FHAA – Safe Schools: Alcohol and Drugs

Safe Schools

Alcohol and Drugs

Alcohol—

A person may not possess or drink an alcoholic beverage inside or on the grounds of any building operated by a part of the District or in those portions of any building, park, or stadium that is being used for an activity sponsored by or through the District or any part thereof. Violation of this provision is a misdemeanor.

Utah Code § 53G-8-602 (2018)

Student Offenses—

No student shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor or unlawfully manufacture, distribute, dispense, possess or use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid or any other controlled substance, as defined in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. § 812) and as further defined by regulation at 21 CFR § 1300.1 et seq., before, during or after school hours at school or in any other school district location as defined below.

School District Location Defined—

“School district location” means in any school building or on any school premises; on any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district.

Guidelines—

Compliance with this policy should be mandatory. A student who violates the terms of this policy may be suspended or expelled from school, at the discretion of the Board. Each student found in violation of this policy shall be provided with information about drug and alcohol counseling, rehabilitation, and re-entry programs available to students through the school district or otherwise. Violations of the policy on drugs and alcohol may be reported to an appropriate law enforcement agency if permitted under Utah Code § 53G-8-211.

  1. Violations—Use or Possession
    1. First Violation:
      1. Students violating the Drugs and Alcohol Policy for the first time will automatically be placed in an alternative education program at home for a minimum of ten (10) days. Students who are participants of teams, choirs, clubs, etc., or elected officers will give up their involvement in that extracurricular activity for the duration of the ten (10) days. They will not be allowed to attend such activities, even as a spectator. Students and their parents will have an opportunity to fulfill the ten (10) day obligation in two ways:
      1. The student will be placed in an alternative educational program based at home for the designated ten (10) school days. Parents will be required to coordinate homework assignments with a designated school representative.
      1. In lieu of the ten (10) day home-based alternative educational program, the student and his/her parents will enroll in an Early Intervention Drugs and Alcohol Class. The student will be able to return to regular classes the day following the first session of the class. Parents will be required to coordinate homework assignments with a designated school representative during the intervening time.
    1. Second Violation:
      1. If there is a second violation of the Drugs and Alcohol Policy, the student will be placed on a home-based alternative educational program for a period of nine (9) weeks. A certificated teacher will be sent to the home for two hours once a week for the nine-week period to aid the student with his/her learning.
      1. Any student who has a second violation of the Drugs and Alcohol Policy must submit to a written assessment for potential chemical dependence. This assessment will be conducted by a District team composed of the local school guidance specialist and a school district psychologist. Any assessment done by anyone other than this team would be at the option and expense of the parent(s). Before the student is readmitted to school, the assessment results will be presented to the parent(s) and will be forwarded to Juvenile Court if permitted under Utah Code § 53G-8-211.
    1. Third Violation:
      1. If any student is involved in a third violation of the Drugs and Alcohol Policy, the student will automatically be placed in a home-based alternative education program for the remainder of the school year.
  2. Violations—Selling or Distributing
    1. First Offense:
      1. Because of the seriousness of the offense, a student selling and/or delivering alcohol or other illegal substances shall be automatically placed in a home-based alternative educational program for a period of nine (9) weeks.
      1. Before the student is re-admitted to school, he/she must submit to a written assessment for potential chemical dependence. This assessment will be conducted by a District team composed of the local school guidance specialist and a school district psychologist. Any assessment done by anyone other than this team would be at the option and expense of the parent(s). The assessment results will be presented to the parent(s) and will be forwarded to Juvenile Court if permitted under Utah Code § 53G-8-211.
    1. Second Offense:
      1. Any second offense for selling and/or delivering alcohol or other illegal substance will automatically place a student in a home-based alternative educational program for the remainder of the school year.
  3. Alternative Education
    1. Students who violate the Drug and Alcohol Policy will be placed in alternative education programs as outlined under items 1 and 2. If the designated number of days or weeks of alternative education cannot be completed by the end of the school year, the alternative education program is to be completed at the beginning of the next school year.
  4. Repeat Offenders
    1. Records will be maintained on all violations of the Drug and Alcohol policy. A student with more than one violation on record will be considered a repeat offender whether the first offense was committed in the current school year or in any prior school year.
  5. Removal from Campus
    1. During the time a student is on the home-based alternative educational program, he/she is not to be on campus or be a spectator or participant or attend any extra-curricular activity sponsored by the school. If a senior student is placed on the home-based alternative educational program for violation of the Drugs and Alcohol Policy and that placement coincides with the end of school, he/she will not be allowed to participate in graduation exercises. The diploma will be awarded upon completion of the home-based alternative educational program and all other graduation requirements.
  6. Students in Elected Positions
    1. Students in elected leadership positions or representing the school through current extracurricular activities who violate this policy are subject to its guidelines regardless of the time or location of the violation. Students found in violation of this policy will also be subject to the due process under the school district’s policy.
  7. Disclosure
    1. Utah state law requires teachers and school personnel to disclose information of suspected chemical and alcohol abuse to the parent. Personnel will complete the Suspected Abuse Report form and submit it to the appropriate school administrator for referral to the parent.

Utah Code § 53G-8-502 (2018)

Utah Code § 53G-8-503 (2019)

  • The purpose of disclosure will be to make parents aware of potential problems and dangers associated with substance abuse.
    • The disclosure will review student behavior or situations causing concern: attendance, discipline, behavior, grades, physical symptoms, and other problems that affect school performance.
    • Disclosure will allow parents to seek help for further evaluation of the child from outside agencies.
    • Parents will be provided with information regarding agencies providing service to adolescents: assessment counseling and treatment.
    • In complying with Utah state law for disclosure, the school district meets this obligation to parents. The school system will not be held responsible for any financial action resulting from disclosure (assessment, treatment, or counseling). Payment for services or materials provided by chemical abuse professionals who are not school employees will be the responsibility of the parents.
  • Treatment
    • In order to support the family and student when treatment is sought, the District will provide elective credit for education received during the treatment process. The treatment program must meet Utah State Division of Alcoholism and drug license qualifications.
    • Inpatient/Day Treatment—A student may earn a maximum of one health credit for inpatient treatment under the following guidelines:
      • Successful completion of the treatment credit will be awarded on the same basis as academic credit (90 hrs. equals 1/2 credit).
      • A maximum of five and one-half (5 ½) hours per day may be counted.
    • Aftercare—After completion of the treatment program, a student may earn one elective health credit for participation in an approved aftercare program. The following condition must be met:
      • A maximum of one credit hour may be earned. This credit will be recorded as one elective health credit.
      • Credit will be awarded on the same hourly basis as academic credit. (90 hours equals ½ credit).
      • Students must submit a schedule of aftercare programs and verification of regular attendance.

Notice—

The following notice shall be provided to all students of the District:

YOU ARE HEREBY NOTIFIED that use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful and that it is a violation of the policy of this school district for any student to distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor or unlawfully manufacture, distribute, dispense, possess or use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid or any other controlled substance as defined in Schedules I through V of Section 202 of Controlled Substances Act (21 U.S.C. § 812) and as further defined by regulation at 21 CFR § 1308.11 through 1308.15, before, during or after school hours, at school or in any other school district location as defined below.

“School district location” means in any school building and on any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or other school activities; off-school property at any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, or during any period of time when the student is under the supervision of school district personnel or otherwise engaged in a school district activity.

Any student who violates the terms of the school district’s Drug and Alcohol Policy is subject to the discipline outlined in the school district’s policies including all disciplinary sanctions consistent with local, state and federal law, up to and including expulsion and referral for prosecution and/or completion of an appropriate rehabilitation program.

YOU ARE FURTHER NOTIFIED that compliance with this policy is mandatory.

Section 5145 of the Drug Free Schools and Community Act (Public Law 101-226).