CODE: 5131.6

PUPILS

SUBSTANCE ABUSE/DRUG FREE SCHOOL ZONES

The West Milford Board of Education recognizes that for the safety, well being, health, and welfare of its students, a policy must be adopted, committing the school district to establish a procedure to aid students in seeking help to address chemical dependency/abuse problems. The Board of Education will comply with State mandates for a substance-free school by providing the best programs possible for enforcement, intervention, and prevention of substance abuse.

The Board of Education recognizes its responsibility to provide a quality learning environment where the health and welfare of staff and students are safeguarded. The Board of Education believes that the use of alcohol and other drugs by one student may endanger the safety and well being of all other students and staff. Also, the use of alcohol and other drugs can create an impediment to learning in which case the school system has a responsibility to provide channels for help and assistance to students whose health and educational goals may be in jeopardy.

The West Milford Township Public Schools will make every effort to prevent student involvement with alcohol and other drugs by providing age-appropriate education, programs, and supportive counseling. The Board of Education has employed a Substance Awareness Coordinator, appropriately certified by the New Jersey State Department of Education, who will be responsible for the districtwide prevention programming in addition to working with students who are affected by the ramifications of substance abuse. 

The Board of Education will make every effort to cooperate with local law enforcement activities in accordance with N.J.A.C. 6:29-6.3 (c) 6 and outlined in the Memorandum of Agreement between the West Milford Board of Education, the West Milford Police Department, the Passaic County Prosecutor, and the Passaic County Superintendent of Schools.

The Substance Awareness Coordinator and other appropriate staff will offer educational programs for parents/guardians on a regular basis to educate and raise awareness about substance abuse.

These policies and procedures will be reviewed annually as per N.J.A.C. 6:29-6-4 (a) and also will be made available to all staff, students, and parents.

For the purposes of this policy, the following definitions shall apply:

Substance shall mean alcoholic beverages, controlled dangerous substances as defined in N.J.S.A. 24:2l-2 or any chemical or chemical compound which releases vapors or fumes causing a condition of intoxication, inebriation, excitement, or any other brain or nervous system dysfunction including but not limited to glue containing a solvent having the property of releasing toxic vapors or fumes.

Steroids shall mean synthetic forms of the male hormone testosterone and other synthetic compounds whose chemical composition is similar to that of testosterone.

Evaluation shall mean those procedures used to determine a student's need for an educational program or treatment which extends beyond the regular school program by virtue of the use of alcohol and/or other drugs by the student or his/her family.

Curriculum and Instruction

A. Every student attending the West Milford Township Public Schools will receive instruction in substance abuse education in accordance with the guidelines and objectives established by the New Jersey Department of Education. The curriculum shall include instruction on alcohol and other drugs including tobacco and anabolic steroids. The curriculum will include activities and lessons designed for age-appropriate subject areas in order to improve student knowledge about the risks of alcohol and other drugs including tobacco and anabolic steroids.

Staff Members' Responsibilities

A. Staff members are required by law to report any student suspected of being under the influence of or having problems related to alcohol and other drugs through the district procedures. Staff members reporting such students are immune from civil and criminal prosecution (N.J.S.A. 18A:40A-13).

B. A standard reporting form, the Student Behavior Checklist, shall be used by all district staff members referring students in need of assessment.

Drug Free School Zones

The West Milford Board of Education is committed to providing the children of this district with a school environment conducive to learning, free of drugs and drug trafficking. To that end, the Board will cooperate fully with law enforcement agencies in accordance with law and rules of the State Board of Education.

No law enforcement operation, program, or activity shall be permitted to interfere with educational goals and prerogatives, unless and until required by law.

The Board appoints the Superintendent or his designee to serve as liaison officer to the Passaic County Prosecutor's Office and the West Milford Police Department in the matter of providing drug free school zones.

The Board may enter into a memorandum of understanding with the West Milford Police Department and Passaic County Prosecutor's Office governing the roles and responsibilities of school employees and law enforcement officers with respect to controlled dangerous substances and to the planning and conduct of law enforcement activities and operations occurring on school property. Any such memorandum will be reviewed periodically and revised as necessary to comply with the requirements of law and meet the changing needs of the district.

The Board authorizes the Superintendent to approve such lawful undercover operations as may be necessary to identify and apprehend persons engaged in the illegal distribution or use of controlled dangerous substances on school premises. Any undercover operation must be planned and conducted in such a manner so as to minimize the risk of interruption to the educational program. The Superintendent is not obliged to reveal to the Board or to Board members individually the existence of any undercover operation. 

The Superintendent shall plan and implement such in-service training programs as may be required to instruct school employees in the Board's policy and procedures regarding cooperation with law enforcement activities in the provision of drug free school zones.

In implementation of this policy, the Superintendent shall develop and present procedural regulations to the Board for its approval. Such regulations will cover the following areas to the extent they are not provided for in an approved memorandum of understanding:

1. The roles and responsibilities of the liaison officer.

2. Staff cooperation with arrests made by law enforcement officers.

3. Searches on school premises.

4. Interviews of pupils suspected of possessing, using, or distributing a controlled dangerous substance.

5. The planning and conduct of undercover operations.

6. The handling of drugs and drug paraphernalia.

7. Notification of law enforcement authorities of suspected violations of the drug abuse laws.

8. Requesting uniformed police at extra-curricular events.

9. Notification of parents.

l0. The resolution of disputes.

ll. Confidentiality.

The Board will annually review and assess the effectiveness of this policy and the procedures set forth in implementing administrative regulations. The annual review will be conducted in consultation with the County Superintendent, the County Prosecutor, and members of the community.

Both policy and procedures on drug free school zones will annually be made available to all school employees, pupils, and parents, through in-service, faculty and student handbooks, parent programs, or other appropriate means.

Undercover Operations

l. The purpose of undercover operations is to identify and remove from school environments those persons who distribute or use illicit drugs and to impress on all persons that those who violate the drug laws will be subject to arrest, prosecution, and punishment.

2. Undercover operations may be undertaken as part of a comprehensive program designed to deal with substance abuse problems and drug trafficking activities on or near schools.

No undercover operation should be permitted to interfere with school substance abuse counseling and educational initiatives.

3. Principals shall cooperate with law enforcement officials in the planning of undercover school operations; principals will cooperate in the conduct of such operations that have been duly approved by the Superintendent and the appropriate law enforcement authorities.

4. All undercover operations will be planned and conducted so as to maximize their legitimate deterrent benefits while minimizing to the greatest extent possible the risk of disruption to the educational program.

5. A request for an undercover operation, whether submitted by a school administrator or a law enforcement agency, must be directed to the local Chief of Police. No such request shall be made public. The request should include:

a. A description of the extent and nature of the suspected drug trafficking activities.

b. A confidential plan for the operation that details:

(1) The procedures to be taken to provide for the security and safety of the undercover officer.

(2) Recommendations of school officials to assure the least disruption of the educational program.

(3) Assurances that any information acquired about pupils, not related to the purposes of the operation, will be kept confidential.

(4) A list of the school and law enforcement officers who have been apprised of the undercover operation and a chain of command.

(5) School contact persons available on a round-the-clock basis.

6. School employees necessarily involved in the undercover operation shall be briefed about all legal requirements of the operations.

7. Whenever possible, the principal will be informed of the identity of the undercover officer. A school employee who learns that the identify of an undercover officer may be revealed or is compromised shall convey that information immediately to the law enforcement agency directing the operation.

8. No undercover officer will:

a. Encourage or counsel a pupil to purchase or use alcohol or any controlled dangerous substance.

b. Violate the confidentiality or treatment and substance abuse counseling programs and records.

c. Discourage a pupil from seeking substance abuse counseling or from reporting his or her dependency on drugs or alcohol.

d. Participate in drug or alcohol treatment or counseling.

e. Require a school employee to violate the trust relationship established by the employee with a pupil.

f. Use or distribute controlled dangerous substances.

g. Engage in activities that disrupt the educational program.

h. Engage in or encourage a romantic relationship with a pupil.

i. Undercover officers may not carry or maintain a firearm on school property. Under exceptional circumstances, an officer may keep a firearm in the trunk of his/her car with the express approval of the officer's immediate supervisor and with the knowledge and approval of the Superintendent of Schools.

j. If the officer takes the position of a school employee, no undercover officer will,

(1) Teach a formal class of instruction without the express permission of the Superintendent.

(2) Establish or stimulate a confidential, trust, or counseling relationship with any pupil.

9. Undercover operations are subject to the rules of confidentiality set forth in Section L.

l0. The principal and the Superintendent shall be notified when the undercover operation is concluded.

First Reading: December 12, 2000
Adopted: December 19, 2000

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