Board Policy #S 5131.6

New Haven Unified School District
STUDENT POLICIES

ALCOHOL AND OTHER DRUGS

The Governing Board believes that the use of alcohol and other drugs adversely affects a student's ability to achieve academic success, is physically and emotionally harmful, and has serious social and legal consequences. The Governing Board desires to keep district schools free of alcohol and other drugs in order to help prevent violence, promote school safety and create a well-disciplined environment conducive to learning.

The Superintendent or designee shall develop, implement and evaluate a comprehensive prevention and intervention program that is coordinated with other school and community-based services and programs. The district’s program shall be scientifically based and designed to prevent or reduce alcohol or other drug use and the possession and distribution of illegal drugs. It shall include primary prevention activities such as decision-making skills and conflict management, instruction, referral to a rehabilitation program, enforcement/discipline, activities that promote the involvement of parents/guardians and coordination with appropriate community agencies and organizations.

(cf. 1020 – Youth Services)
(cf. 6020 – Parent Involvement)

The Board and Superintendent shall agree upon performance measures that will be used to monitor and determine the effectiveness of the district’s program in reducing drug and alcohol use. The Superintendent or designee shall develop and implement an evaluation process that includes ongoing assessment and analysis of objective data regarding the incidence of drug and alcohol use among district students, including discipline problems, and the prevalence of risk factors.

The Superintendent or designee shall consult with principals, teacher, other school personnel, students and parents/guardians when developing the district’s program.

The Superintendent or designee shall clearly communicate to all students, staff and parents/guardians the district’s policies, regulations and school rules related to the use of alcohol and other drugs on school campuses or at school activities. Information about program needs and goals shall be widely distributed in the community.

(cf. 5131.62 – Tobacco)
(cf. 5131.63 – Anabolic Steroids)

Staff should encourage students to participate as responsible partners in efforts to maintain a safe, constructive school climate.

(cf. 5137 – Positive School Climate)

The Board encourages the establishment of site-level advisory groups to assist in promoting alcohol- and drug-free schools.

(cf. 1220 – Citizen Advisory Committees)

The district’s drug education program shall augment county drug education services, if any. District staff shall take every opportunity to cooperate with county and county office of education staff in planning and implementing collaborative alcohol and drug prevention programs.

(cf. 1020 – Youth Services)
(cf. 1400 – Relations Between Other Governmental Agencies and the Schools)

The district shall provide science-based preventative instruction which has been proven effective in helping students avoid the use of alcohol and other drugs.

(cf. 6142.1 – Family Life/Sex Education)
(cf. 6142.8 – Comprehensive Health Education)
(cf. 6143 – Courses of Study)

All instruction and related materials shall consistently state that unlawful use of alcohol or other drugs is wrong and harmful. Instruction shall not include the concept of responsible use of drugs or alcohol when such use is illegal. (20 USC 7114, 7162; Health and Safety Code 11999.2)

The district shall offer staff development activities for staff who implement the comprehensive drug and alcohol prevention and intervention program.

Intervention, Referral and Student Assistance Programs

School staff, students and parents/guardians shall be informed about early warning signs which may indicate alcohol and other drug use and about appropriate agencies offering intervention programs, counseling, referral and other student assistance programs.

The Board strongly encourages any student who is using alcohol or drugs to discuss the matter with his/her parent/guardian or with any staff member. Students who disclose their use of alcohol or other drugs when seeking help from an intervention or recovery program shall not be disciplined for such use.

Enforcement/Discipline

The Superintendent or designee shall take appropriate action to eliminate possession, use or sale of alcohol and other drugs and related paraphernalia on school grounds or at school-sponsored activities.

Students possessing, using or selling alcohol or other drugs or related paraphernalia shall be subject to disciplinary procedures including suspension or expulsion and/or referral to law enforcement in accordance with law, Board policy and administrative regulation. In addition, such students may be referred to an appropriate counseling program, transferred to an alternative placement, and/or be restricted from extracurricular activities, including athletics.

(cf. 5144 – Discipline)
(cf. 5144.1 – Suspension and Expulsion/Due Process)
(cf. 6145 – Extracurricular and Cocurricular Activities)

Legal Reference:

CALIFORNIA EDUCATION CODE
44049 Known or suspected alcohol or controlled substance abuse by student
48900.5 Suspension, limitation on imposition; exception
48901 Smoking or use of tobacco prohibited
48901.5 Prohibition of electronic signaling devices
48902 Notification of law enforcement authorities; civil or criminal immunity
48909 Narcotics or other hallucinogenic drugs
49423 Administration of prescribed medication
49480 Notice to school by parent or guardian; consultation with physician
49602 Confidentiality of pupil information
48900 Suspension or expulsion (grounds)
51202 Instruction in personal and public health and safety
51203 Instruction on alcohol, narcotics and restricted dangerous drugs
51210 Areas of study
51220 Areas of study, grades 7 to 12
51260 Elementary and secondary school instruction in drug education by appropriately trained instructors
51262 Use of anabolic steroids; legislative finding and declaration
51264 SDE assistance for inservice training
51265 Gang violence and drug and alcohol abuse prevention inservice
51266 Model curriculum for grades 2, 4, and 6
51268 Coordination of resources

HEALTH AND SAFETY CODE
11032 Narcotics, restricted dangerous drugs and marijuana; construction of terms used in other divisions
11353.6 Juvenile Drug Trafficking and Schoolyard Act
11357 Unauthorized possession of marijuana; punishment; prior conviction; possession in school or on school grounds
11361.5 Destruction of arrest or conviction records
11372.7 Drug program fund; uses
11802 Joint school-community alcohol abuse primary education and prevention program
11965-11969.5 The School-Community Primary Prevention Program
11998-11998.3 Drug and Alcohol Abuse Master Plans
11999-11999.3 Alcohol and drug program funding; no unlawful use

PENAL CODE
13864 Comprehensive alcohol and drug prevention education

VEHICLE CODE
13202.5 Drug and alcohol related offenses by person under age of 21, but aged 13 or over; suspension , delay, or restriction of driving privileges

WELFARE AND INSTITUTIONS CODE
828 Disclosure of information re minors
828.1 Disclosure of criminal records; protection of vulnerable staff and students

Drug-Free Schools and Community Act of 1986
Public Law 99-570

Drug-Free Schools and Community Act Amendments of 1989
H.R. 3614

First Reading
February 1, 1994
August 15, 2006

Second Reading
March 1, 1994
September 5, 2006

Administrative Regulation for Board Policy 5131.6