This policy, including the rules, regulations, and guidelines, is a concerted effort by the Owen J. Roberts School District to openly and effectively respond to any use or abuse of drugs, alcohol, and mood-altering substances by the members of our entire student population. Please refer to the district's Drug, Alcohol and Mood-Altering Substance Policy 227.
Statement of Policy
Through curriculum, the Student Assistance Program, the SAP Coordinator, community support and resources, a strong and consistent administrative and faculty effort, and rehabilitative and disciplinary procedures, the Owen J. Roberts School District will work to educate, prevent, and intervene in the use and abuse of all drug, alcohol, and any mood-altering substances by the entire student population.
The following rules, regulations, and guidelines shall be used by all school personnel in situations involving a student's unlawful use, abuse, sale, distribution, and/or possession of drugs, alcohol, any mood-altering substances, or paraphernalia associated with the use of drugs, alcohol, and mood-altering substances.
Definition of Terms
Active Possession - Without attempt to distribute, to possess or hold any alcohol, drug or mood-altering substance.
Breath Testing Device - A chemical testing instrument that uses a sample of a person’s expired breath to determine the presence of alcohol in the person’s blood.
Constructive Possession - A person has constructive possession if the person knows the location and has the ability and intent to obtain control of an object. Knowledge and intent can be inferred from the totality of the facts. Proximity does not establish possession, but may be used to infer knowledge or intent. Possession may involve joint possession by two (2) or more individuals.
Cooperative Behavior - The student's willingness to reasonably and helpfully work with staff and school personnel, and to comply with Student Assistance Program requests and recommendations.
Distribution - To deliver, sell, pass, share or give to another person, or to assist in distribution of any alcohol, drug or moodaltering substance; including actual, constructive or attempted transfer from one person to another of any alcohol, drug or moodaltering substance.
Drug/Mood-Altering Substance/Alcohol - Alcohol, drugs, narcotics and/or other health-endangering compounds which include but are not limited to alcohol; alcoholic beverages; tranquilizers; amphetamines; synthetic opiates; marijuana; LSD and other hallucinogens; glue solvent-containing substances; anabolic steroids; "look alike" drugs; prescription or patent drugs, except those for which permission for use in school has been granted pursuant to Board Policy 210; and all controlled substances identified in the following or any other laws:
1. Public Law 91-513 Comprehensive Drug Abuse Prevention and Control Act of 1970 (Federal Law);
2. The Pennsylvania Controlled Substance Drug, Device and Cosmetic Act, Act of April 14, 1972 (P.L. 233, No. 64) as amended. 35 P.S. 780-101 et seq.
Drug Paraphernalia - Includes any equipment, utensil or item which in the building administrator's judgment can be associated with the use of drugs, alcohol or mood-altering substances. Examples include but are not limited to roach clips, pipes and bowls, and includes all items as defined as drug paraphernalia in Section 102 of the Pennsylvania Controlled Substance Drug, Device and Cosmetic Act, 35 P.S. 780-102, as amended.
Look-Alike Drugs - Substances manufactured or designed to resemble: drugs, mood-altering substances, narcotics or other health-endangering compounds.
Student Assistance Program - A multidisciplinary team that includes teachers, administrators and counselor. This team is trained to understand and work with adolescent drug/alcohol/mood-altering substance use, abuse and dependency. The team's primary role is to identify, intervene and refer for treatment any student who is suspected of engaging in drug/alcohol/mood altering substance use, abuse, possession and/or distribution.
Uncooperative Behavior - The student's resistance or refusal, either verbal, physical or passive, to comply with reasonable school personnel requests or recommendations. Defiance, assault, deceit and flight are examples of uncooperative student behavior. Uncooperative behavior includes, but not by way of limitation, refusal to comply with Student Assistance Program requests and recommendations.
Inspections and Searches- Inspections and searches shall be conducted per Policy 226; Searches of Student Lockers, Student Vehicles, and Students.
Reasonable Suspicion Drug/Alcohol Testing- If, based on the student’s behavior, medical symptoms, vital signs, or other observable factors, the school district administrator has reasonable suspicion that the student is under the influence of a controlled substance, the student may be required to submit to drug or alcohol testing. The testing may include, but is not limited to, the analysis of bodily fluids or the administration of a breath test. School district administrators, including the Chief of Safety and Security, are authorized, under circumstances justifying such use, to require students under the administrator’s jurisdiction to submit to a breath test. Failure to submit to testing will be considered a violation of Policy 227.
Further, if school district administrators and/or the Chief of Safety and Security have reasonable suspicion, they are authorized to require student attendees at school or district-sponsored events to submit to a breath test prior to admission or readmission to a school or district-sponsored event.
Violation of Policy
This policy is violated when any student, visitor, guest or any other person unlawfully manufactures, uses, abuses, possesses, constructively possesses, is under the influence of, distributes or attempts to distribute drugs, alcohol, any mood-altering substances or drug paraphernalia on school premises, at any school-sponsored activity anywhere or while traveling to and from school or school-related activities utilizing transportation approved by the school district, or who conspires, aids or abets in the use, abuse, active possession, constructive possession or distribution of drugs, alcohol or any mood-altering substances. Student use of medications is permitted only in accordance with Policy 210, Use of Medications.
Discipline, Rehabilitation, and Punishment
Any student who violates this policy shall be subject to the disciplinary, rehabilitative and punitive actions listed below. The Board reserves the right to use any other lawful measures deemed necessary to control and eliminate the use of drugs, alcohol, and other mood-altering substances even if the same is not provided for specifically in any rule or regulation enumerated herein.
Drug and Alcohol Policy
Violation: A student possesses drug-related paraphernalia and/or a student possesses (actively or constructively), uses, or is under the influence of drugs, alcohol, or mood-altering substances.
First Offense:
The building administrator shall immediately contact the student's parents/guardians and request that they come to the building administrator’s office immediately.
The building administrator shall contact the district Superintendent of Schools and law enforcement authorities.
The building administrator shall schedule an informal hearing.
If after the informal hearing the building administrator determines the offense has been committed by the student, the building administrator will:
a. Suspend the student for seven (7) days;
b. Require that the student undergo an assessment by a licensed drug and alcohol facility and comply with the recommendations of that facility.
Uncooperative behavior will lead to an additional three (3) days of suspension.
Subsequent Offense(s):
The building administrator shall contact the student's parents/guardians and request that they come to the building administrator's office immediately.
The building administrator shall contact the district Superintendent and law enforcement authorities.
The building administrator shall schedule an informal hearing.
If after the informal hearing the building administrator determines the offense has been committed by the student, the building administrator shall:
a. Suspend the student for ten (10) days;
b. Require that the student undergo a reassessment by a licensed drug and alcohol facility and comply with the recommendations of the facility;
c. Have the option of requesting a formal disciplinary hearing to be scheduled before the Board of School Directors, or a committee of the Board, in accordance with Section 1318 of the Pennsylvania School Code.
If a student distributes a drug, alcohol or mood-altering substance:
The building administrator shall contact the student's parents/guardian and request that they come to the building administrator's office immediately.
The building administrator shall contact the district Superintendent and law enforcement authorities.
The building administrator shall schedule an informal hearing.
If after the informal hearing the building administrator determines the offense has been committed by the student, the building administrator shall:
a. Suspend the student for ten (10) days;
b. Request a formal disciplinary hearing to be scheduled before the Board of School Directors, or a committee of the Board, in accordance with Section 1318 of the Pennsylvania School Code.
Possession, Use, and Distribution of Tobacco Products and all other forms of smoking methods, devices and accessories
Tobacco and vaping products, including the product marketed as Juul and other electronic cigarettes, present a health and safety hazard that can have serious consequences for users, nonusers, and the safety and environment of the schools. The purpose of this policy (policy222) is to prohibit student possession, use, purchase, and sale of tobacco and vaping products, including Juuls and other electronic cigarettes while providing a nicotine-free environment for all students, staff and visitors.
The School Board prohibits possession, use, purchase, or sale of tobacco and vaping products, including the product marketed as Juul and other e-cigarettes, regardless of whether such products contain tobacco or nicotine, by or to students at any time in a school building; on any property owned, leased or controlled by the school district; school buses, vans and other vehicles that are owned, leased or controlled by the school district; or at school-sponsored activities that are held off school property. Possession of vape juice/e-liquid and/or cartridges/pods with or without nicotine will also be considered a violation of school policy and shall be subject to the District's disciplinary jurisdiction. All smoking devices will be confiscated and not returned. Please refer to our drug and alcohol policy above for additional information.
While under the school's jurisdiction, any student who uses, possesses (actively or constructively), or distributes any tobacco/vaping products inclusive of “look alike” and any other smoking/vaping devices or contraband, as listed above, will be subject to a minimum one-day in-school suspension (1st offense) and 3 day outside school suspension (subsequent offenses). A student who violates this policy shall be subject to prosecution initiated by the District and, if convicted, shall be required to pay a fine for the benefit of the District, plus court costs. In lieu of the imposition of a fine, the court may admit the student to an adjudication alternative. The principal will also have the option of requiring the student to undergo a drug/alcohol assessment and comply with the resulting recommendations.
Searches of Students, Lockers, and Vehicles
Students are entitled to the guarantees of the Fourth Amendment, and they are subject to reasonable searches and seizures by school officials. The elimination of drugs, alcohol and weapons in public schools is important for the welfare and safety of students. This importance has been recognized by state and federal laws, including the Federal Drug-Free Schools and Communities Act of 1986, 20 U.S.C. § 3171.2 et seq.; Federal Drug-Free Workplace Act of 1988, 41 U.S.C. § 201 et seq.; Pennsylvania Act 93 of 1989, 35 P.S. § 807.1; Federal Gun-Free Schools Act of 1994, 20 U.S.C. § 8921 et seq.; and Pennsylvania Act 26 of 1995, 24 P.S. § 1501-A and 24 P.S. § 1317.2.
For purposes of this policy, “contraband” includes drugs, electronic cigarettes, vapes, tobacco, alcohol, weapons or other materials possessed by a student in violation of federal or state law or school policy.
All contraband found during searches by school officials will be seized and used as evidence against the student in disciplinary proceedings. In addition, illegal material confiscated will be turned over immediately to the appropriate law enforcement agency for further investigation and for the institution of possible juvenile or criminal proceedings.
Students: School officials may conduct a reasonable search of a particular student and his/her personal effects when there is reasonable suspicion that the student is in possession of contraband.
The scope of the search must be reasonably related to the objectives of the search and not excessively intrusive in light of the student’s age and sex and the nature of contraband the student is suspected of possessing.
School officials may conduct blanket or random searches of students without suspicion of any particular student where school officials determine in good faith that a substantial problem is threatening the welfare or safety of students and that blanket or random searches may help solve or eliminate the problem. Before such a search is conducted, the school will take the following steps:
1. The Superintendent and principal will jointly approve the search in the interest of solving a substantial problem threatening the welfare or safety of students.
2. The Superintendent and principal will decide the method and scope of the search. The search method must be uniform and preclude the use of discretion by school officials as to which students are searched. For example, a metal detector test or emptying of all pockets and bags as part of a blanket weapons search of all students entering a building would be uniform and without discretion of officials. Likewise, a dog-sniff drug search could be required for all students entering a building. Random searches may be used to search less than all students provided the method of selection is truly random and without discretion of officials. For example, searching every fifth student in line before entering a building. The scope of the search must be no more intrusive than necessary to satisfy the school’s interest justifying the search. For example, a blanket pat-down search for drugs or weapons would probably be excessively intrusive absent a severe problem to establish a compelling justification.
3. The Superintendent and principal are authorized to conduct a one-time search or a program under which a series of searches are conducted over a specified period of time, provided that the search program will only continue as long as deemed necessary in light of the identified problem.
4. Advance written notice of the search or search program will be mailed to parents/guardians and distributed to students, except where the Superintendent and principal determine an emergency search without advance notice is necessary to eliminate an immediate threat to the welfare or safety of other individuals in the school. For example, a bomb threat or specific information about a dangerous weapon on school property.
Lockers
Student lockers are owned by the school and loaned to students for their convenience. The school exercises exclusive control over lockers, and a student should not expect privacy regarding items placed in a locker because lockers are subject to search at any time by school officials.
School officials may conduct a reasonable search of a particular locker when there is reasonable suspicion that the locker contains contraband. Prior to the search of a particular locker, the student assigned to the locker will be notified and given an opportunity to be present. However, where school authorities have a reasonable suspicion that a particular locker contains material which poses a threat to the welfare and safety of students in the school, the student locker may be searched without prior notice.
School officials may conduct blanket or random searches of lockers without suspicion of any particular student where school officials determine in good faith that a substantial problem is threatening the welfare or safety of students and that blanket or random searches may help solve or eliminate the problem. The search must be approved following the procedures required under (1), (2), and (3) above related to blanket or random searches of students. No additional notice to students is required prior to a random or blanket search of students’ lockers. Blanket or random locker searches may be conducted by opening and searching lockers or through the use of drug detecting dogs or other means of detecting contraband.
Any contraband found in a locker will be considered in the possession of the student assigned to the locker.
Student Vehicles:
The school retains authority to conduct routine patrols of student parking lots and inspections of the exterior of student vehicles on school property without prior notice or consent. School officials may conduct a reasonable search of the interior of a particular student’s vehicle when there is a reasonable suspicion that the vehicle contains contraband.
Search Procedures:
Except as provided below, only principals and assistant principals may conduct the search of a particular student, locker or vehicle. The search must be conducted in the presence of at least one (1) other administrator or teacher, except in emergency situations in which the principal or assistant principal has reasonable suspicion that a student may have contraband that poses an immediate threat to the welfare and safety of other individuals in the school.
A pat-down search of a student’s person may only be conducted by a principal or assistant principal of the same sex, except: (1) in emergency situations in which the principal or assistant principal has reasonable suspicion that a student may have contraband on his/her person that poses an immediate threat to the welfare and safety of other individuals in the school; and (2) when the student’s sex is different from both the principal and assistant principal, in which case the pat-down search must be conducted by another school official of the same sex.
School officials may use discretion in any decision to involve police in the investigation of contraband possession by students, except where school policy or state or federal law requires notification of police.