I. Generally
No person may manufacture, sell or distribute or possess with intent to sell, give or distribute any controlled substance or imitation controlled substance while
on the property, including building or grounds, of any public school;
on public property or any property open to public use within 1,000 feet of the property, including buildings or grounds, of any public school;
on any school bus; or
at any designated school bus stop or any property open to public use within 1,000 feet of such school bus stop during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school sponsored activity.
A. Expulsion
A student who is determined to have brought a controlled substance or imitation controlled substance onto school property or to a school-sponsored activity may be expelled in accordance with Policy JGD/JGE Student Suspension/Expulsion. The school board may determine, based on the facts of the particular case that special circumstances exist and another form of discipline is appropriate. In addition, the school board authorizes the superintendent or superintendent’s designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate. Any disciplinary action imposed pursuant to such a review must be taken in accordance with Article 3 of Chapter 14 of Title 22.1 of the Code of Virginia.
B. Prevention and Intervention
Any student who violates this policy may be required to participate in prevention and intervention activities identified as appropriate by the superintendent or designee.
The school board may require any student who is in possession of or under the influence of drugs or alcohol on school premises, on school transportation, or while engaged in any school-sponsored or school approved activity or event to: (1) undergo evaluation for drug or alcohol abuse and (2) participate in a drug or alcohol treatment program if recommended by the evaluator and if the student’s parent consents.
C. Required Reporting to Parents and Local Law Enforcement
The principal shall report a violation of this policy to parents and local law enforcement as required by Policy CLA Reporting Acts of Violence and Substance Abuse.
II. Students with Disabilities
A. Students with disabilities are subject to the provisions of Section I of this policy and may be disciplined to the same extent as a nondisabled student provided the manifestation review committee determines that the violation was not a manifestation of the student’s disability. The provisions of Policy JGDA Disciplining Students with Disabilities will be followed in addition to the regular disciplinary procedures.
B. Additional authority to remove a student with a disability from school for a drug violation.
In addition to the authority granted in subsection A above, a student with a disability may be removed without parent consent and assigned to an interim alternative education program by school personnel for not more than forty-five (45) school days when the student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency. This option is available regardless of whether a manifestation exists. The removal should not be in excess of any removal imposed on a student without a disability for the same offense.
For purposes of this forty-five (45) school day removal, “illegal drugs” and “controlled substance” are defined as follows:
a. Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in § 202(c) of the Controlled Substances Act at 21 U.S.C. § 812(c).
b. Illegal drug means a controlled substance, but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or under any other provision of federal law.