Regulation 5420-3

Students

Tobacco, Alcohol, Controlled Substance of Other Drugs

Reviewed and affirmed by the Board: 
Last Revision: 
Original publish date: 07/07/2014
Related policies & regulations:  4790, 4790-1, 5480
Legal references:  28-1418, 53-180.02, 79-267(6), 79-712 to 79-714, 20 U.S.C. 7101 et seq.

 

1. PURPOSE:  To provide direction and guidelines to building administrators and staff for action to be taken in cases involving student violation of policies related to the possession, use, or distribution of alcohol, drugs, tobacco or controlled substances where Lincoln Public School authorities have jurisdiction over students.
2. DEFINITIONS:  Student possession, use, or distribution of alcohol, tobacco (tobacco means any tobacco product (including, but not limited to, cigarettes, cigars and chewing tobacco), vapor products (such as e-cigarettes), alternative nicotine products, tobacco product lookalikes and products intended to replicate tobacco products either by appearance or effect), a controlled substance, or other drugs shall be viewed as an act of misconduct and as such shall be subject to disciplinary action.  A controlled substance is any drug used, possessed or distributed by a student except a prescription drug which is used or possessed in the amount specified by a licensed physician.  Alcoholic beverages such as beer, liquor, or wine, drug paraphernalia and any substance represented to be a drug are included within the parameter of these guidelines.
   • USE - means that reasonable grounds exist to believe that the student has assimilated the same, (i.e., smoking marijuana, taking a pill, drinking an alcoholic beverage, etc.) or is found to be under the influence of the same while under the jurisdiction of school authorities.
   • POSSESSION - means that a student has on their person or with their personal property, or has under their control such substance by placement of or knowledge of the whereabouts of same on school property or other property on which he or she is present by virtue of being under the jurisdiction of school authorities.
   • DISTRIBUTION - means the transfer to any other person, with or without the exchange of money or other valuables.  Students having in their possession such controlled substances shall be subject to the disciplinary guidelines for distributors.
   • SCHOOL AUTHORITIES - are Lincoln Public School District employees whose job responsibilities include the supervision of students (e.g., administrators, teachers, paraeducators, nurses, student teachers, etc.).
3. GUIDELINES AND PROCEDURES:  The school’s responsibility in working with students involved in alcohol, tobacco, or other drug activities includes two areas: 1) Helping students recognize the existence of any alcohol, tobacco, or other drug problems in their lives and 2) maintaining an alcohol, tobacco, and other drug-free atmosphere in school in order to enhance the learning environment.  An obligation exists to report activities of an illegal nature to criminal justice authorities.
   • DESIGNATING RESPONSIBILITY:
     • Teachers and administrators in the Lincoln schools should be knowledgeable of the guidelines and procedures to be followed in working with students involved with alcohol, tobacco, or other drugs.
   • PREVENTION:
     • Age appropriate developmentally based drug and alcohol education and prevention programs (which address the legal, social, and health consequences of drug and alcohol use and which provide information about effective techniques for resisting peer pressure to use illicit drugs or alcohol) for all students in all grades from early childhood level through grade 12 shall be developed.
     • Students shall be advised by written statements that use of illicit drugs and the unlawful possession of and use of alcohol is wrong and harmful.
     • Students shall be advised as to the availability of alcohol and other drug counseling and rehabilitation and reentry programs.
     • Students and parents will be furnished with a copy of Policy 5480 which provides that the engaging in the unlawful selling, using, possessing, or dispensing of alcohol beverages, tobacco, narcotics, drugs, controlled substances, inhalants, or being under the influence of any of the above, or possession of drug paraphernalia, or engaging in the selling, using, possessing, or dispensing of material represented to be alcoholic beverages, narcotics, drugs, controlled substances, or inhalants are in violation of the standards of conduct and constitute grounds for suspension, long-term suspension, and expulsion or mandatory reassignment when such activity occurs on school grounds or during an educational function or event off school grounds.
   • IDENTIFICATION AND INTERVENTION:
     • Self-referral, either as an alleged user experiencing problems or as a child of chemically dependent parents/guardians. In instances where a student voluntarily comes to a school employee to talk about an alcohol, tobacco, or other drug problem, it is an indication that the student may be seeking help and it is urged that the person contacted listen to the student’s problem.  The student’s primary need may simply be to discuss the situation and determine a course of action.  If it is determined that the student does have an alcohol, tobacco or other drug problem, this becomes a concern for the total family and efforts must be made to have that student discuss with their parents/guardian the nature of the problem.  School staff, including School Community Intervention Program (SCIP) core team members, may be used to facilitate communication between the student and parents/guardians and with treatment or counseling agencies.  If the student will not discuss this with their parent/guardian, the school is obligated to initiate contact with the parents or guardian.  To solve problems involving the use of alcohol, tobacco or other drugs, it is essential that the family be involved.
     • When student’s behavior indicates the possibility of the use of alcohol, tobacco, or other drugs:
       • When a student is in school or at an off-campus school activity and the student is suspected of using alcohol, tobacco, or other drugs, the reason for the suspicion should be reported to a building administrator or other designated person(s).
       • The administrator or designated person(s) shall:
         • Involve members of the SCIP core team or other appropriate school personnel to investigate the concern.
         • If the investigation confirms the concern, provide for an intervention with parents’/guardians’ involvement and input.
       • The intervention should:
         • Result in the development of and agreement on a plan for dealing with the concern at the intervention.  (i.e., monitoring, evaluations, etc.)
       • Emergency situations:
         • If a student’s behavior indicates he/she may be under the extreme influence of alcohol or other drugs, that situation should be treated as an emergency:
           • Refer the case immediately to the school nurse and building administrator.
           • Make every reasonable effort to call parents/guardians
           • If the nurse is not in the building, contact the administrator. The school nurse nearest the building may be summoned to the building as needed.  This information is located in the health office.
           • Follow the procedures as outlined for a medical emergency in the school health handbook.
           • If the student’s information does not indicate the physician to be called, or other information needed in an emergency, the nurse and/or principal or designated school staff person is authorized to call an ambulance service to transport the student to a hospital emergency room.
           • If the student creates a physical disturbance, the Lincoln Police Department may be called for assistance.
   • REPORTED VIOLATION OF RULES REGARDING ALCOHOL, TOBACCO, OR OTHER DRUGS: When a student is in school or at an off-campus school activity and the student is found to be in violation of rules regarding alcohol, tobacco, or other drugs, the matter must be reported to a building administrator.
     • The school administrator will:
       • Investigate the report.
       • Provide the opportunity for students to respond and explain the situation.
       • Secure suspected material, if possible.
       • Make reasonable efforts to immediately contact the student’s parents/guardian to notify them of the situation.
       • Notify the police regarding any law violation.
       • Assess the severity of the problem and make recommendations for possible disciplinary action.
     • The school administrator may:
       • Refer the student to the Office of Student Services with recommendations for possible courses of action.  If referral is not made to the Office of Student Services, a report of the incident shall be provided to the Office of Student Services.
       • Take disciplinary action without a referral to Student Services, however, any second offense shall be referred to the Office of Student Services office.
     • Department of Student Services:
       • A member of the Office of Student Services will hold a conference with the referred student, their parents/guardian, school administrators and designated staff in accordance with the Lincoln Public Schools due process procedures.
       • Recommendations of school personnel in previous conferences will be considered in any decision by the Office of Student Services.
       • Possible action:
         • Disciplinary probation:  the student is allowed to remain in school under certain conditions specified by the Office of Student Services.
         • Expulsion:
           • When a student refuses to agree to these conditions,
           • Because of the severity of the situation, or
           • Student has previously been in violation of school rules.
         • Assistance/options for chemical dependency problem:
           • Participation in a counseling program,
           • Treatment as an out or inpatient in a service facility in Lincoln, or
           • Any cost of such treatment would be the responsibility of the student or parent/guardian.
     • Legal Procedures:
       • Where there is evidence to support an allegation that a student is selling, delivering or using drugs on the campus or at an off-campus function, the Lincoln Police Department must be notified and furnished with whatever substantiating evidence may be known.  Parents/guardians should be notified.
       • If a student is in possession of drugs that are illegal or require a prescription and the student does not have a prescription, such possession is a crime and must be reported to the Police Department and their parents/guardian.
       • If a student is in possession of drug paraphernalia, (paraphernalia--any item possessed or used for the purpose of the unlawful administration of drugs), this must be reported to the Police Department and their parents/guardians.
       • These notifications of possession can be made by calling the Lincoln Police Department and reporting the incident to the officer on duty.  Such a report does not have to be in writing.  All notifications should be reported to the Office of Student Services.