CODE: 5131.6R
SECTION: PUPILS
SUBSTANCE ABUSE/DRUG FREE SCHOOL ZONES
I.
Students Voluntarily Seeking Help for Alcohol and/or Drug-Related
Problems
A.
Students are encouraged to seek help for problems with or related to
substance use. The Substance
Awareness Coordinator, appropriately certified by the New Jersey State
Department of Education, will provide direct assistance or confidential
referral for students seeking help with substance abuse or on other problems
related to their substance use or use by someone in a close relationship with
them. Staff members shall
encourage students to speak with the Substance Awareness Coordinator.
B.
At the initial meeting with a student, the Substance Awareness
Coordinator will provide full disclosure of the federal confidentiality laws
and guidelines (42 CFR - Part 2). The
Substance Awareness Coordinator will be allowed to maintain confidentiality of
conversations with students meeting the following criteria:
1.
The student's health is not in imminent danger.
2.
The information does not indicate that the health or safety of another
individual is threatened.
II.
Students Suspected of Being Under the Influence of Substances
For the purpose of this policy, Aimmediately@
is defined as, Awithout
lapse of time; without delay; instantly; at once.@
A.
When a student is suspected of being under the influence or of having
ingested any substances, the following steps will be taken in the order listed
below:
1.
Any staff member to whom it appears that a student may be under the
influence of alcohol and/or other drugs on school property or at a school
function shall report the matter as soon as possible to the building principal
or his/her designee. The
administrator will locate the student and escort him/her directly to the
Nurse's Office.
2.
The principal/designee shall immediately notify the parent/guardian and
the Superintendent of Schools and arrange for an immediate medical examination
of the student by the district approved substance abuse testing facility or by
a doctor selected by the parent/guardian. If neither option is available,
the student shall be taken immediately to the emergency room of the
nearest hospital for examination accompanied by a parent/guardian.
If the parent or guardian chooses to have the examination
conducted by a physician other than the district=s
approved substance abuse testing facility, such examination shall not be at
the expense of the Board of Education. The
parent/guardian shall remain with the student while awaiting the medical
examination. Failure to comply immediately with the requirement to undergo
a medical exam shall be considered a positive diagnosis.
3.
A written report of said examination shall be furnished within 24 hours
by the examining physician to the parent/guardian of the student, the
principal, and the Superintendent of Schools.
If the written report of the medical examination is not available,
through no fault of the parent/guardian or student, within 24 hours,
the student shall be allowed to return to school until such time as a positive
diagnosis of alcohol/drug use is received.
4.
If there is a positive diagnosis, the student shall be subject to the
following disciplinary action after an interview with the pupil or pupil and
parent(s), by the principal, or his designated representative, prior to any
suspension, to:
Make sure the pupil and/or pupil and parents know exactly why the pupil
has been referred;
Convey to pupil (parties) the seriousness of his/her behavior;
Afford the pupil (parties) the opportunity to present his/her side of
the events in its entirety;
Record information pertinent to the case and make the pupil (parties)
aware of the record to be kept on file;
Review with the pupil (parties) the reason for any suspension
recommendation.
a.
First Offense:
(1)
Suspend for five (5) days out of school or in- school based upon the
evaluation of the building principal.
(2)
Removal from extracurricular activities during suspension period.
(3)
Parental re-entry conference.
(4)
The West Milford Police Department will be notified, and a possible
complaint will be signed upon the evaluation of the building principal.
b.
Second Offense:
(1)
Suspend for ten (10) days out of school.
Formal due process notice and hearing requirements are the
prerequisites for any suspension 10 days or more in length.
(2) Removal from extracurricular activities during suspension period.
(3)
Parental re-entry conference.
(4)
Complaint signed with the West Milford Police Department.
c.
Third Offense:
(1)
Suspend out of school. Formal
due process notice and hearing requirements are the prerequisites for any
suspension 10 days or more in length. Reinstatement
pending the outcome of a meeting with the appropriate Board of Education
committee. Action by the entire
Board of Education may be necessary to continue or terminate the suspension.
(2)
Complaint signed with the West Milford Police Department.
5.
Return to school is prohibited until a written report has been
submitted to the parent/guardian, principal, and Superintendent of Schools
from a physician who has examined the student to diagnose substance use and/or
abuse. The report shall certify
that the substance use and/or abuse no longer interferes with the student's
physical and mental abilities to perform in school.
6.
Refusal or failure by a parent to comply with the provision of N.J.S.A.
18A:40A-12 shall be deemed a violation of the compulsory education (N.J.S.A.
18A:38-25 and 18A:38-31) and/or child neglect (N.J.S.A. 9:6-1 et seq.) laws.
III.
Possession or Distribution of Alcohol and Other Drugs
A.
When a student is found to be in possession of any quantity of illegal
substances on school grounds or at a school activity, the West Milford
Township Police Department shall be called to investigate.
B.
When illegal substances are found, it shall be the responsibility of
the police to complete their normal reporting procedures and any other legal
actions such as complaints, depending on the quantity of the substances.
It shall also be the responsibility of the police to determine whether
the quantity and/or circumstances will be considered "possession" or
"distribution" in accordance with New Jersey law.
C.
Students found in "possession" will be subjected to the
following after an interview with the pupil or pupil and parent(s), by the
principal, or his designated representative, prior to any suspension, to:
Make sure the pupil and/or pupil and parents know exactly why the pupil
has been referred;
Convey to the pupil (parties) the seriousness of his/her behavior;
Afford the pupil (parties) the opportunity to present his/her side of
the events in its entirety;
Record information pertinent to the case and make the pupil (parties)
aware of the record to be kept on file;
Review with the pupil (parties) the reason for any suspension
recommendation.
1.
First Offense:
a.
Suspend for five (5) days out of school or in-school based upon the
evaluation of the building principal.
b.
Removal from extracurricular activities during suspension period.
c.
Parental re-entry conference.
d.
Complaint signed with the West Milford Police Department.
2.
Second Offense:
a.
Suspend for ten (10) days out of school.
Formal due process notice and hearing requirements are the
prerequisites for any suspension 10 days or more in length.
b.
Removal from extracurricular activities during suspension period.
c.
Parental re-entry conference.
d.
Complaint signed with the West Milford Police Department.
3.
Third Offense:
a.
Suspend out of school. Formal
due process notice and hearing requirements are the prerequisites for any
suspension 10 days or more in length. Reinstatement
pending the outcome of a meeting with the appropriate Board of Education
committee.
Action by the entire Board of Education may be necessary to continue or
terminate the suspension.
b.
Complaint signed with the West Milford Police Department.
D.
The Board of Education maintains the right to conduct an expulsion
hearing on any student found selling, possessing, or distributing illegal
substances as outlined in this policy.
E.
Students charged with distribution or intent to distribute will be
subject to the following in compliance with the due process standards of the
Board of Education Policy on Suspension and Expulsion.
(Code: 5114)
1.
Out-of-school suspension for ten (10) days and removal from
extracurricular activities.
2.
Appear at an automatic expulsion hearing before the Board of Education
to determine to what extent the student is a danger to himself/herself and/or
the school community.
3.
If reinstated, a monitoring program and monthly reports to the Board of
Education shall be written and submitted by the Substance Awareness
Coordinator.
F.
Second, any subsequent offenses shall result in an expulsion hearing
before the Board of Education in compliance with the due process standards of
the Board of Education Policy on Suspension and Expulsion.
(Code: 5114)
G.
Any student who is suspended from school for violating Part II and/or
Part III of this policy will additionally be required to meet with the
Substance Awareness Coordinator. If
deemed appropriate by the Substance Awareness Coordinator, an assessment for
chemical dependency will be arranged by the parents/guardians.
Parents/guardians and the student will sign a release of confidential
information so that the school can receive the results of the assessment
without breaking confidentiality.
H.
When the results of an assessment for chemical dependency indicate a
need for treatment, the parents/guardians will make the necessary arrangements
for such treatment. All expenses
for treatment will be the responsibility of the parent/guardian. The Board of Education will pay for home instruction while a
student is in an in-patient treatment program.
I.
In the event a parent/guardian and/or student refuses to seek
treatment, the student will not be allowed to return to school. In such cases, the student will be required to appear at an
expulsion hearing before the Board of Education. Additionally, a report of the alleged neglect will be filed
with the Division of Youth and Family Services when the parents/guardians
refuse to seek treatment for their child.
J.
The Substance Awareness Coordinator will monitor students enrolled in
an approved out-patient or in-patient program.
Students in an out-patient program may continue to attend school only
as long as participation in the program can be documented. Students
who return to school from an in-patient facility must be accompanied by a
letter from the treatment facility stating that the treatment program was
successfully completed and that they recommend the student return to school.
IV.
Anabolic Steroids
A.
In instances involving anabolic steroids, the following shall apply:
1.
Whenever any teaching staff member, school nurse, or other educational
personnel of any public school shall have reason to believe that a student has used or may be using anabolic steroids, that teaching staff member,
school nurse, or other educational personnel shall report the matter as soon
as possible to the school nurse or medical inspector, as the case may be, or
to the Substance Awareness Coordinator and to the principal or, in his/her
absence, to his/her designee.
2.
The principal or his/her designee shall immediately notify the parent
or guardian and the Superintendent of
Schools and shall arrange for an examination of the student by a physician
selected by the parent/guardian or by the medical inspector.
The student shall be examined as soon as possible for the purpose of
diagnosing whether or not the student has been using anabolic steroids.
3.
A written report of that examination shall be furnished by the
examining physician to the parent/guardian of the student and to the
Superintendent of Schools or administrative principal.
4.
If it is determined that the student has been using anabolic steroids,
the student shall be interviewed by the Substance Awareness Coordinator for
the purpose of determining the extent of the student's involvement with these
substances and possible need for treatment.
5.
If it is determined that the student's involvement with and use of
these substances represents a danger to the student's health and well being,
the Substance Awareness Coordinator shall refer the student to an appropriate
treatment program which has been approved by the Commissioner of Health.
V.
Search and Seizure
A.
All students shall be notified at the beginning of the school year that
"lockers are school property and, therefore, subject to search by school
administration" at any time. These
searches shall follow the guidelines established for New Jersey Schools in the
Administrative Code but shall include the following guidelines:
1.
"Reasonable suspicion" based on statements of concern by
staff members or students and observation of physical behavior or condition
(by the principal or his/her designee) of a suspicious nature which indicates
possible substance use or possession.
2.
Searches of a "cursory" nature as defined above may be
conducted including a visual inspection and request that students empty
pockets, purses, and other belongings.
3.
If a student refuses a search of a cursory nature, the student's
parent/guardian will be notified and asked to come to the school. If the student and/or parent/guardian continue to refuse a
search of a cursory nature, the West Milford Police Department will be
contacted.
Regulations -
Drug Free School Zones
A.
Definitions
1.
"Controlled dangerous substance" means a drug, substance, or
immediate precursor as defined at N.J.S.A.
2C:35-2 and includes controlled substance analogs.
2.
"County Prosecutor" means the prosecutor of the County of
Passaic.
3.
"Dispute" means a question, dispute, or objection as to any
proposed or ongoing law enforcement operation or activity.
4.
"Drug free school zone" means the zone comprised of a school
building, its grounds, and the area surrounding the school within a boundary
established one thousand feet in all directions from the outer boundary of the
school property. The drug free
school zone will be set by the appropriate law enforcement agency.
5.
"Law enforcement agency" means the Passaic County
Prosecutor's Office and the West Milford Police Department.
6.
"Law enforcement officer" means a sworn officer of the law
enforcement agency.
7.
"Memorandum of Agreement" means an agreement entered by the
Board of Education and the law enforcement agency 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.
8.
"Operating school hours" means the time period in which the
school is in session or when pupils are engaged in school-related activities
under the supervision of teaching staff members.
9.
"Parent" means the parent or parents or legal guardian having
legal custody and control of a pupil.
10.
"Planned arrest" means an arrest or taking into custody based
upon probable cause which was known to a law enforcement officer sufficiently
in advance of the time of the actual arrest, whether as a result of an
undercover school operation, planned narcotics surveillance, or otherwise, so
that there was sufficient opportunity for the arresting officer or any other
law enforcement officer to apply for and obtain an arrest warrant, even though
an arrest warrant may not have been sought or issued.
The term includes arrests made pursuant to a "clean sweep"
operation.
11.
"Planned narcotics surveillance" means a planned operation
wherein a law enforcement officer(s) enters onto school property or buildings
in plain clothes during or while participating in activities associated with
the use,
possession, or distribution of any controlled dangerous substance.
The term does not include observations made by a law enforcement
officer, whether in uniform or in plain clothes, from any place or property
not owned by the Board of Education.
12.
"Principal" means the administrator in charge of a school
building or facility and includes the qualified person, if any, duly delegated
by the principal to perform the duty or discharge the responsibility assigned
to the principal.
13.
"Designee" means an administrator or qualified person duly
delegated by the principal to perform the duty or discharge the responsibility
assigned to the principal.
14.
"Routine patrol" means activities undertaken by a law
enforcement officer, whether in uniform or in plain clothes and whether on
foot or in a marked or unmarked vehicle, to patrol areas within a drug free
school zone for the purpose of observing or deterring any criminal violation
or civil disturbance.
15.
"School employee" means a person employed by the Board of
Education and includes the Superintendent, all administrators, all other
teaching staff members, and all support staff members.
16.
"Spontaneous arrest" means an arrest or taking into custody
based upon probable cause to believe than an offense is being committed in the
arresting officer's presence under circumstances where the officer could not
have foreseen with certainty that the specific offense would occur and thus
where the arresting officer had no reasonable opportunity to apply for an
arrest warrant. The term includes
any arrest or taking into custody in response to a request by a school
official.
17.
"Undercover school operation" means a planned operation
undertaken by a law enforcement agency wherein a law enforcement officer(s) is
placed in a school community and poses as a member of the school community for
the purpose of identifying and eventually apprehending persons engaged in the
illegal distribution of controlled dangerous substances.
B.
Liaison Officer Roles and Responsibilities
The liaison officer(s) appointed by the Board of Education pursuant to
Policy 5131.6 shall:
1.
Facilitate communication and cooperation between the school district
and the law enforcement agency.
2.
Identify issues or problems that arise in the implementation of Policy
5131.6 and this regulation and facilitate the resolution of such problems.
3.
Act as the primary contact person between the schools and the law
enforcement agency.
4.
Cooperate with the law enforcement agency in developing training
programs and other joint efforts, including information exchanges and joint
speaking engagements.
5.
Maintain communications with school staff members charged with
intervention and prevention efforts.
6.
Maintain communications with the liaison officer appointed by the law
enforcement agency.
7.
Report regularly to the Superintendent on matters relating to school
district and law enforcement cooperation.
C.
Staff Cooperation with Arrests Made by Law Enforcement Officers
1.
Staff members shall be governed by the terms of the memorandum of understanding, if any, entered into by the Board and the law enforcement
agency regarding the preferred procedures by which law enforcement officers
will be summoned to arrest persons and permitted to enter school premises for
the purpose of effecting arrests.
2.
To the maximum extent possible consistent with public safety, an arrest
on school premises will be effected in such a manner as to permit the
continuation of the educational program without disruption.
3.
The principal shall be prepared to suggest to a law enforcement officer
the place and manner of effecting the arrest that will permit the least
disruption of the educational program. Whenever
possible, an arrest should be made in the principal's office or in another
area not populated by pupils.
4.
A school employee who believes that a law enforcement officer should be
summoned to effect an arrest shall, whenever possible, so inform the
principal; and the principal shall call the law enforcement agency. If informing the principal is not possible or would delay the
call, the employee shall then notify the Board approved staff member in charge
who shall summon the law enforcement agency directly and shall inform the
principal as soon as possible thereafter.
5.
The principal shall require that a law enforcement officer inform him
or her whenever a pupil enrolled in this district is arrested and removed from
school premises. The principal
shall require the name of the pupil and information regarding the
circumstances of the arrest.
6.
The principal shall require that a law enforcement officer inform him
or her whenever a person other than a pupil is arrested and removed from
school premises.
The principal shall require information regarding the circumstances of
the arrest and, if the arrested person is not a juvenile, his or her name.
7.
The principal shall be informed of an arrest of a pupil enrolled in his
or her school when the pupil is arrested:
a.
Off school property during operating school hours.
b.
While the pupil is under the care and custody of a school official or
teaching staff member.
c.
In transit between school and home at the time of the arrest.
8.
The principal shall make and keep a record of the arrest of any pupil
enrolled in his or her school. The
record shall be kept confidential and shall include:
a.
The pupil's name, age, and grade.
b.
The name of the arresting officer.
c.
The place to which the pupil was taken, if known.
d.
The circumstances of the arrest to the extent they are known.
e.
The manner in which and time at which the pupil's parent was notified
or, if the parent was not notified, the efforts made to find and notify the
parent.
f.
The disposition of the criminal matter.
9.
No school employee shall impede any law enforcement officer engaged in
a lawful arrest, whether or not the officer has presented an arrest warrant.
10.
A question regarding the legality of any contemplated or ongoing arrest
conducted by a law enforcement officer and relating to the use, distribution,
or possession of a controlled dangerous substance may be directed to the
County Prosecutor. A question
regarding an arrest undertaken by a member of the Statewide Narcotics Task
Force may be directed to the Assistant Attorney General in charge.
D.
Searches on School Premises
1.
School administrators having a legitimate interest in maintaining pupil
discipline are authorized to conduct investigations of suspected rule
infractions and to subject pupils and pupils' property to reasonable searches
and seizures. The Superintendent
will develop specific procedures to be used during such searches.
2.
A search conducted by the school principal or designee of a pupil or a
pupil's personal property or a place in which a pupil has a reasonable
expectation of
privacy must comply with existing policy and code.
In the case of a personal searches, such searches shall be conducted by
a female designee for female students and a male designee for male students.
3.
A principal may request that a law enforcement officer assume the
responsibility for conducting a search or seizure.
Because law enforcement officers must meet a legal standard for the
conduct of a search or seizure more stringent than that imposed on school
officials, the law enforcement officer may decline to conduct the search.
4.
No school employee shall impede any law enforcement officer engaged in
a lawful search or seizure, whether or not the officer has presented a search
warrant.
5.
When law enforcement officers arrive on the scene of a joint and
cooperative search commenced by school officials, the law enforcement officers
will assume responsibility for the search and will conduct the search
thereafter in accordance with standards governing the conduct of searches by
law enforcement officers.
6.
Any substance believed to be a controlled dangerous substance that
comes into the possession of a school employee, whether as the result of a
search or otherwise, must be handled in accordance with Section G of this
policy.
7.
The school principal or designee is authorized to exercise independent
judgment in the search of pupils and pupil's property.
Unless the principal or designee has made an independent determination
that a search or seizure is warranted under his or her authority to discipline
pupils and maintain the order of the school, no school employee shall be
required to participate actively in a search or seizure:
a.
Conducted or supervised by a law enforcement officer.
b.
On behalf of a law enforcement officer.
c.
For the sole purpose of ultimately turning evidence of a crime over to
a law enforcement agency.
8.
A question regarding a search conducted by the school principal or
designee and relating to the use, distribution, or possession of a controlled
dangerous substance shall be directed to the County Prosecutor and Board
attorney.
9.
A question regarding the legality of any contemplated or ongoing search
or seizure conducted by a law enforcement officer and relating to the use,
distribution, or possession of a controlled dangerous substance or the law
regarding searches generally may be directed to the County Prosecutor.
A question regarding a search undertaken by a member of the Statewide
Narcotics Task Force may be directed to the Assistant Attorney General in
charge.
E.
Interviews of pupils suspected of possessing, using, or distributing a
controlled dangerous substance.
1.
A law enforcement officer who wishes to interview a pupil shall be
required to ask the principal for access to the pupil, regardless of the
pupil's location in or about school premises or on a school-sponsored trip or
at a school-sponsored event.
2.
The principal shall ascertain the reason for the interview and whether
the pupil is suspected of having committed an offense involving the use,
possession, or distribution of a controlled dangerous substance or is merely
being questioned for information.
3.
The principal shall ask the law enforcement officer to delay the
interview or conduct the interview away from school.
In general, it should not be necessary to conduct an interview in
school unless the matter involves:
a.
A crime committed in school.
b.
An investigation that would be compromised without the interview in
school.
c.
An endangerment to the lives or safety of pupils or other persons.
4.
The principal shall notify the pupil's parent of the interview before
it begins. The pupil may be
questioned in the absence of the parent only if the parent gives permission or
refuses to attend.
5.
If the interview is to be conducted in school, the principal shall call
the pupil to his or her office and shall remain present throughout the
interview.
6.
If the law enforcement officer has not done so, the principal shall
inform the pupil that he or she is not required by law to answer questions.
7.
If the law enforcement officer has not done so, the principal shall
inform the pupil and the pupil's parent that he or she may request the
presence of an attorney. If the
pupil or his or her parent so requests, the interview will be terminated
pending the participation of the pupil's attorney.
8.
The principal shall make it clear to both the law enforcement officer
and the pupil that his or her presence is for the protection of the pupil, not
to assist the interview process. The
principal shall:
a.
Prohibit the use of threats or pressure of any kind to elicit a
response from the pupil.
b.
Refrain from conducting the interview on behalf of the law enforcement
officer.
c.
Terminate the interview whenever he or she determines that it is
conducted with less than fundamental fairness to the pupil.
9.
No school employee shall conduct the interview of a pupil at the
direction of a law enforcement officer when the circumstances are such that
the law enforcement officer cannot legally question the pupil.
F.
Handling of Drugs and Drug Paraphernalia
1.
A school employee, including any substance abuse coordinator or
counselor, who seizes or discovers any substance or item believed to be a
controlled dangerous substance or drug paraphernalia shall immediately notify
and turn over the substance or paraphernalia to the school principal or
designee.
2.
The principal or designee shall
immediately notify the Superintendent, who will notify the County Prosecutor
or a person designated by the County Prosecutor to receive such information.
3.
The principal or designee shall
safeguard the substance or item against further use, loss, or destruction
until a law enforcement officer takes custody of it.
a.
The principal or designee shall
place the substance or item in a protective container (such as an envelope or
box) and shall seal the container.
b.
The principal or designee shall
record or cause to be recorded on the container or on a document attached to
the container:
(1)
A description of the substance or item.
(2)
The name and signature of the person who found or seized the substance
or item.
(3)
The date, time, and place the substance or item was found or seized.
(4)
The circumstances under which the substance or item was found or
seized.
(5)
The name of the pupil or staff member believed to be in possession of
the substance or item when it was found or seized.
c.
The container will be placed in a secure location under lock and key
and under the principal's or designee=s direct control.
d.
In the event any person other than the principal is permitted access to
the substance or item prior to its retrieval by a law enforcement officer,
that person shall enter his or her name and signature on the record along with
the time and date of inspection and the reason for the access.
Access to the substance or item will be permitted only in the presence
of the principal or designee.
e.
The law enforcement officer who takes custody of the substance or item
shall be required to sign and date the record to indicate his or her receipt
of the substance or item.
4.
The principal shall provide to the law enforcement officer who takes
custody of the substance or item:
a.
All information concerning the manner in which it was found or seized
b.
The identity of all persons who had custody of the substance or item
following its discovery or seizure.
c.
Unless and until required by law, the identity of any pupil or staff
member believed to have been in possession of the substance or item, except
that the identity of any pupil or staff member will not be released if that
pupil or staff member:
(1)
Voluntarily and on his or her own initiative turned over the substance
or item to a school employee and not as the result of questioning initiated by
the staff member or following the discovery of the substance or item.
(2)
There is no reason to believe that the student was involved in
distribution activities.
(3)
Agrees to participate in an appropriate treatment or counseling
program.
G.
Notifying law enforcement authorities of suspected violations of drug abuse laws.
1.
A school employee who has reason to believe that a pupil or employee
has possessed or has in any way been involved in the distribution of a
controlled dangerous substance or drug paraphernalia on or near school
property shall report the matter as soon as possible to the principal.
2.
The principal shall promptly notify the Superintendent.
3.
The Superintendent shall notify as soon as possible the County
Prosecutor or the law enforcement official designated by the County Prosecutor
to receive such information. Such
notice shall include:
a.
All known information concerning the matter.
b.
The identity of the person or persons suspected of involvement, except
that, unless and until required by law, the Superintendent will not disclose
the identity of any pupil or staff member who:
(1)
Has sought treatment or counseling for a substance abuse program
voluntarily. However, even if a
student so seeks treatment voluntarily, he or she will not be exempt from
disclosure if such treatment or counseling is sought only in response to
questioning by a school employee or law enforcement officer or following the
discovery of a controlled dangerous substance or drug paraphernalia in
possession of the student.
(2)
Is not currently involved or implicated in drug distribution
activities.
4.
All referrals of pupils and employees under this section shall conform
to the requirements for confidentiality set forth at N.J.A.C. 6:29-6.3 and in
Section L of this regulation.
H.
Requesting Uniformed Police Attendance at Extra-Curricular Events.
1.
The principal will supply the law enforcement agency having patrol
jurisdiction over his or her school with a calendar of extra-curricular events
at which the presence of police officers may be required.
2.
The principal will cooperate with the law enforcement agency in
planning adequate police protection as required for deterring illegal drug use
and trafficking and maintaining public order and safety.
3.
The presence of uniformed policy officers will be required at all major
school interscholastic athletic events. The
use of uniformed policy officers at other events, especially those conducted
within school buildings, must be approved by the principal, except where the
County Prosecutor or chief of the law enforcement agency determines the use of
uniformed officers is dictated by compelling reasons.
I.
Notification of parent
1.
The principal will notify the pupil's parent immediately whenever a
pupil is arrested or taken into custody for violating any laws prohibiting the
possession, use, sale or other distribution of any controlled dangerous
substance or drug paraphernalia.
2.
The principal will notify the pupil's parent whenever a pupil is
interviewed regarding his or her involvement with a controlled dangerous
substance, in accordance with Section E of this regulation.
3.
Notification will be by telephone call to the parent's home or place of
work.
4.
The principal will make every reasonable effort to reach the parent and
will record in writing the date, time, and nature of each such effort.
5.
If all reasonable efforts at telephone and personal notification have
failed to locate and inform the parent, the principal will notify the parent
by registered mail, return receipt requested, sent to the address indicated in
the pupil's records.
J.
Resolution of Disputes
1.
A dispute should be directed, in the first instance, to the principal.
The principal, in consultation with the district liaison officer, will
attempt to resolve the dispute at the most immediate level.
2.
A dispute that cannot be resolved by the principal shall be referred to
the Superintendent, who shall direct the matter to the Chief of Police or the
law enforcement agency.
3.
A dispute that cannot be resolved by the Chief of Police of the law
enforcement agency will be referred to the County Prosecutor, who will
cooperate with the County Superintendent toward a resolution of the matter.
4.
A dispute that cannot be resolved at the County level will be resolved
by the Attorney General.
5.
Nothing in this paragraph should be construed as attempting to divest
any person of his or her right to take action in a court of competent
jurisdiction.
K.
Confidentiality
1.
All information concerning a pupil's or school employee's involvement
in a school intervention or treatment program shall be kept strictly
confidential in accordance with 408 or the Drug Abuse Prevention Treatment and
Rehabilitation Act, 21 U.S.C. 1175, and implementing regulations, 42 C.F.R.
Part 2.
2.
Nothing in this regulation 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.
3.
Unless and until required by law, the principal shall not disclose to
law enforcement officers or to any person other than a member of the district
substance abuse program:
a.
The information that a pupil or school employee has received or is
receiving evaluation or treatment services from the district's substance abuse
program.
b.
Any information, including the pupil's or school employee's identity or
information about illegal activity, learned in the course of or as a result of
evaluation or treatment services provided by the district's substance abuse
program.
4.
Undercover operations are subject to the following rules of
confidentiality:
a.
All information about an undercover operation shall be kept strictly
confidential, including, but not limited to:
(1)
The request to undertake the operation.
(2)
Information submitted as justification or explanation for the need for
a proposed operation.
(3)
The identity of the undercover officer.
b. A school official or employee informed of the operation will disclose no information about the operation without the express permission of the County Prosecutor.
c.
A school official or employee informed of the operation will report
immediately to the County Prosecutor any information he or she receives that
suggests that:
(1)
The true identity of the undercover officer has been revealed.
(2)
Any person has questioned the identity or status of the undercover
officers as a bona fide member of the school community.
(3)
The integrity of the operation has been in any other way compromised.
5.
Plans for planned narcotics surveillances and routine patrols by law
enforcement officers shall be kept strictly confidential by the principal and
any other school employee to whom they are reported.
6.
Nothing in this section shall be construed to preclude the disclosure of
information about illegal activity that was learned by any school employee
outside the district's substance abuse program; any such information shall be
reported in accordance with this regulation.
L.
Memorandum of Agreement
In the event the Board of Education formally enters a Memorandum of
Agreement with a law enforcement agency regarding the reciprocal rights and
responsibilities of the school district and the law enforcement agency in the
school district and the law enforcement agency in the matter of the planning and
conduct of law enforcement operations relating to the use, possession, and
distribution of controlled dangerous substances on school property, the terms of
that agreement will supersede any conflicting term in this regulation.
First Reading: July
22, 2003
Adopted:
August 26, 2003