For Students

Specific Procedures for ”Alcohol and Other Drugs” Violations

School staff having cause to believe that a student is in possession, under the influence, or shows evidence of having used any narcotic drug, alcohol or other controlled substance must immediately be reported to the principal or designee.

Upon receiving a report that a student may be under the influence of alcohol or other drugs, the principal or designee shall immediately meet with the student and conduct an initial screening to include:

  1. Assessment of physical symptoms.
  2. Questioning of student regarding possible use.
  3. Additional screening:

    For suspected use of alcohol:

    • An ALCO Stick, ALCO Blowstick, or Breathalyzer will be used only after visual assessment of symptoms and questioning of the student regarding possible use.
    • To be conducted by trained staff in the presence of a second staff member.

    For suspected other drug use:

    • Rapid Eye Movement screening.
    • Blood pressure/pulse rate screening.

If screening results indicate alcohol or drug use and/or possession, the principal or designee shall contact appropriate law enforcement, the District alcohol drug specialist, and parents/legal guardians. In implementing this procedure, the principal and school personnel shall coordinate all efforts with law enforcement officials and the District alcohol and drug specialist. Upon completing the initial assessment process, the principal or designee shall complete an ”Initial Alcohol and Other Drug Screening Report”. The original report shall be maintained at the school with copies forwarded to the District lead alcohol and drug specialist for possible further assessment, counseling and referral.

If possession and/or use is confirmed through the screening process established, discipline policies and procedures shall be followed.

Possession or use of alcohol, narcotic drug, controlled substance or paraphernalia (or that which purports to be) during school hours, at school events or on school property shall be considered a violation of District policy and will result in disciplinary action as follows.

Minimum Consequences:

Level of offenses are considered cumulative within and between educational levels; e.g., first offense occurs at the middle level, the student is found in violation of policy at the high school level—this offense becomes the student’s second offense.

Students subject to ”First and Second Offense” disciplinary actions for use or possession of alcohol, narcotic drugs, controlled substances and/or paraphernalia may choose to be screened/assessed and follow any recommendations made as an alternative corrective action. When screening/assessment has taken place, the length of a suspension may be reduced to five (5) days for the first offense and ten (10) days for the second offense; provided, that exceptions in the length of reductions may be made on an individual basis.

The principal or designee has the responsibility of tracking and determining if the recommendations have been followed. If a student or parent/legal guardian chooses not to follow the recommendations, the principal will impose the original disciplinary sanctions.

If the student or parent/legal guardian chooses to have an additional screening/assessment conducted by non-district staff, the student or parent/legal guardian is responsible for all expenses incurred. The student, parent/guardian shall be responsible for any expenses incurred for any treatment, counseling or laboratory procedures recommended.

Sale, distribution, trade or transfer of alcohol, narcotic drugs, controlled substances, and/or paraphernalia (or that which purports to be) will be referred to the appropriate law enforcement agencies and shall result in disciplinary actions up to, and including, immediate expulsion.

Students with current Individual Education Plans (IEPs) that are found to be in violation of District policy will be subject to disciplinary action with the following considerations.

If found to be under the influence or in possession of alcohol, narcotic drugs or any controlled substance and/or paraphernalia (or that which purports to be) based on the standard procedures noted above, corrective action taken will include:

If behavior is found to be related to the handicapping condition, an appropriate plan of action will be determined.

If behavior is determined as not related to the handicapping condition, standard consequences may be applied per Special Services Rules and Regulations and in direct consultation with the IEP team.

Grievance Procedure for Discipline and Short-Term Suspension

  1. Any student, parent or legal guardian who may be aggrieved by any disciplinary action, or by the imposition of a short-term suspension has the right to an informal conference with the principal or his/her designee and any other staff member involved. The employee whose action is being grieved shall be notified of the initiation of a grievance as soon as reasonably possible.
  2. At such informal conference, the student, parent or legal guardian shall be subject to questioning by the principal or his/her designee and shall be entitled to question school personnel involved in the matter being grieved.
  3. Any student, parent or legal guardian who may be aggrieved following the informal conference may, upon two (2) school business days prior notice, present a written and/or oral grievance to the Superintendent or to his/her designee. If the grievance is not resolved, the student, parent or legal guardian, upon two (2) school business days prior notice, may present a written and/or oral grievance to the Board of Directors at its next regularly scheduled meeting.
  4. Grievances before the Board of Directors shall be heard in an open meeting unless a closed meeting is specifically requested by the student and/or parent or legal guardian.
  5. The Board of Directors shall notify the student and the student\\’s parent or legal guardian, in writing, of its decision within ten (10) school business days following the meeting.
  6. The disciplinary action, or short-term suspension, shall continue notwithstanding the implementation of the grievance procedure unless the principal or his/her designee elects to postpone such action.

Hearing Procedures for Long-Term Suspension and Expulsion

Upon the timely receipt of written request for a hearing, the principal or other appropriate school authority, shall schedule the hearing to commence within three (3) school business days after the receipt of such request, unless an emergency expulsion has been imposed on the student in which event the hearing shall be scheduled to commence as soon as reasonably possible and in no case later than the third (3rd) school business day after receipt of the request. The student and parent or legal guardian shall promptly be informed of the time, date and place of the hearing.

The hearing shall be conducted by a hearing officer designated for such purposes by the Superintendent. The hearing officer shall not be a witness and shall determine the facts of each case solely on the evidence presented at the hearing.

The student and parent or legal guardian shall be permitted to inspect, in advance of such hearing, any documentary and physical evidence which the District intends to introduce at the hearing. The designated school authority assigned to present the District’s case shall likewise be permitted to inspect documentary and physical evidence which the student and parent or legal guardian intend to introduce at such hearing.

At any hearing, conducted in accordance with this paragraph, the student shall have the following rights:

A tape recording shall be made of the hearing by the District.

A written decision setting forth findings of fact, conclusions and the nature and duration of the suspension or expulsion, or lesser form of corrective action or punishment to be imposed, if any, shall be provided to the student’s legal counsel, if any, or to the student and parent or legal guardian. If a student is in an emergency expulsion status, the decision shall be rendered within one (1) school business day after the date upon which the hearing concludes, and shall be communicated to the student’s legal counsel or, if none, the student and parent or legal guardian by depositing a certified letter in the United States mail.

If the hearing officer imposes a sanction of a long-term suspension or expulsion, the student, or the student’s parents or legal guardians, shall have the right to appeal such decision to the Board of Directors by filing a written notice of appeal at either the Superintendent’s Office or at the office of the hearing officer within three (3) school business days after the date of receipt of the decision.

A long-term suspension or non-emergency expulsion may be imposed during the appeal period for no more than ten (10) consecutive school days or until the appeal is decided, whichever is the shortest period.

If the hearing officer imposes a sanction of long-term suspension or expulsion, and if at the time of the hearing the student is in an emergency expulsion status, such sanction shall not be stayed if the decision includes a conclusion that the student continues to pose an immediate and continuing danger to the student, other students or school personnel, or an immediate and continuing threat of substantial disruption of the educational process of the student’s school.

If a request for a hearing is not received within the required three (3) school business day period, the school district may deem that the right to a hearing has been waived and the proposed long-term suspension may be imposed.

Appeal to the School District Board of Directors

If a notice of appeal is received by the School District Board of Directors within the required three (3) school business days, the Board of Directors shall schedule and hold a meeting to review the matter within ten (10) school business days from receipt of such appeal. At that time, the student and parent or legal guardian or legal counsel shall be granted the opportunity to present such witnesses and testimony as the Board of Directors deems reasonable. Prior to adjournment, the Board of Directors shall agree to one of the following procedures:

  1. Study the hearing record or other material submitted and render its decision within ten (10) school business days; or
  2. Schedule and hold a special meeting to hear further arguments based on the record and render its decision within fifteen (15) school business days; or
  3. Hear and try the case de novo within ten (10) school business days and in accordance with the applicable hearing provision as outlined previously (see ”Hearing Procedures for Long-Term Suspension and Expulsion”).

School District Board of Directors’ Decisions

Any decision by the School District Board of Directors to impose or to affirm, reverse or modify the imposition of discipline, suspension or expulsion upon a student shall be made:

  1. Only by those Board members who have heard or read the evidence.
  2. Only by those Board members who have not acted as a witness in the matter.
  3. Only at a meeting at which a quorum of the Board is present and by majority vote.

Appeal to Superior Court

Within thirty (30) school business days of receipt of the School District Board of Directors’ final decision, any student or parent or legal guardian desiring to appeal any decision upon the part of the Board of Directors to impose, or to affirm, a long-term suspension or an expulsion shall be to the courts. Whether or not the decision of the Board of Directors shall be postponed pending an appeal to Superior Court shall be discretionary with the Board of Directors except as ordered otherwise by a court.

Readmission

Any student who has been suspended or expelled may apply for readmission at any time by making written application to the Superintendent. Any such application should state the reasons therefore and should include such assurances as may be appropriate concerning the non-recurrence of the problem which led to such suspension or expulsion.

The Superintendent may designate an individual or committee to consider the application and make recommendations concerning such readmission.

The Superintendent shall, in writing, advise the student and the student’s parent or legal guardian of his/her or his/her designee’s decision within thirty (30) school business days of the receipt of such application.

School Business Day

As used in this handbook ”school business day” shall mean any calendar day, exclusive of Saturdays, Sundays, and any federal and school holidays, upon which the office of the Superintendent is open to the public for the conduct of business. A school business day shall be concluded or terminated upon the closure of said office for the calendar day.