prohibited from possessing, consuming, or distributing drugs or alcohol in any form while at school, in co-curricular and extra-curricular programs, on school grounds, and when attending a school-related function on or off campus.  Students are further prohibited from smoking cigarettes or using other tobacco products in any form in school buildings, on any school grounds, in co-curricular and extra-curricular programs, and when attending a school-related function on or off campus.

In accordance with state and federal laws and regulations, students suspected of being “under the influence” shall be subject to medical examination at the parent/guardian’s expense, suspension and other disciplinary measures as established by this policy.

The Board pledges its full cooperation with law enforcement officials in the conduct of their duties to maintain a drug free school zone in a cooperative agreement between the school district and Nutley Police.  Students and their parent(s)/guardian(s) are advised that New Jersey laws may require additional penalties beyond school sanctions for drug-related offenses on and off school grounds in accordance with Drug Free School Zones statute.

The Board intends to use the disciplinary sanctions of this policy as a means of helping students recover from the debilitating effects of substance abuse.  It is in this spirit that the development and enforcement of this policy is intended.

Students Voluntarily Seeking Help for Drugs, Tobacco, or Alcohol Use

1. Students are encouraged to seek help for problems with or related to tobacco, drug and/or alcohol use.  Specific staff members and services are provided for direct assistance or confidential referral for students seeking help with a tobacco, alcohol, drug or other problem related to their substance use or use by someone in a close relationship with such students.
   1. The Student Assistance Counselors will be allowed to maintain confidentiality of conversations with students meeting the following criteria:
      1. The student’s health is not in imminent danger;
      2. The information does not make the staff member accessory to an illegal actions;
      3. The information does not indicate that the health or safety of the student or another individual is threatened.
      4. Every effort shall be made to have the student discuss their involvement with alcohol and other drugs with the I&RS Team and parent/guardian.
   2. Voluntarily seeking help does not prevent the school staff from charging a student with suspicion of being under the influence at another time.

Students Suspected of Being Under the Influence of Substances

1. In conformance with N.J.A.C. 6A:16-4.3, staff members must immediately report to the designated building administrator and the school nurse any student exhibiting behavior, or a pattern of behavior, or whose physical condition is consistent with the signs and the signs and symptoms of being under the influence of alcohol or other drugs.
   1. When a student is suspected of being under the influence of drugs or alcohol, the steps below will be followed in the order listed:
      1. The staff member who expresses concern shall immediately contact either the building principal or his/her designee, and subsequently complete the Violence, Vandalism and Substance Abuse Incident Report, according to the requirements of N.J.S.A. 18A:40A-12 and N.J.A.C. 6A:16-5.3.
      2. The administrator will locate the student and escort him/her directly to a confidential and inconspicuous location where the nurse, appropriate administrator, SAC, and/or a representative of the I&RS Team will meet with the student, as soon as possible.
      3. When a student is in need of immediate medical attention, the building administrator shall take appropriate action to insure that Emergency Medical Services or the Nutley Police transport the student to the nearest hospital emergency room
      4. Immediate contact with parent/guardian shall be initiated, except in cases where a student is 18 years old and has not waived his/her rights.
      5. The parent/guardian shall be directed to take the student for an immediate medical examination by either the Board of Education Physician (to be designated annually), or a physician of their own choosing which shall then be at the family’s expense instead of being performed at no charge.
      6. The student shall receive an immediate medical dismissal for the remainder of the school day and picked-up by his/her parent or guardian to receive a medical examination and drug screen within two hours .
      7. If the parent or guardian is UNAVAILABLE to have the student tested in the allotted time, the parent may grant a verbal or written release that permits the administrator to accompany the student to the Board of Education Physician or other appropriate facility along with a release for the facility to perform a medical examination and administer the chemical screen. If, in the opinion of the nurse, it is inadvisable for the administrator to accompany the student, 911 will be called to escort the student to the nearest emergency room or approved medical facility.
      8. If the parent or guardian is UNWILLING to have the student tested in the allotted time, 911 will be called to escort the student to the nearest emergency room.
      9. IN ALL CIRCUMSTANCES, IF A TEST IS NOT ADMINISTERED WITHIN TWO (2) HOURS, AN EVALUATION AT A NEW JERSEY DEPARTMENT OF HEALTH APPROVED AGENCY SHALL BE MANDATED.
      10. During the physician’s examination, a monitored urine sample shall be collected and appropriate chain of custody will be documented.
      11. Upon a parent or guardian picking up his/her child from school, failure to comply with the requirements to complete a medical examination and laboratory tests within 2 hours will be considered a positive diagnosis resulting in an immediate suspension.
          1. Reinstatement will occur only upon submission to the Principal of Evidence that an evaluation has been initiated within 5 school days from this incident.
2. Temporary Admission Pending Results
   1. Return to school is prohibited until the student can present:
      1. Physician’s Assessment Form and a Re-entry Note (pending the results of any lab work within 24 hours) including the date and time from the examining physician stating that the student is free from alcohol or other drugs, and is able to return to school;
      2. Evidence that a urine screen for drugs has been collected within the appropriate time frame (two hours) and is being processed by a lab;
      3. Meeting the above criteria, the student will be re-admitted the next school day without suspension, pending the results of the physician’s completed examination including the date and time.
   2. Positive Diagnosis – A positive diagnosis will cause the student to be suspended immediately for a duration of not more than 21 calendar days , not to exceed the second monthly meeting of the Board of Education without informing the Superintendent in writing with return prohibited until:
      1. Evidence of a negative urine screen has been provided. The Board of Education will be responsible for the initial urine screening but subsequent urine tests shall be at the parents or guardians expense.
      2. Parents/guardians and the student present have signed Release of Confidential Information (appended) from a New Jersey Department of Health approved program which indicates that an evaluation is in progress in order for the school and treatment program to communicate about the student’s progress without breaching confidentiality.
      3. Results of an evaluation from a program approved by the Local Committee on Alcoholism and Drug Abuse (LACADA) received within 5 school days.  Nothing in these procedures shall prevent a parent/guardian from seeking a second opinion from an approved program at their own expense.
      4. The selection of a treatment or evaluation facility shall be done by the parent/guardian who shall be informed by the referring staff member that this will be “at the parent/guardian’s expense”;
      5. Meeting the above criteria may result in the reduction in the length of suspension.
         1. Students enrolled in an approved out patient treatment program may continue to attend school only as long as participation can be documented.
         2. Parents/guardians who fail to comply with the assessing program’s recommendation will result in the school’s filing a report of alleged child neglect filed with the Division of Youth and Family Services as well as the option of filing a formal complaint in municipal court.
         3. Participation in all extra-curricular and/or co-curricular activities including athletics, proms, and other school activities will be denied until the student takes the necessary steps to be in compliance with state law and this policy.
3. Second Offense – Being under the influence of alcohol and/or other drugs:
   1. Completion of all procedures outlined under first offense;
   2. Medical confirmation of being under the influence will require the student to complete, at the parent or guardian’s expense, a residential treatment program or, if acceptable to the I&RS Team, participation in an intensive outpatient alcohol or drug treatment program.  Formal release from treatment at the program’s recommendation will be the only reason accepted for termination;
4. Third Offense – Being under the influence of drugs or alcohol:
   1. Completion of all procedures outlined in the first and second offense;
   2. The Administration, in conjunction with the I&RS Team and Student Assistance Counselor(s) retain the option to recommend expulsion to the board of Education for any chronic violator of this Policy.  Third Offenders will automatically be presented to the Board for an expulsion hearing as a danger to him/herself, and others.
5. Students suspected of, or admitting to the use of steroids will be subject to the same procedures outlined for other alcohol or drug violations, with the following exceptions in accordance with N.J.A.C. 6A:16.

Students Returning From Treatment

VOLUNTARY & POLICY ORDERED

1. Any student who attends treatment following an alcohol or drug suspension must comply with the re-admission criteria described in Part II.
   1. Students attending a treatment program causing an extended absence will be readmitted only upon receipt of a written recommendation from the treatment program. The absences will be considered in the same manner as other “chronically ill” students.

SEARCH & SEIZURE

1. Lockers are school property and may be subject to search at the direction of school administration at any time.
   1. Searches conducted of students’ possessions must be warranted by “reasonable suspicion” in compliance with standards established by state and federal law.
   2. These searches shall include the following guidelines:
      1. “Reasonable suspicion” shall mean suspicion based on statements of concern by staff or students, and physical condition and behavior of a suspicious nature that indicates possible substance use or possession.
      2. Searches of a “cursory” nature may be conducted, including a visual inspection and request that students empty pockets, purses and other belongings.
   3. Students refusing to cooperate in searches will have their parent/guardian contacted to inform them of the student’s refusal to cooperate, stressing possible police involvement in the incident.

POSSESSION OR DISTRIBUTION OF ALCOHOL AND/OR OTHER DRUGS

1. When a student is found to be in possession of any quantity of illegal substances, drugs, or alcohol on school grounds or at a school activity or on a school-provided mode of transportation or school-related trip, the administrator in charge will contact the Nutley Police or other agency to investigate.
   1. When illegal substances are found, it shall be the responsibility of the Police to complete their normal reporting procedures, and any other legal actions, such as complaints, depending on the quantity of substances.
2. Students found “in possession” will follow the same criteria as outlined in Part II of this procedure.
   1. However, the Board of Education maintains the right to conduct a suspension or expulsion hearing on any student found selling, possessing or distributing illegal substances, as outlined in this Policy.
   2. Students charged with distribution, or intent to distribute drugs or when a student is neither treatment appropriate, nor tests positive on a urine screen, will receive the following additional disciplinary measures:
      1. Out-of-School Suspension for a maximum of 21 days, not to exceed the second monthly Board of Education meeting without Board action;
      2. Appear at an automatic expulsion hearing before the Board of Education;
      3. If reinstated, a monitoring program and monthly reports to the Board of Education shall be developed by the I&RS Team in consultation with the Student Assistance Counselor;
      4. Failure to comply with established guidelines, or a determination that the student is a risk to the school community, will result in extended Alternative Instruction until the Board of Education is satisfied.
3. Upon the second, and any subsequent offenses, or those involving actions by the Court due to the quantity of substances involved, an expulsion hearing by the Board of Education shall be held.
4. Students arrested for non-school related drug or alcohol violations shall be permitted to attend school unless it is demonstrated that the student is a danger to him/herself, or to other students in the school.
   Based on reports from local police, if the school building principal, in consultation with the I&RS Team, determines that the student’s continued attendance presents danger to the health and safety of other students in the building, the offending student shall:
   1. Be suspended immediately, for a number of days not to exceed the second monthly Board of Education meeting;
   2. Have Alternative Instruction immediately;
   3. Have written recommendations, or a program designed by the I&RS Team and the Student Assistance Counselor;
5. Return to school will be conditional upon meeting criteria established by the I&RS Team and the Building Principal.

ROLE OF THE CHILD STUDY TEAM

1. The Child Study Team shall not accept referrals of new cases where the cause for evaluation indicates possible use of alcohol or other drugs, until the I & RS and/or Student Assistance Counselor(s) have been consulted.

STUDENT USE OR SUSPECTEDUSE OF SUBSTANCES OFF-CAMPUS

1. The Nutley School District must identify and assist students whose drug or alcohol use or other behavior is of concern, regardless of when it occurs .
   1. Any expression of concern about parties or substance-related incidents involving students will be handled in the following manner:
      1. The staff member will ensure that any information deemed reliable will be passed on to the building administrator and the SAC whose expertise may facilitate parent cooperation in a manner which ensures the confidentiality of each student and/or family;
      2. A member of the I&RS Team may call a student in to express concern about “use” when a parent/guardian or fellow student issues a “statement of concern”, or to discuss parent/guardian chemical dependency.
         The contents of this meeting will remain confidential ; however, this will not protect the student from future sanctions under existing procedures of this Policy.
   2. The I&RS Team may conduct a Confidential Behavioral Health Assessment of the student in order to determine to what extent chemical use may be affecting performance or behavior.

CHILDREN OF ALCOHOLICS AND FROM CHEMICALLY DEPENDENT FAMILIES

Children of parents, guardians or family members with active alcoholism, substance abuse, or chemical dependency, or a history of such difficulties, shall have available to them support services in the form of individual or group counseling, referral to community services, and “self-help” programs available within the school district and community

Confidential Consultation with Parents Without a Student's Knowledge

Parents/guardians may receive confidential voluntary consultation from professional staff for concerns about their child’s possible substance abuse, without informing the student of such a meeting.

1. The information obtained by the staff member during this meeting shall remain confidential with the I&RS Team and shall not be used for disciplinary action against the student.

TOBACCO USE

1. The Nutley Board of Education’s Smoking policy is strictly enforced by district employees. For the purpose of this policy, “smoking means the burning of a lighted cigar, cigarette, pipe, or any other matter or substance which contains tobacco.” Chewing tobacco is also specifically prohibited.
2. Smoking or the use of tobacco products by students within all school buildings and on school grounds is prohibited.  Additionally, the use of tobacco is prohibited on any school-provided transportation or on any school-related trip, including school field trips, athletic events, competitions, camps, etc.  Students may be subject to appropriate discipline as determined by the building administrator.

STEROID PREVENTION PROGRAM

1. As a requirement for participation in interscholastic sports, all parents/guardians are required to give permission for the school physician or medical practitioner of their choosing to perform an examination and possible testing for steroid use.
2. Steroid identification and testing during the individual sport season will follow the following steps.
   1. Coaching and medical staff shall become educated on the signs/symptoms of steroid use and shall closely observe student athletes while participating in the individual sport or during medical examinations.
      1. Coaches will identify players who display physical manifestations or behavior consistent with symptoms of steroid use and report candidates for possible testing to the Director of Athletics and/or the Student Assistance Counselor.
   2. Random urine samples may be collected from athletes, students engaging in extra-curricular activities, clubs, or other organizations sponsored by the school district.  Any random urine collection/tests shall be performed in accordance with state and federal law.
      1. Failure to submit a sample will result in the student being declared ineligible to participate in ANY extra-curricular activity, sport, club, etc., until a sample has been submitted and reviewed
   3. Students testing positive will be treated under the same procedures as outlined in this policy with the following additional sanctions:
      1. First offense – ineligibility to participate in interscholastic sports for one calendar year from the date of the offense.
      2. A second offense shall declare the student ineligible for the student’s remaining career in the Nutley Public Schools.