Morris School District
MORRIS SCHOOL DISTRICT
Morristown, New Jersey 07960

Policy
File Code: 5131.6
Monitored: X
Mandated: X
Other Reasons X
DRUGS, ALCOHOL, TOBACCO
(Substance Abuse)

The fundamental purpose of our educational process is to foster the intellectual, emotional, social, physical, and aesthetic growth of each child. In fulfilling this purpose, the Morris School District accepts responsibility to provide a safe environment free of drugs, alcohol and tobacco within our schools and to assist our students to learn how to lead drug, alcohol and tobacco free lives.

The intent of the policy is preventative and therapeutic rather than judgmental and punitive. The Morris School District shall accomplish this intention through comprehensive chemical health education curriculum in accordance with existing department of education guidelines as well as identification, intervention, referral and support processes for those students who are affected by chemical use problems. Therefore, the Superintendent or his/her designee shall direct development of prevention instruction and procedures to meet these goals.

The Board of Education has employed substance awareness coordinators (SAC) and other staff members trained in substance abuse prevention and intervention programs who will work with students affected by the ramification of substance abuse or the chemical dependency of a family member. Furthermore, the SAC and other staff members trained in substance abuse prevention and intervention programs will serve on and coordinate core/counseling teams, which will address issues of students affected by chemical use/dependency.

The Board of Education shall provide for:
  1. In-service training (consistent with state department of educational guidelines), for core/counseling teams;

  2. Space and support for student assistance programs.
In keeping with state regulations, community members, staff members and students will receive information annually about the policy, procedures and consequences, legal and health-related, of the use of controlled substances and tobacco. In addition, the administration will annually update the Board of Education if there are any changes to the activities associated with the core/counseling teams.

Any student under the influence of drugs and/or alcohol or exhibiting symptoms of a chemical use problem or involved in the sale, possession or distribution of a controlled dangerous substance shall be subject to the specific procedures, sanctions, disciplinary action(s) and due process provision for violations of the drug, tobacco and alcohol policy.

For the purpose of this policy, school and school-related events shall include all intramural, co-curricular, extracurricular and school-sponsored events. School transportation to and from said events and activities shall also be included. This shall include field trips, athletic event, proms and other school-sponsored events.

For the purpose of this policy, mood-altering chemicals shall mean:
  1. All dangerous controlled substances as so designated and prohibited in New Jersey statutes (N.J.S.A. 24:21-2, N.J.S.A 18:40A-9);

  2. Any chemicals or chemical compound which releases vapors or fumes causing a condition of intoxication, inebriation, stupefaction or dulling of the brain or nervous system including, but not limited to: glue containing solvent having the property of releasing toxic vapors or fumes (N.J.S.A 2A:170-25.9 et seq.);

  3. All alcoholic beverages;

  4. All anabolic steroids;

  5. All prescription drugs, not prescribed for that person;

  6. Nonprescription drugs used in excess or in combination toward a condition of intoxicating, inebriating, stupefying or dulling effect on the brain or nervous system.
Student and/or parent/guardian refusal to cooperate with the testing, referral and intervention provisions of the substance abuse policy and procedures will lead to disciplinary actions by the Morris School District in accordance with due process procedures, including a conference with parents/guardians, student, principal and the notification of the Superintendent or his/her designee. Exclusion may involve continuing contact and supportive services; however, extended lack of cooperation will result in notification of appropriate local, county or state agencies and possibly lead to expulsion.

All facts regarding any incident involving use, possession, sale or intent to sell a mood-altering chemical will be confidential within statutory limitations.

II


In addition to the effects of controlled dangerous substances, the Board of Education is concerned about the detrimental effects of tobacco and tobacco products on its staff and students. Consequently, the Board of Education directs that smoking or use of tobacco products is prohibited in all Morris School District buildings and grounds at all times by students, staff and visitors. The Superintendent or his/her designee shall develop procedures of implementation a smoke and tobacco free environment including prevention and intervention.

Enforcement of Drug-Free School Zones

The Board of Education of Morris School District recognizes its responsibility to ensure continuing cooperation between school staff and law enforcement authorities in all matters relating to the use, possession, and distribution of controlled dangerous substances and drug paraphernalia on school property. The Board of Education further recognizes its responsibility to cooperate with law enforcement authorities in planning and conducting law enforcement activities and operations on school property. The Board of Education shall, therefore, establish a formal memorandum of agreement with the appropriate law enforcement authorities and set forth the following policies and procedures after consultation with the county prosecutor and approval by the county Superintendent of schools. The memorandum of agreement shall be consistent with the school zone enforcement code (N.J.A.C. 6:A-16-6.1), statewide action plan for narcotics enforcement and the attorney general's Executive Directive 1988-1.
  1. Law Enforcement liaison

    In order to ensure that such cooperation continues, the Board of Education directs the Superintendent to designate Morris School District liaison(s) to law enforcement agencies and to prescribe the roles and responsibilities of the school liaison(s).

  2. Undercover operations summoning law enforcement authorities onto school property for the purpose of conducting investigations, searches, seizures and arrests. The Board of Education hereby recognizes that the Superintendent or his/her designee may request that law enforcement authorities conduct an undercover operation in the schools if he/she has reason to believe that drug use and/or drug trafficking is occurring in the schools and that a less intrusive means of law enforcement intervention would be ineffective. The Board of Education hereby authorizes the Superintendent or his/her designee to request such intervention under these circumstances. The Board of Education recognizes that the Superintendent or his/her designee is not permitted to discuss any aspect of the undercover operation until authorized to do so by law enforcement authorities.

    The Board of Education recognizes that law enforcement authorities may contact the Superintendent to request that an undercover operation be established in a Morris School District school. The Board of Education recognizes that the Superintendent is prohibited from discussing the request with the Board of Education. The Board of Education hereby authorizes the Superintendent or his/her designee to act upon any such request in the manner that he/she determines is in conformity with the law and the Attorney General's executive Directive 1988-1 and that is in the best interests of the students and the Morris School District.

    The Board of Education directs the Superintendent or his/her designee and school principal to cooperate with law enforcement authorities in the planning and conduct of undercover school operations. The Superintendent or his/her designee, principal, or any other school staff or district Board of Education member who may have been informed about the undercover operation is required to immediately communicate information to the county prosecutor or designee if the integrity of the undercover school operation has been compromised in any way.

    At the completion of the undercover operation in the school, and with the consent of the appropriate law enforcement authority, the Superintendent or his/her designee shall report to the Board of Education regarding the nature of the operation, the result of the operation and any serious problems encountered during the operation.

  3. Summoning law enforcement authorities onto school property for the purpose of conducing investigations, searches, seizures and arrests:

    Any school employee who has reason to believe a student(s) or a staff member(s) is using or distributing controlled or dangerous substances or drug paraphernalia on school premises shall bring that information to the school principal who, in turn, shall report same to the Superintendent or his/her designee. The Superintendent or his/her designee shall immediately report that information to the appropriate law enforcement agency. If, after consultation with the law enforcement official, it is determined that further investigation is necessary, the Superintendent or his/her designee shall cooperate with the law enforcement authorities in accordance with the law and administrative code. He/she will provide the officials with a room in an area away from the general student population in which to conduct their law enforcement duties. If law enforcement officials do not choose to investigate the incident, the Superintendent may continue the investigation to determine if any school rules have been broken and whether any school discipline is appropriate.

    If an arrest is necessary, and no exigent circumstances exist, the Superintendent or his/her designee and staff will cooperate with the law enforcement official and provide them access to the office of a school administrator or some other area away from the general student population. Every effort shall be made to enable law enforcement personnel to carry out the arrest in a manner that is least disruptive to the educational environment. The Superintendent or his/her designee or the principal shall immediately notify the student/'s parent/guardian whenever a student is arrested for violating any laws prohibiting the possession, use, sale, or distribution of any controlled substance or drug paraphernalia.

    Whenever the police have been summoned to a school building by the Superintendent or his/her designee, the Superintendent or his/her designee shall report the reason the police were summoned and any pertinent information to the Board of Education at its next regular meeting. If confidentiality is required, the report shall be made in executive session.

  4. Student searches and securing physical evidence:

    The principal or his/her designee may conduct a search of a student's person or belongings if the search is necessary to maintain discipline and order in the school, and the school official has a reasonable suspicion that the student is concealing contraband. All searches and seizures conducted by designated school staff shall comply with the standards prescribed by the United States Court in New Jersey v. T.L.O. U.S. 325 (1985), as set forth in Appendix C of the attorney general's statewide action plan for narcotics enforcement.

    If, as a result of the search, a controlled dangerous substance or drug paraphernalia is found, or if a controlled dangerous substance or drug paraphernalia is by any means found on school property, the individual discovering the item or substance shall immediately notify the building principal; the principal shall immediately notify the Superintendent or his/her designee who shall immediately, in turn, notify the appropriate law enforcement agency. The principal shall ensure that the controlled or dangerous substance and/or drug paraphernalia is labeled and secured in a locked cabinet or desk until law enforcement officials pick it up. The principal shall then contact the student's parents/guardians to inform them of the occurrence.

    Whenever law enforcement officials have been called into the school, and a search of a student's person or belongings is necessary, or an interrogation is to be conducted, the Superintendent or his/her designee shall request that the law enforcement officials conduct the search, seizure, or interrogation.

  5. Police presence at extracurricular activities

    The Superintendent or his/her designee is hereby authorized to contact the appropriate law enforcement agency and arrange for the presence of an officer(s) in the event of any emergency or when the Superintendent or his/her designee believes that uniformed police presence is necessary to deter illegal drug use or trafficking or to maintain order or crowd or traffic control at a school function.

  6. Resolving disputes concerning law enforcement activities:

    The Board of Education authorizes the Superintendent or his/her designee to contact the chief executive officer of the law enforcement agency involved with any dispute or objection to any proposed or ongoing law enforcement operation or activity on school property. If, for any reason, the dispute or objection is not satisfactorily resolved with the chief executive officer of the agency, the Superintendent or his/her designee shall work in conjunction with the county prosecutor and, where appropriate, the division of criminal justice to take appropriate steps to resolve the matter. Any dispute that cannot be resolved at the county level shall be reported to the Board of Education and shall be resolved by the attorney general whose decision will be binding.

  7. Confidentiality of student involvement in intervention and treatment programs.

    Nothing in this policy shall be construed in any way to authorize or require the transmittal of any information or records that are in the possession of a substance-abuse counseling or treatment program including, but not limited to, the Morris School District's own substance abuse programs. All information concerning a student's or staff member's involvement in a school intervention or treatment program shall be kept strictly confidential. See 42 C.F.R. 2 and N.J.A.C. 6A:16-6.5.

  8. In-service training:

    The Superintendent or his/her designee will ensure that all district employees receive annual in-service training to make them aware of their responsibilities in accordance with Board of Education policies and N.J.A.C. 6A:16-3.(a)4.

  9. Annual review

    The Board of Education will review annually the effectiveness of these policies and the memorandum of agreement entered into with the appropriate law enforcement agency. As part of this review, the Board of Education will consult with the county Superintendent, local community members, and the county prosecutor's office.

  10. Availability of policy

    The policy contained herein shall be made available to all staff, students, and parents/guardians on an annual basis.

  11. Memorandum of agreement with Morris County Prosecutor's Office, and the police departments of the town of Morristown and the Township of Morris.

    Pursuant to the within policy of the Board of Education of the Morris School District shall enter into an agreement with the Morris County Prosecutor's Office, and the Police Departments of the town of Morristown and the Township of Morris. Notwithstanding anything in this policy to the contrary, the provisions of the said agreement shall supersede the provisions of this policy and shall control in the event of conflict between the two.
The agreement shall serve as the board-approved procedures for the implementation of the Drug-free School Zones policy.

Date: April 14, 1986
October 5, 1987, Revised
December 11, 1989, Revised
December 4, 1990, Revised
March 11, 1991, Revised
December 10, 2001 First Reading
January 14, 2002 Approved

Legal References:
N.J.S.A. 2A:62A-4 Reports by educational personnel on dependency upon or illegal use of controlled dangerous substances or use of intoxicating vapor releasing chemicals; immunity from liability
N.J.S.A. 2A:170-25.9 Definitions
N.J.S.A. 2C:29-3a Hindering apprehension or prosecution
N.J.S.A. 2C:33-15 Possession or consumption of alcoholic beverage in public place or motor vehicle by person under legal age
N.J.S.A. 2C:33-16 Alcoholic beverages; bringing or possession on school property by person of legal age; penalty
N.J.S.A. 2C:33-17 Offer or service of alcoholic beverage to underage person; disorderly persons; exceptions
N.J.S.A. 2C:33-19 Paging devices, possession by students
N.J.S.A. 2C:35-1 et seq. New Jersey Comprehensive Drug Reform Act of 1987
See particularly:
N.J.S.A. 2C:35-7, -10
N.J.S.A. 9:17A-4 Consent by minor to medical care or treatment; venereal disease, sexual assault or drug use or dependency; notice and report of treatment; confidentiality
N.J.S.A. 18A:25-2 Authority over pupils
N.J.S.A. 18A:37-1 Submission of pupils to authority
N.J.S.A. 18A:37-2 Causes for suspension or expulsion of pupils
N.J.S.A. 18A:36-19.2 Student locker or other storage facility; inspections; notice to students
N.J.S.A. 18A:40A-1 et seq. Substance abuse
See particularly:
N.J.S.A. 18A:40A-1, -2, -3, -4, -5, -9, -10, -11, -12, -13, -14, -15, -16, -18, -19
N.J.S.A. 24:21-2 Definitions (New Jersey controlled dangerous substances)
N.J.S.A. 26:3D-15 through -21 Legislative findings and declarations ... (smoking in educational institutions)
N.J.A.C. 6:8-3.1 et seq. Pupil Behavior
N.J.A.C. 6:11-11.5 Substance awareness coordinator
N.J.A.C. 6:A:16-3.1 et seq. To 7.1 et seq.Substance abuse
N.J.A.C. 6A:16-5.1 et seq. Safe and drug free schools
N.J.A.C. 6A:14-2.8 Discipline/suspension/expulsion Attorney General's Executive Directive No. 1988-1
Drug Free Workplace Act of 1988 Enacted November, 1988 (Pub. L. 100-690, Title V, Subtitle D) 102 Stat. 4305-4308
42 CFR Part 2--Confidentiality of alcohol and drug abuse patient records

F.G. v. Bd. of Ed. of Hamilton, 1982 S.L.D. 382
G.L.H. v. Bd. of Ed. of Hopewell Valley Regional School District, et al., 1987 S.L.D. April 20, aff'd St. Bd. 1987 S.L.D. Sept. 2
State in the Interest of T.L.O. 94 N.J. 331 (1983), Rev'd, 469 U.S. 325 (1985)
State of New Jersey v. Jeffrey Engerud, 93 N.J. 308 (1983) Honig v. Doe 484 U.S. 305 (1988)
Vernonia School District v. Acton, 515 U.S. 646 (1995)
In the Matter of the Tenure Hearing of Graceffo, 2000 S.L.D. (September 21)
Manual for the Evaluation of Local School Districts (August 2000)
A Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials (1999 Revisions)
Regulations Under Drug Free Workplace Act, C.F.R. 4946 (1/31/89)

Cross References:
1330 Use of school facilities
1410 Local units
5114 Suspension and expulsion
5124 Reporting to parents/guardians
5125 Pupil records
5131 Conduct/discipline
5131.7 Weapons and dangerous instruments
5141.3 Health examinations and immunizations
5141.21 Administering medication
5145.12 Search and seizure
6145.1/6145.2 Intramural competition; interscholastic competition
6145.7 Social events/meetings
6154 Homework/makeup work
6172 Alternative educational programs
6173 Home instruction

Key Words
Drugs, Alcohol, Tobacco, Steroids, Substance Abuse, Smoking, Drinking, Drug Testing
 

Morris School District | 31 Hazel Street | Morristown, New Jersey | Phone: 973-292-2300
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