document resume ed 353 522 cg 024 740 title the …elmo g cross jr. from the house of deleg:-tes....

DOCUMENT RESUME

ED 353 522 CG 024 740

TITLE The Virginia Plan for Drug-Free Schools. Report tothe Governor and the General Assembly of Virginia.

INSTITUTION Virginia State Crime Commission, Richmond.SPONS AGENCY Virginia State Dept. of Criminal Justice Services,

Richmond.PUB DATE 92

CONTRACT 91-A7951-ADNOTE 57p.

PUB TYPE Reports Descriptive (141)Legal /Legislative /Regulatory Materials (090)

EDRS PRICE MF01/PC03 Plus Postage.DESCRIPTORS *Drug Abuse; *Elementary Secondary Education;

*Prevention; *School Law; *School Policy; StateLegislation

IDENTIFIERS *Drug Free Schools; *Virginia

ABSTRACTIt was requested that the Virginia Crime Commission

develop a plan for drug-free schools that could be distributed toVirginia's local education agencies. Meetings were held to examinethe ksy issues relating to developing drug-free environments in thepi'biic schools. Four issues were identified as critical to reducingthe availability of drugs in schools and to providing assistance tostudents with substance abuse problems and a total of 10recommendations were made in these areas. In the area of school drugpolicies it was recommended that training be offered on theimportance of writing drug policies which conform to federal andstate laws and local school divisions should appoint expert advisorycommittees. In the area of search and seizure on school policies itwas recommended that school employees receive adequate training inlaws pertaining to schools and that local school division officialsshould meet regularly with local law enforcement officials. In thearea of drug-free zones on school properties it was recommended thatinformation be provided on the drug-free zone law as it pertains toschools; and that changes be made in the posting, purchase, andprovision of drug-free school signs. In the area of studentassistance programs it was recommended that local school divisionsshould be encouraged to develop student assistance programs and thatthe Drug Policy Office of the Governor expand its student assistanceprograms. (ABL)

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Reproductions supplied by EDRS are the best that can be madefrom the original document.

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REPORT OF THEVIRGINIA STATE CRIME COMMISSION ON

The Virginia Planfor Dfug-FreeSchools

TO THE GOVERNOR ANDTHE GENERAL ASSEMBLY OF VIRGINIA

HOUSE DOCUMENT NO. 47COMMONWEALTH OF VIRGINIARICHMOND1992

HST COPY AVAILABLE

SCOPE OF INTEREST NOTICE

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IN RESPONSE TOTHIS LETTER TELEPHONE

18C41225 -4534

I- L RUSSELLEXECUTIVE DIRECTOR

COMMONWEALTH of VIRGINIAVIRGINIA STATE CRIME COMMISSION

General Assembly Building

December 10, 1991

TO: The Honorable L. Douglas Wilder, Governor of Virginia,and Members of the General Assemoly:

MEMBERSFROM THE SENATE OF 'PRO NiA

ELMON T GRAY. CHAIRMANHOWARD P ANDERSONELMO G CROSS JR

FROM THE HOUSE OF DELEG:-TESROBERT B BALL. SR V,CE ChA RYA'.JAMES F ALMAND

THOMAS FOREHANDRAYMOND R GUEST JRA L PH!LPOTTCLIFTON A WOODRUM

APPOINTMENTS BY THEROBERT C SOBBROBERT F HORAN JP.GEORGE F RICKETTS

ATTORNEY GENERAL S CPP CE

H LANE KNEECLER

House Joint Resolution 360, adopted by the 1991 General Assembly,directed the Virginia State Crime Commission develop "a plan to ensuredrug free schools." On December 10, 1991, the Virginia State CrimeCommission adopted the Virginia Plan for Drug Free Schools report,approved it for publica':ion and requests that the Governor and GeneralAssembly adopt the recommendations therein. I have the honor ofsubmitting herewith the Virginia State Crime Commission report on a planfor drug free schools.

Res tfully submitted,

lmon T. GrChairman

ETG:dgs

Enclosure

GENERAL ASSEMBLY BUILDING 910 CAPITOL STREET SUITE 915 RICHMOND. VIRGINIA 23219

I

MEMBERS OF THE VIRGINIA STATE CRIME COMMISSION 1991

From the Senate of Virginia

Elmon T. Gray, ChairmanHoward P. Anderson

Elmo G. Cross, Jr.

From the House of Delegates

James F. AlmandRobert B. Ball, Sr., Vice Chairman

V. Thomas Forehand, Jr.Raymond R. Guest, Jr.

A. L. PhilpottClifton A. Woodrum

Appointments by the Governor

Robert C. BobbRobert F. Horan, Jr.

Rev. George F. Ricketts, Sr.

Attorney General's Office

H. Lane Kneed ler

Drug Issues Subcommittee

Crime Commission Members

Delegate Raymond R. Guest, Jr., ChairmanDelegate James F. Almand

Robert C. BobbSenator Elmon T. Gray

H. I Ae Kneed lerSpeaker A. L. Philpott

Rev. George F. Ricketts, Sr.

Research Staff

Dana G. Schrad, Staff AttorneySusan A. Bass, Research AnalystKatie Vawter, Research Assistant

Gina L. Ford, Secretary

Frederick L. Russell, Executive DirectorSylvia A. Coggins, Administrative Assistant

The Virginia Plan for Drug-Free Schools

TABLE OF CONTENTS

I. Authority for Study 1

II. Members Appointed to Serve 1

III. Executive Summary 2

Iv. Study Design 4

V. Study Goals and Objectives 4

VI. Background 5

A. School Drug Policies 5

B. Search and Seizure on School Properties 9

C. Drug-Free School Zones 11

D. Student Assistance Programs 12

VII. Recommendations 16

VIII. Acknowledgements 18

Appendix A - House Joint Resolution 360 A-1

Appendix B - Drug-Free Schools and Campuses; Final Regulations B-1

Appendix C - Six Model Student Drug Policies C-1

Appendix D - Search and Seizure Laws (Code of Virginia) D-1

Appendix E - Drug-Free Zone Law (Code of Virginia) E-1

Appendix F References F-1

This project was supported in part by Grant No. 91-A7951 AD awarded by theDepartment of Criminal Justice Services. The opinions, findings and conclusions orrecommendations expressed in this publication are those of the authors and do notnecessarily reflect the views of the Virginia Department of Criminal Justice Servicesor the U. S. Department of Justice.

The Virginia Plan for Drug-Free Schools

I. Authority for Study

During the 1991 legislative session, Delegate E. R. "Ted" Harris, Jr. ofLynchburg successfully patroned House Joint Resolution 360 directing the VirginiaState Crime Commission to develop "a plan to ensure drug free schools" in theCommonwealth of Virginia. House Joint Resolution 360 (1991) is a continuation ofDelegate Harris' 1990 House Joint Resolution 161, that directed this activity to theCrime Commission's Drug Trafficking Task Force.

Section 9-125 of the Code of Virginia establishes and directs the Virginia StateCrime Commission to "study, report and make recommendations on all areas ofpublic safety and protection." Section 9-127 of the Code of Virginia provides that"the Commission shall have the duty and power to make such studies and gatherinformation in order to accomplish its purpose, as set forth in Section 9-125, and toformulate its recommendations to the Governor and General Assembly." Section 9-134 of the Code of Virginia authorizes the Commission to "conduct private andpublic hearings, and to designate a member of the Commission to preside over suchhearings." The Virginia State Crime Commission, in fulfilling its legislativemandate, undertook the study to produce a Virginia plan for drug-free schools.

II. Members Appointed to Serve

At the April 16, 1991, meeting of the Crime Commission, Chairman Elmon T.Gray of Sussex selected Raymond R. Guest, Jr. to serve as Chairman of the DrugIssues Subcommittee studying the development of a plan for drug-free schools. Thefollowing members of the Crime Commission were selected to serve on thesubcommittee:

Delegate Raymond R. Guest, Jr., Chairman, Front RoyalDelegate James F. Almand, Arlington

Robert C. Bobb, RichmondSenator Elmon T. Gray, Sussex

H. Lane Kneed ler, Attorney General's OfficeSpeaker A. L. Philpott, Bassett

Rev. George F. Ricketts, Sr., Richmond

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Executive Summary

Delegate Harris requested that a report be developed to encourage schooldivisions to develop student assistance programs, and promote better drug lawenforcement in the schools. He did not recommend or request any changes inexisting Virginia law. After meeting with Delegate Harris, it was agreed that theVirginia State Crime Commission could utilize the mandate of HJR 360 to develop atechnical assistance manual for local school divisions. Therefore, the final report ofHJR 360 does not include any recommendations to amend Virginia law. However,it does include information for the benefit of local school divisions on the followingsubjects:

1. Student and Employee Drug Policies2. Search and Seizure on School Properties3. Drug-Free Zones on School Properties4. Student Assistance Programs

The recommendations in HJR 360 are directed to the Governor and GeneralAssembly, and to local school boards and superintendents. In general, therecommendations encourage school divisions to upgrade their drug policies, workin cooperation with local and state law enforcement agencies, post drug-free :(thoolzone signs and develop their student assistance programs.

The information included in the HJR 360 is the most updated available. TheYouth Risk Prevention Office of the Virginia Department of Education supports thedistribution of the HJR 360 report to local school divisions as an effective way toassist local school divisions. It best illustrates the Commission's intent to promotedrug prevention programs in the schools.

HJR 360 recommendations:

A. School Drug Policies

1. The Virginia Department of Education should offer regulartraining for the local Drug Act Contacts on the importanceof writing student and employee drug policies that comply withfederal and state laws.

2. Local school divisions should appoint expert advisorycommittees to review annually the divisions' student andemployee drug policies, and require annual public review andapproval of these policies by the local school board.

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B. Search and Seizure on School Properties

1. The Virginia Department of Education and local schooldivtions should ensure that school employees receive adequatetraining in the understanding of laws pertaining to schools,including those laws allowing law enforcement agencies toconduct drug investigations and execute search and arrestwarrants on school properties.

2. Local school division officials should meet regularly with local lawenforcement agency officials to develop mutual guidelines andmemoranda of agreement concerning law enforcement officers' accessto school properties for the purpose of drug investigations, searchesand arrests.

C. Drug-Free Zones on School Properties

1. The Virginia Department of Education and the Department ofState Police should include information about the drug-freezone law as it pei tains to schools in parent training, schoolemployee training and the student DARE curriculum to promotecommon understanding of the law and its consequences.

Local school divisions should post each school and administrationproperty with at least two drug-free school zone signs per property.Local school divisions should continue to work with the Drug PolicyOffice of the Governor to acquire drug-free school zone signs at aminimal cost to the school division.

3. The Virginia Department of Education should review its policyprohibiting the use of local Drug-Free Schools and Communities Actfederal grant funds to purchase drug-free school zone signs.

4. The Drug Policy Office of the Governor should continue to promotethe posting of drug-free school zone signs, and continue to provide low-cost signs for purchase by the local school divisions.

D. Student Assistance Programs

1. The Virginia Department of Education should encourage localschool divisions to develop student assistance programs byproviding training in student assistance program developmentand implementation.

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2. The Drug Policy Office of the Governor should expand itsstudent assistance program grant funding to make start-up andenhancement grants available to more local school divisions.

IV. Study Design

House Joint Resolution 360's chief patron, Delegate E. R. Harris, Jr., requestedthat the Crime Commission develop a plan for drug-free schools that could bedistributed to Virginia's local education agencies as a technical assistance document.Meetings were held with Delegate Harris and with the staff of the Youth RiskPrevention Office of the Department of Education to examine the key issues relatedto developing drug-free environments in Virginia's public schools. Four issueswere identified as critical to reducing the availability of drugs in schools and toproviding assistance to students with substance abuse problems:

1. Student and Employee Drug Policies2. Search and Seizure on School Properties3. Drug-Free Zones on School Properties4. Student Assistance Programs

Commission staff proceeded to development research and recommendationsdesigned to assist local school divisions in promoting drug-free environments onschool properties. Invaluable assistance was received from the Department ofEducation Office of Youth Risk Prevention and the Drug Policy Office of theGovernor.

V. Study Goals and Objectives

Based upon the requirements of HJR 360, the following issues and objectiveswere presented to the Subcommittee for consideration:

Determine how to audit the presence of illegal drugs in schools withoutviolating the privacy rights of students, and without engaging in illegalsearch and seizure on school properties;

Determine how to provide counseling and treatment services to substance-abusing students, and how to involve students' families in the rehabilitativeprocess.

The Commission pursued the following activities in furtherance of the above-mentioned objectives:

Met with the patron of HJR 360 and the staff of the Youth Risk

ti

Prevention Office of the Department of Education to identify issues anddesign a technical assistance document for local school divisions;

Reviewed the relevant sections of the Code of Virginia to identifysearch and seizure laws pertaining to local schools for inclusion in thefinal report of HJR 360;

Reviewed federal laws pertaining to student and employee drug policies inlocal education agencies, and reviewed local school policies to identify sixmodel student and employee drug policies;

Reviewed research on student assistance programs and drug-free zones toinclude technical assistance information for local school divisions; and

Developed administrative recommendations that encourage betterworking relationships between the local schools and law enforcementagencies related to drug iaw enforcement and drug abuse prevention inVirginia's elementary and secondary schools.

VI. Background


The Virginia Department of Education and each local education agency inVirginia receives federal funds for alcohol and drug prevention programs from theU. S. Department of Education under the terms of thr Drug-Free Schools PCommunities Act of 1986 and the 1989 Amendments to the Act. (Public Law 101-226.) The Act and Amendments require that, "as a condition of receiving funds orany other form of financial assistance under any Federal program, an institution ofhigher education, State educational agency or local educational agency must certifythat it has adopted and implemented a program to prevent the unlawful possession,use, or distribution of illicit drugs and alcohol by students and employees." Thisrequirement was enacted as part of President Bush's National Drug Control Strategy,issued in September, 1989.

In order to comply with the requirements of the federal law, each institutionof higher learning, state education agency and local education agency must adoptand implement a drug prevention program to prevent the unlawful possession,use, or distribution of illicit drugs and alcohol by all students and employees onschool premises or as part of any of the educational agency's activities. Each agencymust provide a written certification that it has adopted and implemented a drugprevention program.

Two federal laws control local school divisions' oblige tion to have in place

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student and employee drug policies:

1. The Drug-Free Workplace Act of 1988;2. The Drug-Free Schools and Communities Act of 1986

and the Amendments of 1989.

The Drug Free Schools and Communities Act of 1986 and its 1989Amendments is the Act by which each of Virginia's local school divisions is eligibleto receive Drug-Free Schools and Communities Act federal grants for drugprevention and intervention programs (DARE, PULSAR, YADAPP, SODA, QUEST,Peer Counselors, etc.) Every local school division is required by Public Law 101-226to certify that it has "adopted and implemented a program to prevent the unlawfulpossession, use or distribution of illicit drugs and alcohol by students andemployees." Drug Act Contacts in each school division sign the assurances in thefederal grant applications to meet this certification requirement. The regulationsthat lay out the specific requirements of Public Law 101-226 are in the Code ofFederal Regulations, 34 CFR Part 86.

It is the responsibility of the State education agency, i.e., the VirginiaDepartment of Education, to develop a drug prevention program certification formand application submission schedule for local education agencies. In response, theVirginia Department of Education developed a Drug-Free Schools andCommunities Act grant application for local education agencies that requires thatstudent and employee drug policies be submitted regularly with applications forfunds. Additionally, the grant aiTlication requires descriptions of drug preventionprograms in place in the schools, including conflict management and resolution,substance abuse counseling a.nd referral, and programs targeted a.. high risk youth.The Department of Education must provide to the U. S. Secretary of Education a listof local education agencies that either submitted or failed to submit drug preventionprogram and policy certifications. If a local education agency fails to file certificationof its drug policies and programs, then it can be found ineligible to receive funds orany other form of financial assistance under any Federal program.

Requirements that apply to both student and employee policies:

1. Certify the adoption of a drug prevention program by signing the"assurances" in the grant application.

2. Implement the drug prevention programs. Annual review by the Stateeducation agency is allowed under the Act, which is accomplishedthrough the grant applications each year and through site visits by theDepartment of Education.

3. Firm enforcement which requires that each school division keep

publicly accessible records of its programs and policies. The Act makesit clear that a local school division not in compliance with theprovisions of the Act can lose its eligibility for federal funds.

4. Illicit drugs and alcohol must be covered by the policy, which caninclude improperly possessed or distributed prescription drugs, or anyother substances prohibited by law for minors, such as tobacco products.

Student Drug Policy Requirements:

A student drug policy must include, at a minimum, the following components:

1. Age appropriate, developmentally-based drug and alcohol education andprevention programs for all students of the schools operated by the State or localeducation agency, from early childhood level through grade 12. The programs mustaddress the legal, social and health consequences of drug and alcohol use, andprovide information about effective techniques for resisting peer pressure to useillicit drugs or alcohol;

2. A statement to students that the use of illicit drugs and the unlawfulpossession and use of alcohol is wrong and harmful;

3. Standards of conduct that are uniformly applicable to students in allschools covered by the policy. The policy clearly must prohibit the unlawfulpossession, use, or distribution of illicit drugs and alcohol by students on schoolpremises or as part of any of its activities;

4. A clear statement of disciplinary sanctions consistent with law, up to andincluding expulsion and referral for prosecution. The law also requires adescription of these sanctions, which can include completion of an appropriaterehabilitation program. A local school division does not have to be able to providedirect rehabilitation services, but it can contract for these services to be provided bythe local Community Services Board or by a private provider. There is nothing inthe Drug-Free Schools and Communities Act that requires local school divisions topay for these treatment services. However, if a student is entitled to such servicesunder another federal or state law, then the scl-ool division may otherwise berequired to pay for the services or provide them directly;

5. Information about drug and alcohol counseling, rehabilitation and re-entryTogram opportunities for students must be made available; and

6. All students and parents must be given a copy of the standards of conductand possible sanctions, including notice of the consequences of a violation andnotice that compliance with these standards is mandatory.

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Employee Drug Policy Requirements:

The Drug-Free Workplace Act of 1988, which is Public Law 100-690, Title 5,Subtitle D, requires contractors and grantees of federal agencies to certify that theywill provide drug-free workplaces. While the Drug-Free Schools and CommunitiesAct makes local school divisions eligible for federal anti-drug program funds, theDrug-Free Workplace Act requires all federal fund recipients to comply with itsprovisions independent of any other laws.

The basic requirements of the Drug-Free Workplace Act are as follows:

1. The employer must make a good faith effort to meetthe specific requirements of the Act;

2. At a minimum, the local school division must have a policy statementand a drug awareness program for all employees. However, thisfederal law does not require employers to:a) establish an Employee Assistance Program (EAP);b) conduct drug testing; orc) include specific components, such as employee

education, employee assistance, supervisorytraining, or drug detection.

A drug awareness program is defined by the Drug-Free Workplace Act may benothing more than notice to employees that a policy is in effect that prohibits theuse or distribution of illegal drugs in the workplace.

Enforcement of the Drug-Free Workplace Act is achieved by requiringemployers to certify that they ha Je a drug policy in place and that employees areaware of it. Through grant administration, the federal Office of Management andBudget will check compliance via grant audits.

While this Act has few requirements. its provisions are mandatory andseparate from the Drug-Free Schools and Communities Act requirements.Compliance by a local school division with the Drug-Free Workplace Act is notenough to automatically bring the division into compliance with the Drug-FreeSchools and Communities Act. They are two separate, independent requirementsfor each school division to meet in order to receive federal grant funds.

The Drug-Free Schools and Communities Act requirements in Section 86.201for employee policies parallel the student drug policy requirements:

1. At a minimum, each employee policy must contain standards of

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conduct for employees that clearly prohibit the unlawful possession,use or distribution of illicit drugs and alcohol on school premises or asany part of its activities. This leaves open the question of tobacco useby s...hool emplo, les on school property or a i school functions, but suchprohibition could be part of a division employee policy;

2. A clear statement of disciplinary sanctions up to and includingtermination of employment and referral for prosecution must beincluded. A disciplinary sanction can include the completion of anappropriate rehabilitation program;

3. Information about drug and alcohol counseling andrehabilitation and re-entry programs available toemployees must be included. The Drug-Free Workplace Act doesnot require school divisions to provide this type ofinformation to employees, but the Drug-Free Schoolsand Communities Act does require that treatment referralinformation be provided to all division employees; and

4. Employees must receive a copy of the standards ofconduct and the statement of disciplinary sanctions to put them onnotice that compliance with the standards of conduct is mandatory andthat sanctions will be imposed for violations.

It is advisable that each local school division have its school attorney or thelocal Commonwealths' Attorney review its drug policies for clarity, due process andequal protection and interpretation of the federal law. The Department of Educationis required by federal law to periodically collect copies of the local school divisions'employee and student drug policies; however, Department staff cannot substitutefor good legal counsel. The Department's acceptance of these policies does not act asa stamp of approval fot their contents or as compliance with federal and state law.


The fourth amendment to the United State Constitution provides:"The right of the people to be secure in their persons, houses, papers,

and effects, against unreasonable searches and seizures, shall not be violated,and no Warrants shall issue, but upon probable cause, supported by Oath oraffirmation, and particularly describing the place to be searched, and thepersons or things to be seized."

The language of the fourth amendment leaves many questions unanswered,mostly because our founding fathers failed to define the meaning the term,"unreasonable," or its relationship to probable cause and the need for a search

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warrant. The U. S. Supreme Court through case decisions over the years has soughtto strike a balance between effective law enforcement and the compelling interest inpreserving the privacy rights of American citizens.

The fourth amendment was written to ensure that an individual's right toprivacy is respected by the government. However, the Court has had to decidethrough a series of cases when and where an individual has a reasonableexpectation of privacy. The Court has held that a person reasonably can expect hishome to be protected from warrantless searches and searches absent exigentcircumstances or consent. However, the Court also has held that an individualcannot reasonably expect to assert his right to privacy in public places, or in placeswhere a third party could give valid consent to search. A student cannot reasonablyexpect the same degree of privacy to be afforded him while he is on school propertythat he can expect in his home.

Code of Virginia §19.2-83 allows a police officer to "detain a person in a publicplace whom he reasonably suspects is committing, has committed or is about tocommit a felony or possesses a concealed weapon in violation of §18.2-308, and mayrequire of such person his name and address." The section also allows a policeofficer to search the person for dangerous weapons when the officer reasonablybelieves the person intends to do him bodily harm. Finally, the officer mayconfiscate any concealed weapon he finds on the person. The Virginia law is morestringent than that stated by the U.S. Supreme Court in Terry v. Ohio, 392 U.S 1(1968), which allows a police officer to detain a person for a suspected felony ormisdemeanor, but the Virginia law does specifically allow an officer to detain aperson suspected of possessing a concealed weapon. The Virginia Court of Appealshas held that suspicion of narcotics possession and distribution can inferdangerousness to confer authority upon a police officer to conduct a pat-downsearch of the subject (Williams v. Commonwealth, 4 Va. App. 53, 354 S. E. 2d 79

(1987).)

Code of Virginia §18.2-322.1, passed by the Virginia General Assembly in 1989,makes it "unlawful for any person in possession or control of a beeper or similarportable communications device to remain in or upon the grounds of any public orprivate elementary or secondary school after having been requested to leave bylawfully authorized school officials." This law was enacted after it became commonpractice for drug dealers to use beepers and other portable communication devices toconduct business and remain in contact with other dealers and purchasers of illegaldrugs. The purpose of the law is to curtail this form of communication betweendrug dealers and buyers on school property to discourage the activity of drug dealingto students. The law makes exceptions for persons authorized to carry portablecommunication devices for other lawful reasons, including legitimate businesstrade and medical necessity.

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At times the missions of law enforcement and education can be at odds, andthe subject of search and seizure on school property raises concerns for bothprofessions. A basic tenet of education philosophy is that schools should strive tomeet the educational and development needs of students, and exercise compassionin dealing with problematic students. However, the mission of law enforcement isto uphold the law and effect the prosecution of any person who violates the law.Often school officials are faced with deciding whether to discipline a student whoviolates a school regulation that also may be a violation of a state or federal law, ornotifying a law enforcement agency of the violation so that a criminal investigationcan be initiated.

It is important for local school and law enforcement officials to establishstrong working relationships so that the agencies can reach agreement on when lawenforcement officials will be notified of possible criminal activities on schoolproperties. A joint local advisory committee of school officials, law enforcementofficials and representatives from the juvenile court services unit should beappointed to address issues of police access to school properties to effect searches andarrests. Working together, law enforcement agencies and the schools can establishmutual goals and procedures that help to ensure a school environment that is crime-free, drug-free and promotes a positive educational atmosphere.

C. Drug-Free School Zones

One of the most effective laws for inhibiting drug trafficking in Virginia is thedrug-free zone law. Until recently the law has been known as the "drug-free schoolzone law," but amendments enacted by the 1991 General Assembly have expandedthe scope of the law to include public recreation and community centers. The lawimposes enhanced pei,alties for drug trafficking near schools and communitycenters where children are most likely to be found.

The Virginia General Assembly first addressed the growing concern aboutdrug trafficking on school properties in 1982, when the Code of Virginia wasamended to specifically prohibit the sale of certain controlled substances ormarijuana on the grounds of any public, private or parochial elementary, middle orhigh school facility. Code of Virginia §18.2-255.2 imposes a "separate and distinctfelony" for selling drugs on school properties that can be applied when a person isconvicted for the sale or distribution of controlled substances or marijuana.

The law was amended in 1989, 1990 and 1991, each time expanding the scopeof the law to specify its application and enhance its penalties. Some of these changeswere initiated by the Virginia State Crime Commission during its two-year study ofdrug trafficking in Virginia. The Education Subcommittee of the Commission'sDrug Study Task Force proposed expansion of the law to strengthen it andencourage its enforcement. Now the law has grown to:

include all controlled substances and marijuana;apply to any person who violates it, not just adults;enhance the penalty to five to ten years imprisonment and a fine of up to

$100,000;apply at any time, even on school properties when school is not in session;include properties open to the public within 1,000 feet of the protected

property;include alp public and private schools, two- and four-year colleges and post-

secondary schools; andapply to public recreation and community centers.

The application of the drug-free zone law means that if a person convicted ofselling drugs in Virginia sold the drugs near a school or public recreation centerwithin the protected zone, the enhanced penalties of §18.2-255.2 may be imposed bythe court.

The most effective way to educate the public about the drug-free zone law isby posting protected properties with drug-free zon^ signs. In 1990, a statewidesurvey was conducted by the Crime Commission on the use of drug-free schoolzone signs in the Commonwealth. Every school district in Virginia responded tothe survey, and at that time only 25 percent of the districts had drug-free school zonesigns posted at their schools. Eighty-six school districts without signs responded thatthey would be interested in posting their schools, but many did not have the fundsor know how to get the signs printed.

In 1991, the Governor's Office, with the assistance of 3-M Corporation, wasable to offer school districts the opportunity to purchase two drug-free school zonesigns per school at the minimal cost of $15.00 per sign. This enabled many schooldistricts throughout Virginia to post signs at their schools to warn drug dealers thatschool properties are no place to sell drugs.

Virginia's future rests on its youth, and the citizens of the Commonwealthmust seize every opportunity to protect young people from the dangers of drugabuse and drug-related crime. Drug-free zones around schools and public recreationareas help deter traffickers from preying on children, and promote healthy, drug-free environments for Virginia's youth.


The development of student assistance programs as a means to providecomprehensive intervention and prevention services to students is growing inpopularity in Virginia. The student assistance program is based on the employeeassistance program model developed by private sector businesses. Employersrecently discovered that, when an employee suffers from a chemical dependency,

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his work performance also suffers. Therefore, in an effort to maintain and imp, re

the workplace performance of employees, employers have established programs tohelp employees conquer substance abuse problems.

There is a similar incentive to assist students with substance abuse or relatedproblems. School administrators believe that, if a student's substance abuseproblems are resolved, then a stumbling block to academic performance for thatstudent is removed. While it is commonly assumed that students with substanceabuse problems face increased odds of having academic performance problems,:esearch is just beginning to support this theory. According to a New Jersey statesurvey of drug and alcohol abuse self-reported by students, 75 percent of those withalcohol or other drug abuse problems also were struggling with their studies inschool. The National Clearinghouse for Alcohol Information reports that nearlyone in three high school students in America has an alcohol abuse problem.

In Virginia, the dropout statistics are staggering. Nearly 18,000 students leaveschool before graduation each year, according to a General Assembly study of schooldropouts and self-esteem (pursuant to HJR 386, 1991.) According to the Departmentof Education, many students report health (including substance abuse), financial,behavioral and achievement problems as contributing factors to dropping out ofschool.

The student assistance program model seeks to provide prevention,intervention and after-care services for students with substance abuse problems inorder to improve a student's chance to stay in and succeed in school. Thecomprehensiveness that is integral to the program is a key to its success. The mosteffective student assistance programs share these characteristics:

1. The program recognizes the complexity of alcohol/drug-related problems.2. The program comprehensively addresses the unique needs of individual

students.3. The program performs six basic functions: early identification, assessment,

intervention, treatment, support and coordination.4. The program clarifies the roles of the student assistance team members.5. The program offers variety of services to students and parents.6. The program is supported by appropriate school division policy.7. The program provides key staff with appropriate training.8. The program is a result of a conscious implementation plan.9. The program is the result of a joint school/community effort.10. The program addresses student alcohol/drug problems as "system

issues" that consider all aspects of a student's environment.

There are three basic models for designing a si.udent assistance program:

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1. Core Team Model - School-based personnel, including teachers, schoolpsychologists, guidance counselors, nurses, resource officers and administrators,form a team to coordinate and provide services for students. Each of the teammembers is trained in substance abuse recognition and issues related to referral andtreatment. As a team, the members meet regularly to determine how to identifyand provide the requisite prevention, intervention and after-care services to help astudent overcome a substance abuse problem and maintain an educational program.

An advantage of the core team model is that the team members shareresponsibility for the success of the program. Additionally, the program is cost-effective because it utilizes existing personnel who are based at the school facility.However, to be effective, a school-based team must acknowledge one person todirect the program to ensure that it remains focused and that every membercompletes his or her responsibilities. Another possible drawback is that a school-based team whose members are not compensated for the additional duties mayresult in a passive or less committed team. A student also may be hesitant aboutsharing confidential information with a student assistance team member who alsois his teacher.

2. Externally-based Team Model In this model, services are provided by ateam of substance abuse prevention and treatment professionals from an outsideagency who spend a designated amount of time in the schools. Students often aremore comfortable sharing confidential information with persons who are notconnected with the school administration or faculty. Also, an externally-based teamcan be more flexible in meeting the schedules and needs of the students, and alreadyhas established relationships with resources in the community. However,providing services under this model also can be more expensive and therefore lesslikely to be approved by a school board or administration. Additionally, theexternally-based team must spend time with teachers and school officials tocoordinate service plans for each student, which some teachers and officials resentas a duplication of effort.

3. Internally-based Team Model - Often described as a composite of the coreteam and externally-based team models, the internally-based student assistance teamis comprised of school-based employees hired by the district specifically toimplement the student assistance program. The advantages of the internally-basedteam model are that services can be centrally coordinated within the school district,and team members are better able to build cooperative relationships with teachers,guidance counselors and other key personnel. However, this can be a moreexpensive model to implement, since staff are hired full-time rather than contractedwith for specific services.

Which student assistance program model is adopted by a school divisionusually depends on what financial and professional resources are available to the

14

school division. Additionally, community interest and support, system flexibilityand degree of need are factors that determine if and when a school divisionimplements student assistance programs.

The Governor's Drug Policy Office, directed by Special Assistant RobertNorthern, has made funding for student assistance programs a priority project in1991, and awarded a $10,000 grant to the Virginia Department of Education toprovide student assistance program training to local school divisions. Additionally,grants from the Governor's Office were awarded for the 1991-92 fiscal year to 18 localeducation agencies to initiate new student assistance programs or enhance existingones. These grants totaled $681,986.84. In all, 43 school divisions applied for grants,but funds were available only for 18 applicants. The 18 local school divisions thatreceived Governor's Office grants for 1991-92 are:

Albemarle Culpeper Franklin City Mathews Prince EdwardAmelia Danville Roanoke Co. Gooch land WashingtonBedford Dinwiddie Harrisonburg NorfolkBristol Essex Roanoke City Martinsville /Patrick /Henry

Each of the school divisions that received student assistance program grantawards was required to attend a technical assistance workshop on theimplementation of student assistance programs.

Efforts also are underway to set up a statewide student assistance programnetwork to enable student assistance program coordinators to meet regularly witheach other and exchange ideas. Cynthia Barnes, a former student assistance programcoordinator in Chesterfield County, has been hired by the Virginia Department ofEducation to assist student assistance program coordinators in the local schooldivisions.

Although more funds are needed to further the development of studentassistance programs in Virginia, the Governor's Drug Policy Office will continue togive funding priority to the development of student assistance programs, and toseek additional sources of grant funds to implement the programs.

15

VII. Recommendations


Recommendation 1: The Virginia Department of Education should offerregular training for the local Drug Act Contacts on the importance of writingstudent and employee drug policies that comply with federal and state laws.

Recommendation 2: Local school divisions should appoint expert advisorycommittees to review annually the divisions' student and employee drugpolicies, and require annual public review and approval of these policies bythe local school board.


Recommendation 3: The Virginia Department of Education and local schooldivisions should ensure that school employees receive adequate training inthe understanding of laws pertaining to schools, including those lawsallowing law enforcement agencies to conduct drug investigations andexecute search and arrest warrants on school properties.

Recommendation 4: Local school division officials should meet regularlywith local law enforcement agency officials to develop mutual guidelines andmemoranda of agreement concerning law enforcement officers' access toschool properties for the purpose of investigations, searches and arrests.

C. Drug-Free Zones on School Properties

Recommendation 5: The Virginia Department of Education and theDepartment of State Police should include information about the drug-freezone law as it pertains to schools in parent training, school employee trainingand the student DARE curriculum to promote common understanding of thelaw and its consequences.

Recommendation 6: Local school divisions should post each school andadministration property with at least two drug-free school zone signs perproperty. Local school divisions should continue to work with the DrugPolicy Office of the Governor to acquire drug-free school zone signs at aminimal cost to the school division.

Recommendation 7: The Virginia Department of Education should reviewits policy prohibiting the use of local Drug-Free Schools and CommunitiesAct federal grant funds to purchase drug-free school zone signs.

16

Recommendation 8: The Drug Policy Office of the Governor should continueto promote the posting of drug-free school zone signs, and continue toprovide low-cost signs for purchase by the local school divisions.


Recommendation 9: The Virginia Department of Education shouldencourage local school divisions to develop student assistance programs byproviding training in student assistance program development andimplementation.

Recommendation 10: The Drug Policy Office of the Governor should expandits student assistance program grant funding to make start-up andenhancement grants available to more local school divisions.

17

VIII. Acknowledgemei

The members extend special thanks to the following agencies and individuals fortheir cooperation and valuable assistance to this study effort:

Delegate P R. Harris, Jr., of Lynchburg

Governor's Drug Policy Office:Robert Northern, Special Assistant to the Governor for Drug PolicyRichard Smith, Student Assistance Programs

Virginia Department of Education:Office of Youth Risk Prevention-Cynthia Barnes, ConsultantMarla Coleman, Principal Specialist (now with Henrico County PublicSchools)Arlene Cundiff, Associate SpecialistCynthia Downing, Area Field Coordinator for Southeast Regional CenterMarsha Hubbard, Associate SpecialistRayna Turner, Associate SpecialistBetty Jo Yates, Grants Manager

Douglas Cox, Principal Specialist, Pupil PersonnelDr. Lissa Power-Cluver, Principal Specialist, Policy Analysis

Virginia Local Education Agencies (Drug Act Contacts):Anne Atkinson, Henrico County Public SchoolsBeverly Coltrane, Augusta County Public SchoolsDouglas Eadie, Prince William County Public SchoolsJoseph Kirby, Salem City Public SchoolsJohn Liddy, Roanoke County Public SchoolsCarl Stanley, Wise County Public Schools

Virginia Parent/Teachers Association:Deloris Delaney, Education ChairmanBilly Hobbs, Juvenile Protection ChairmanBarbara Keller, Substance Abuse Chairman

18

Appendix A

1991 SESSIONLD9009325

1 HOUSE JOINT RESOLUTION NO. 3602 Offered January 18, 19913 Requesting the Virginia State Crime Commission to continue the development of a plan to4 ensure drug free schools.5

6 PatronsHarris, E.R., Philpott, Reynolds, Guest, Forehand, Jackson, Ball, Diamonstein,7 Woods, Smith, Johnson, Jones, R.B., Thomas, Bennett, Heilig, Plum, Parker, Marks,8 Woodrum, Callahan, Keating, Munford, Finney. Murphy, Moss, Ea ley, Eck, Ilargrove,9 Councill, Fill, Orebaugh, Cranwell, Phillips, Almond, Dillard, Clement, Abbitt, Moore,

10 De Boer. Dickinson, O'Brien, Stosch, Rollins, Tata, Jones, J.C. and Van Yahres; Senators:11 Gray, Cross, Holland, E.M., Anderson and Joannou1213 Referred to the Committee on Rules1415 WHEREAS, the Task Force on Drug Trafficking of the Virginia State Crime Commission16 was established pursuant to Senate Joint Resolution No. 144 by the 1990 General Assembly17 to study drug trafficking, abuse. and related crimes; and18 WHEREAS, pursuant to House Joint Resolution 161 (1990), the task force was directed19 to develop a plan to ensure drug free schools; and20 WHEREAS, the task force determined that many issues must be considered in the21 development of programs to combat the problems of drug abuse among youth, and that22 there is a need to determine the extent to which illegal drugs are present in schools while23 ensuring the privacy rights of students and avoiding unlawful search and seizure; and24 WHEREAS, the epidemic of drug abuse among youth in Virginia remains a challenge to25 all concerned with the eradication of this problem; and26 WHEREAS, eliminating the scourge of drug abuse requires a collaborative and27 coordinated effort by various state and local agencies and the community to address28 effectively those factors which contribute to drug abuse among young people and the29 resulting problems; and30 WHEREAS, the task force, after determining that several legislative study committees31 have been charged to examine various facets of or issues related to the drug abuse32 problem, and that certain state agencies already administer programs and services designed33 to address this critical problem, e'nferred with the chairmen of such study committees and34 representatives of such agencies colcerning their respective efforts; and35 WHEREAS, the task force, the chairmen, and representatives agree that a collaborative36 approach will facilitate communication and avoid duplication of efforts; and37 WHEREAS, considerable work remains to he done to ensure that the goals and38 responsibilities of law-enforcement agencies, public schools, and all parties involved in the39 war against drugs are congruent and are 'performed accordingly to provide a school40 environment that is safe, drug free, and conducive to learning; and41 WHEREAS, more time is necessary to complete the plan for drug free schools begun by42 the task force and to work collaboratively with the legislative study committees and state43 agencies; now, therefore, be it44 RESOLVED by the House of Delegates, the Senate concurring, That the Virginia State45 Crime Commission is requested to continue the development of a plan to ensure drug free46 schools. The Commission shall examine the issues which have been identified for further47 study, and confer and collaborate with legislative study committees which have beci,48 charged to study related issues and state agencies which are responsible for administering49 programs and services designed to address drug abuse. The Commission shall provide for50 the participation of the education community, the private sector, and state and local51 law-enforcement officials in its deliberations.52 The Commission shall complete its work in time lc submit its findings and53 recommendations to the Governor and the 1992 Session of the General Assembly in54 accordance with the procedures of the Division of Legislative Automated Systems for the

1 processing of legislative documents.2 The costs of this study are estimated to be $11,800, and such amount shall be allocated3 to the Virginia State Crime Commission from toe general appropriation to the General4 Assembly for the conduct of this study.

c

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Appendix B

2...

ThursdayAugust 16, 1990

Part II

r!!! Department ofitrfAEducation

34 CFR Part 86Drug-Free Schools and Campuses; FinalRegulations

33583 Federal Register I Vol. SS. No. 159 I Thursday. August 16, 1990 / Rules and Regulations

DEPARTMENT OF EDUCATION

34 CFR Part 86

RIN 115130-AA46

Drug-Free Schools and Campuses

AGENCY: Department of Education.ACTION: Final regulations.

SUMMARY: The DrugFree Schools andCommunities Act Amendments of 1989.Public Law 101-225. require that, as acondition of receiving funds or any otherform of financial assistance under anyFederal program. an institution of highereducation (1HE). State educationalagency (SEA), or local educationalagency (LEA) must certify that it has

do ted and implemented aTciga_mik._prevent e un aw.0 .ossession, use. oristri unon o i Ica s an a cL-.by students and employees. The purposeiirEeTifinal regulations is fo implementthese statutory requirements. Theregulations specify the content of thedrug prevention program to be adoptedand implemented; the nature of thecertification requirements: the responsesand sanctions to be applied for failure tocomply with the requirements of thispart: and the appeal process.EFFECTIVE DATE: These regulations takeeffect either 45 days after publication inthe Federal Register or later if Congresstakes certain adjournments. If you wantto know the effective date of theseregulations. call or write the Departmentof Education contact person. Adocument announcing the effective datewill be published in the FederalRegister.FOR FURTHER INFORMATION CONTACT:For information about these regulationsand the certification process for SEALcontact: Drug-Free Schools andCampuses Task Force. U.S. Departmentof Education. 400 Maryland Avenue.SW. room 4128, Washington. DC 20202-0499. telephone number (202) 401 -0709,or William H. Wooten (202) 401-0709.

For information about theseregulations for IHEs. contact: Office ofPolicy Development. Office ofPostsecondary Education. U.S.Department of Education. 7th & DStreets. SW.. room 4060. Washington.DC 20202-5121. telephone number (202)708 -9071, or Jerry M. Whitlock (202) 708-9071. For information about thecertification process for IHEs, contactDivision of Eligibility and Certification.Office of Postsecondary Education. U.S.Department of Education. 7th & DStreets. SW.. room 3916. Washington.DC 20202-5323. telephone number (202)708-7471, or Mary L Jenkins (202) 708-:471.

SUPPLEMENTARY INFORMATIOPC

Additional Source, of InformationThe Notional Institute on Drug

Abuse Hotline. 1-800-662-HELP, aninformation and referral line that directscallers to treatment centers in the localcornrnunity;.

The National :nstitute on DrugAbuse Workplace Helpline.1-800-843-4971. a line that provides information

:only to private entities about workplaceprugrarns and drug testing (This helplinewill not assist SEAS. LEAs. or publicIllEs.):

:he Notional Clearinghouse forAlcohol and Drug Information. 1-301-468 -2600. an information and referralservice that distributes Department ofEducation publications about drug andalcohol prevention programs. as well asmaterial from other Federal agencies;

The Network of Colleges andUniversities Committed to theElimination of Drug and Alcohol Abuse.1-202-357-6206, was established in 1987as a joint effort of the U.S. Departmentof Education and the higher educationcommunity for the purpose ofdeveloping an institutional response tothe alcohol and other drug problems oncampuses. As a means of self regulation.some 1.300 schools have adopted a setof Standards that were developed by theNetwork and reviewed. modified. andaffirmed by the U.S Department ofEducation. The Standards are designedto serve as education programs.assessment techniques, and enforcementprocedures aimed at eradicating alcoholand other drug abuse on campuses, andmay serve as a useful starting point fordeveloping alcohol and other drugprevention programs that comply withthese regulations. A copy of theStandards can be received by writing tothe Network at the U.S. Department ofEducation. 555 New Jersey Avenue,NW., Washington. DC 20206 -5844.Information can also be provided abouttraining and conferencing activities.newly formed regional networks, andthe IHEs in a particular State or regionthat are network members. IHEs ateencouraged to contact network membersin their State or region:

Departrney' of Education RegionalCenters Drug-Free Schools andCommunities. assist IHEs. SEAL andLEAs in developing prevention programsby providing training and technicalassistance. Addresses for the fivecenters are listed below.Northeast Regional Center for Drug-Free

Schools and Communities. 12 OvertonAvenue. Sayville. NY 11782- 0403.(516) 589-7022. serving Connecticut.Delaware. Maine. Maryland.Massachusetts. New Hampshire, New

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Jersey, New York. Ohio, Pennsylvania.Rhode Island. and Vermont;

Southeast Regional Center for Drug-FreeSchools and Communities. The HurtBuilding. 50 Hurt Plaza. Suite 210.Atlanta. Georgia 30303. (404) 888-9227.serving Alabama. District ofColumbia. Florida. Georgia. Kentucky.North Carolina. Puerto Rico. SouthCarolina. Tennessee. Virginia. VirginIslands. and West Virginia:

Midwest Regional Center for Drug-FreeSchools and Communities. 2001 N.Cybourn. Suite 302. Chicago. IL 60614.(312) 883-8888. serving Indiana.Illinois. Iowa. Michigan, Minnesota.Missouri. Nebraska. North Dakota.South Daxota. and Wisconsin:

Southwest Regional Center for Drug-Free Schools and Communities. 555Constitution Avenue. Norman. OK73037. (405) 325-1454. serving Arizona.Arkansas. Colorado. Kansas.Louisiana. Mississippi, New Mexico,Oklahoma. Texas. and Utah: and

Western Regional Center for Drug-FreeSchools and Communities. 101 SW.Main Street. Suite 500. Portland. OR92704. (503) 275-9478 ((800) 547-6339outside Oregon). serving Alaska.American Samoa. California. Guam.Hawaii. Idaho. Montana. Nevada,Northern Mariana Islands, Oregon.Republic of Palau. Washington. andWyoming.

Background

President Bush's National DrugControl Strategy issued in September1989 proposed that the Congress passlegislation to require schools, colleges,and universities to implement andenforce firm drug prevention programsand policies as a condition of eligibilityto receive Federal financial assistance.On December 12.1989. the Presidentsigned the Drug-Free Schools andCommunities Act Amendments of 2989(Amendments). Public Law 101-228.Section 22 of the Amendments amendsprovisions of the Drug-Free andCommunities Act of 1988 and the HigherEducation Act of 1965 to include theserequirements.

On April 24.1990. the Secretarypublished a notice of proposedrulemaking (NPR/vI) for Drug-FreeSchools and Campuses in the FederalRegister (55 FR 17384).

In the preamble to the NPRM, theSecretary summarized the provisions ofthe proposed regulations. In addition.the Secretary provided "Appendix DQuestions and Answers" to addressspecific concerns about implementing adrug prevention program in compliancewith the regulations, and to providetechnical assistance to IHEs. SEAL, and

Federal Register I Vol. 55. No. 159 / Tbursdey. August 18. 1996./ Rules and Regulations 33581

LEAs in complying with the statute. Byand large. the questions and answerscontained in appendix D to the NPRMhave been incorporated in thediscussion of public commentscontained in appendix C to truedocument.

As a result of public comment, theSecretary has clarified the meaning of"student" for the purposes of the drugprevention program certification forIHEs and added a requirement that anIHE. SEA. or LEA seeking reinstatementafter termination for violating theseregulations must demonstrate that it hascorrected the violation or violations onwhich the termination was based. TheSecretary has also provided. inappendices A and B to this document. adescription of the sanctions underFederal law for the unlawful possessionor distribution of illicit drugs andalcohol. and a description of the healthrisks associated with the use of illicitdrugs and the abuse of alcoliol.

Analysis of Comments and Changes

In response to the Secretary'sinvitation in the NPRM. 94 partiessubmitted comments on the proposedregulations. An analysis of thecomments and of the changes in theregulations since publication of theNPRM is published as appendix C tothis document.

Substantive issues are discussedunder the section of the regulations towhich they pertain. Technical and otherminor changesand suggested changesthe Secretary is not legally authorized tomake under the applicable statutoryauthorityart not addressed.

Executive Order 12291

These regulations have been reviewedin accordance with Executive Order12291. They are not classified as majorbecause they do not meet the criteria formajor regulations established in theorder.

Intergovernmental Review

Some of the programs affected bythese regulations are subject to therequirements of Executive Order 12372and the regulations in 34 CFR part 79.The objective of the Executive Order isto foster an intergovernmentalpartnership and a strengthenedfederalism by relying on processesdeveloped by State and localgovernments for coordination andreview of proposed Federal financialassistance.

In accordance with the order. Iradocument Is intended to prowle earlynotifiaeUon of the Department's specificplans and actions for these programs.

Assessment of Educational Inspect

In the lesTPRM. the Secretary requestedcomments on whether the proposedregelations would require transmissionof information that is being gathered byor is available from any other agency orauthority of the United States.

Based on the response to the proposedrule and on its own review, theDepartment has determined that theregulations in this document do notrequire transmission of information thatis being gathered by or is available fromany other agency or authority of theUnited States.

List of Subjects in 34 CFR Part ett

Drug abuse. Education, Elementaryand secondary education. Grantprogramseducation. Postsecondaryeducation. Reporting and recordkeepingrequirements.(Catalog of Federal Domestic AssistanceNumber does not apply.)

Dated: August 2. 1990.Lauro F. Cavazos.Secretary of Education

The Secretary amends title 34 of theCode of Federal Regulations by adding anew part 88. to read as follows:

PART 56DRUG-FREE SCHOOLS ANDCAMPUSES

Subpart A-- General

Sec.88.1 What is the purpose of the Drug-Free

Schools and Campuses Regulations?88.2 What Federal programs are covered by

this part?88.3 What actions shall an LHE SEA. or

LEA take to comply with therequirements of this part?

88.4 What are the procedures for submittinga drug prevention program certificaon?

88.5 What are the consequences if an DIE.SEA. or LEA fails to submit a drugprevention program certification?

88.8 When must an DIE. SEA. or LEAsubmit a drug prevention programcertification?

88.7 What definitions apply to this part?

Subpart 11hurtttutions of Higher Education88.100 What must the Mrs drug prevention

program include?86.101 What review of THE drag proven tioe

programs does the Secretary conduct?86.102 What is required of an IHE that the

Secretary selects for annual review?88.103 What records and information must

an THE make available to the Secretaryend the public concerning its drugprevention program?

Subpart CState and Locai Educations*Agencies85.200 What must the SEA's and LEA's drug

prevention program for students include?86.201 What must the SEA'. and LEA's drug

prevention program for employeesinclude?

(-1

t;

38202 What review of SEA and LEA dragprevention programs is required underthis subpart?

88.203 What is required of an SEA or LEAthat is selected for review?

8e204 What records and information mustan SEA or LEA make available to theSecretary and the public concerning Itsdrug prevention program?

Subpart 0Responses and SarictloasIssued or imposed by the Secretary forVisitations by an IHL SEA, or LEA86.300 What constitutes *violation of

part by an W.E. SEA. or LEA?souot What actions may the Secretary take

if an 11-11. SEA. or LEA violates this part?88.302 What are the procedures used by the

Secretary for providing information ortechnical assistance?

e8.303 Whet are the procedures used by theSecretary for issuing a response otherthan the formulation of a complianceagreement or the rrovision ofinformation or technical assistance?

86.304 What are the procedures used by theSecretary to demand repayment ofFederal financial assistance or terminateen II LE's. SEA's. or LEA's eligtbiHty forany or all forms of Federal financialassistance?

Subpart EAppeal Prom:lures86.400 What is the scope of this subpart?88.01 What are the authority and

responsibility of the ALP86.402 Who may be a party in a bearing

under this subpart?88.403 Maya party be represented by

counsel?e8.404 How may a party communicate with

86.405 ALWIlet are the requirements for filingwritten submissions?

88.408 What must the ALI do if the partiesenter settlement negotiations?

88.407 What are the prooedurn forscheduling a hearing?

88.408 What are the procedures forconducting a pre-hearing conference?

06.409 What are the procedures forconducting a hearing on the record?

88.410 What are the procedures for ieriesceof a decision?

86.411 What are the procedures forrequesting reinstatement of eligibtlItyt

Authority: 20 U.S.C. 11458. 3224a.

Subpart A-- General

f 86.1 What la the purpose of tote Dna'Free Schools and Campuses Atiotestiorat

The purpose of the Drug-Free Schoolsand Campuses Regulations is toimplement section 22 of the Drug -FreeSchools and Communities ActAmendments of 1962. which adds section1213 to the Higher Education Act andsection 5145 to the Drug-Free Schoolsand Communities Act. Theseamendments require that, as a conditionof receiving funds or any other form offinancial assistance under any Federalprogram. an institution of higher

33582 Federal Register I Vol. 55. No. 159 / Thursday. August 18. 1990 / Rules and Regulations

education (NE). State educationalagency (SEA). or local educationalagency (LEA) must certify that it hasadopted and implemented a drugprevention program as described in thispart.(Authority: 20 U.S.G 1145g. 3224a)

§ 86.2 What Federal programs are coveredby this part?

The Federal programs covered by thispart include

(a) All programs administered by theDepartment of Education under whichan IHE. SEA. or LEA may receive fundscr any other form of Federal financialassistance: and

(b) All programs administered by anyother Federal agency under which an1HE. SEA. or LEA may receive funds orany other form of Federal financialassistance.

(Authority: 20 U.S.C. 1145g. 3224a)

86.3 What actions shall an IHE. SEA, orLEA take to comply with the requirementsof this part?

(a) An IHE. SEA. or LEA shall adoptand implement a drug preventionprogram as described in § 88.100 for1HEs. and § § 86.200 and 86.201 for SEAsand LEAs. to prevent the unlawfulpossession. use, or distribution of illicitdrugs and alcohol by all students andemployees on school premises or as partof any of its activities.

(b) An iliE. SEA. or LEA shall providea written certification that it hasadopted and implemented the drugprevention program described in

86.100 for IHEs, and 44 88.200 and86.201 for SEAs and LEAs.(Approved by the Office of Management andBudget under control number 1880-0522)(Authority: Zi)U.S.C. 1145g. 3224a)

§ $6.4 What are the procedures forsubmitting a drug prevention programcertification?

(a) IHE drug prevention programcertification. An 1HE shall submit to theSecretary the drug prevention programcertification required by 86.3(b).

(b) SEA drug prevention programcertification. An SEA shall submit to theSecretary the drug prevention programcertification required by § 86.3(b).

(c) LEA drug prevention programcertification.

(1) The SEA shall develop a drugprevention program certification formand a schedule for submission of thecertification by each LEA within itsjurisdiction.

(2) An LEA shall submit to the SEAthe drug prevention programcertification required by § 88.3(b).

(3)(i) The SEA shall provide to theSecretary a list of LEAs that have not

submitted drug prevention programcertifications and certify that all otherLEAs in the State have submitted drugprevention program certifications to theSEA.

(ii) The SEA shall submit updates tothe Secretary so that the list of LEAsdescribed in paragraph (c)(3)(i) of thissection is accurate at all times.(Approved by the Office of Management andBudget under control number 1880-0522)(Authority: 20 U.S.C. 1145g. 3224a)

§ 86.5 What are the consequences if anIHE, SEA, or LEA falls to submit a drugprevention program certification?

(a) An THE SEA. or LEA that fails tosubmit a drug prevention programcertification is not eligible to receivefunds or any other form of financialassistance under any Federal program.

(b) The effect of loss of eligibility toreceive funds or any other form ofFederal financial assistance isdetermined by the statute andregulations governing the Federalprograms under which an IHE. SEA. orLEA receives or desirea to receiveassistance.(Authority: 20 U.S.C. 1145g. 3224a)

§ 86.6 When must an IHE. SEA, or LEAsubmit a drug prevention programcertification?

(a) After October 1. 1990. except asprovided in paragraph (b) of this section.an IHE. SEA. or LEA is not eligible toreceive funds or any other form offinancial assistance under any Federalprogram until the IHE. SEA, or LEA hassubmitted a drug prevention programcertification.

(b)(1) The Secretary may allow anIHE. SEA, or LEA until not later thanApril 1. 1991. to submit the drugprevention program certification. only ifthe IHE. SEA. or LEA establishes that ithas a need, other than administrativeconvenience, for more time to adopt andimplement its drug prevention program.

(2) An IHE. SEA. or LEA that wants toreceive an extension of tira2 to submitits drug prevention progr...a certificationshall submit a written justification to theSecretary that

(i) Describes each part of its drugprevention program, whether in effect orplanned:

(ii) Provides a schedule to completeand implement its drug preventionprogram: and

(iii) Explains why it has a need, otherthan administrative convenience. formore time to adopt and implement itsdrug prevention program.

(3)(i) An IHE or SEA shall submit arequest for an extension to theSecretary.

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(ii)(A) An LEA shall submit anyrequest for an extension to the SEA.

(Eli The SEA shall transmit any suclrequest for an extension to theSecretary.

(C) The SEA may include with theLEA's request a recommendation as towhether the Secretary should approve it.(Approved by the Office of Management andBudget under control number 1880-0522)(Authority: 20 U.S.C. 1145g. 3224a)

86.7 What definitions apply to this part?(a) Definitions in the Drug-Free

Schools and Communities Act. Thefollowing terms used in this part aredefined in the Act:Drug abuse education and preventionIllicit drug use

(b) Definitions in EDGAR. Thefollowing terms used in this part aredefined in 34 CFR part 77:DepartmentEDGARLocal educational agencySecretaryState educational agency.

(c) Other definitions. The followingterms used in this part are defined asfollows:

Compliance agreement means anagreement between the Secretary andan IHE SEA, or LEA that is not in fullcompliance with its drug preventionprogram certification. The agreementspec:fies the steps the IHE. SEA. or LEAwill take to comply fully with its drugprevention program certification, andprovides a schedule for theaccomplishment of those steps. Acompliance agreement does not excuseor remedy past violations of this part.

Institution of higher educationmeans

(1) An institution of higher education.as defined in 34 CFR 630.4:

(2) A proprietary institution b! highereducation. as defined in 34 CFR 600.5:

(3) A postsecondary vocationalinstitution. as defined in 34 CFR 800.8:and

(4) A vocational school, as defined in34 CFR 600.7.


Subpart 3Institutions of HigherEducation

3 $6.100 What must the IHE's drugprevention program include?

The IHE's drug prevention programmust, at a minimum. include thefollowing:

(a) The annual distribution in writingto each employee, and to each studentwho is taking one or more classes forany type of academic credit except forcontinuing education units, regardless of

Federal Register / VoL 55. No. 159 / Thursday. August 16. 1990 / Kules and Regulations 33SM

the length of the student's program ofstudy. of

(1) Standards of conduct that clearlyprohibit. at a minimum. the unlawfulpossession. use, or distribution of illicitdrugs and alcohol by students andemployees on its property or as part ofany of its activities:

(2) A description of the applicablelegal sanctions under local. State, orFederal law for the unlawful possessionor distribution of illicit drugs andalcohol;

(3) A description of the health risksassociated with the use of illicit drugsand the abuse of alcohol:

(4) A description of any drug oralcohol counseling, treatment. orrehabilitation or re-entry programs thatare available to employees or student=and

(5) A dear statement that the IHE willimpose disciplinary sanctions onstudents and employees (consistent withlocal. State, and Federal law), and adescription of those sanctions, up to andincluding expulsion or termination ofemployment and referral forprosecution, for violations of thestandards of conduct required byparagraph (a)(1) of this section. For thepurpose of this section. a disciplinarysanction may include the completion ofan appropriate rehabilitation program.

(b) A biennial review by the IRE of itsprogram to

(1) Determine its effectiveness andimplement changes to the program ifthey are needed: and

(2) Ensure that the disciplinarysanctions described in paragraph (a)(5)of this section are consistently enforced.(Approved by the Office of Management andBudget under control number 1880-0522)(Authority: 20 U.S.C. 1145g)

3116.101 What review of ME drugprevention programa does the Secretaryconduct?

The Secretary annually reviews arepresentative sample of IHE drugprevention programs.(Authority: 20 U.S.C. 1145g)

56.102 What le required of an tHE Vietthe Secretary selects for annual review?

If the Secretary selects an IHE forreview under SE 1Cei. the IHE shallprovide the Secretary access topersonnel. record.s, documents and anyother necessary information requestedby the Secretary to review the IHE'sadoption and implementation of its drugprevention program.(Approved by the Office of Management andPylvt co-trol number 1880-0522)(Authority:. U.S.C. 1145g)

{14.103 What record. and Infonsureonmust an U4E make a.ateseta to theSecretary and the public comma'. thedrug prevention program?

(a) Each II-EE that provides the drugprevention program certificationrequired by f 88.3(b) shall, upon request.make available to the Secretary and thepublic a copy of each item required by

88.100(8) as well as the results of thebiennial review required by ¢ ae.100(b).

(b)(1) An tHE shall retain thefollowing records for three years afterthe fiscal year in which the record wascreated:

(I) The items described in paragraph(a) of this section.

(ii) Any other records reasonablyrelated to the rrirs compliance with thedrug prevention program certification.

f21 If any litigation. claim, negotiation.audit, re iew. or other action involvingthe records ;las been started beforeexpiration of the three-year period, thetHE shall retain the records untilcompletion of the action and resolutionof all issues that arise from it, or untilthe end of the regular three-year period,whichever is later.(Approved by the Office of Management andBudget under control number 1880-0522)(Authority. 20 L.S C. 1145g)

Subpart CState and LocalEducational Agencies

4116.243 What must the SEA. and LEA'sdrug prevention program for students .

include?The SEA'S and LEA's program for all

students must. at a minimum, includethe following:

(a) Age-appropriate, developmentallybased drug and alcohol education andprevention programs (which address thelegal, social. and health consequences ofdrug and alcohol use and which provideinformation about effective techniquesfor resisting peer pressure to use illicitdrugs ar alcohol) for all students in allgrades of the schools operated or servedby the SEA or LEA, from earlychildhood level through grade 12.

(b) A statement to students that theuse of illicit drugs and the unlawful,possession and use of alcohol is wrongand harmful.

(c) Standards of conduct that areapplicable to students in all the SEA'sand LEA's schools and that clearlyprohibit. at a minimum. the unlawfulpossession. use. ar distribution of illicitdrugs and alcohol by students on schoolpremises or as part of any of itsactivities.

(d) A clear statement that disciplinarysanctions (consistent with local. State,and Federal law), up to and includingexpulsion and referral far prosecution,

will be imposed on students who violatethe standards of conduct required byparagraph (c) of this section and adescription of those sanctions. For thepurpose of this section. a disciplinarysanction may include the completion ofan appropriate rehabilitation program.

(e) Information about any drug andalcohol counseling and rehabilitationand re-entry programs that are availableto students.

(0 A requirement that all parents andstudents be given a copy of thestandards cf conduct required byparagraph (c) of this section and thestatement of disciplinary sanctionsdescribed in paragraph (d) of thissectior-

(g) Notification to parents andstudents that compliance with thestandards of conduct required byparagraph (c) of this section ismandatory.

(h) A biennial review by the SEA orLEA of its program to


(2) Ensure that the disciplinarysanctions described in paragraph (d) ofthis section are consistently enforced.(Approved by the Office of Management andBudget under control number 12860-052.2)(Author--y: 20 U.S.C. 3224.a)

56.201 Whet must the SEA's and LEA'.drug prevention program for employeesInclude?

The SEA's and LEA's program for allemployees must. at a minimum, includethe following:

(a) Standards of conduct applicable toemployees that clearly prohibit. at aminimum, the unlawful possession. use,or Cistributicn of illicit drugs andalcohol on school premises or as part ofany of its activities.

(b) A dear statement that disciplinarysanctions (consistent with local. State.and Federal law) up to and includingtermination of employment and referralfor prosecution, will be imposed onemployees who violate the standards atconduct required by paragraph (a) ofthis section and a description of thosesanctions. For the purpose of thissection, a disciplinary sanction mayinclude the completion of an :pp:uprisesrehabilitation program.

(c) Information about any drug andal' ohol counseling and rehabilitationand re-entry programs that are availableto employees.

(d) A requirement that employees begiven a copy of the standards of conductrequired by paragraph (a) of this sectionand the statement of disciplinary

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33584 Federal Register / Vol. 55. No. 159 / Thursday, August 18. 1990 / Rules and Regulations

sanctions described in paragraph (b) ofthis section.

(e) Notification to employees thatcompliance with the standards ofconduct required by paragraph (a) ofthis section is mandatory.

(f) A biennial review by the SEA andLEA of its program to


(2) Ensure that the disciplinarysanctions described in paragraph (b) ofthis section are consistently enforced.(Approved by the Office of Management andBudget under control number 1880-0522)(Authority: 20 U.S.C. 3224a)

§ $6.202 What review of SEA and LEAdrug prevention programs Is requiredunder this subpart?

(a)(1) An SEA shall annually review arepresentative sample of LEA programs.

(2) If an SEA finds, as a result of itsar.r.uai review. that an LEA has failed toimplement its program or consistentlyenforce its disciplinary sanctions, theSEA shall submit that information. alongwith the findings of its review, to theSecretary within thirty (30) days aftercompletion of the review.

(b) The Secretary may annually selecta representative sample of SEAprograms for review.(Approved by the Office of Management andBudget under control number 1880-0522)(Authonty. 20 U.S.C. 3224a)

§ 116.203 What la required of an SEA orLEA that is selected for review?

(a) If the Secretary selects an SEA forreview under 186.202(b). the SEA shallprovide the Secretary access topersonnel. records, documents, and anyother information necessary to reviewthe adoption and implementation of itsdrug prevention program.

(b) If the SEA selects an LEA forreview under 188.202(a), the LEA shallprovide the SEA access to personnel.records. documents. and any otherinformation necessary to review theadoption and implementation of its drugprevention program.(Authority: 20 U.S.C. 3224a)

$6.204 What records and Informationmust an SEA or LEA make &wadable to theSecretary and the public concerning Itsdrug prevention program?

(a)(1) Each SEA that provides the drugprevention program certification shall.upon request. make available to theSecretary and the public full informationabout the elements of its drugprevention program. including theresults of it hifnnicil review required by

f 86.200(h) and 86.201(f).

(2) The SEA that provides the drugprevention program certification shallprovide the Secretary access topersonnel. records. documents, and anyother information related to the SEA'scompliance with the certification.

(b)(1) Each LEA that provides the drugprevention program certification shall.upon request. make available to theSecretary. the SEA. and the public fullinformation about the elements of itsprogram. including the results of itsbiennial review required by H 88.200(h)and 88.201(f).

(2) The LEA that provides the drugprevention program certification shallprovide the Secretary access topersonnel. records. documents, and anyother information related to the LEA'scompliance with the certification.

(c)(1) Each SEA or LEA shall retainthe following records tor three yearsafter the fiscal year in which the recordwas created:

(i) The items described in paragraphs(a) and (b) of this section.

(ii) Any other records related to theSEA's or LEA's compliance with thecertification.

(2) If any litigation. claim, negotiation,audit. review, or other action involvingthe records has been started beforeexpiration of the three-year period. theSEA or LEA shall retain the recordsuntil completion of the action andresolution of all issues that arise L. om it,or until the end of the regular three -yearperiod. whichever is later.(Approved by the Office of Management andBudget under control number 1880-0522)(Authority: 20 U.S.C. 3224a)

Subpart 0Responses and SanctionsIssued or Imposed by the Secretaryfor Violations by an IHE. SEA, or LEA

1116.300 What constitutes a violation ofthis part by an !HE. SEA, or LEA?

An IHE. SEA. or LEA violates this partby(a) Receiving any form of Federal

financial assistance after becomingineligible to receive that assistancebecause of failure to submit acertification in accordance with186.3(b); or

(b) Violating its certification.Violation of a certification includesfailure of an IHE. SEA. or LEA to

(1) Adopt or implement its drugprevention program: or

(2) Consistently enforce itsdisciplinary sanctions for violations bystudents and employees of thestandards of conduct adopted by an IHEunder 88.100(a)(1) or by an SEA orLEA under H 88.200(c) and 86.201(a).(Authority: 20 U.S.C. 11455. 32241)

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$6.301 What actions may the Secretarytake it an IHE. SEA, or LEA violates thispart?

(a) lf an IHE. SEA. or LEA violates itscertification, the Secretary may issue aresponse to the Ihr.. SEA. or LEA. Aresponse may include, but is not limitedto

(1) Provision of information andtechnical assistance: and

(2) Formulation of a complianceagreement designed to bring the IHE.SEA. or LEA into full compliance withthis part as soon as feasible.

(b) If an IHE. SEA. or LEA receivesany form of Federal financial assistancewithout having submitted a certificationor violates its certification. the Secretarymay impose one or more sanctions onthe IHE. SEA, or LEA, including

(1) Repayment of any or all forms ofFederal financial assistance received bythe 1HE. SEA. or LEA when it was inviolation of this part: and

(2) The termination of any or all formsof Federal financial assistance that

(i)(A) Except as specified in paragraph(b)(2)(ii) of this section. ends an IHE's.SEA's. or LEA's eligibility to receive anyor all forms of Federal financialassistance. The Secretary specifieswhich forms of Federal financialassistance would be affected: and

(B) Prohibits an IHE. SEA. or LEAfrom making any new obligationsagainst Federal funds: and

(ii) For purposes of an IHE'sparticipation in the student financialassistance programs authorized by titleIV of the Higher Education Act of 1965as amended, has the same effect as atermination under 34 CFR 868.94.

(Authority: 20 U.S.0 1145g. 3224a)

I a6.302 What are the procedures used bythe Secretary for providing information ortechnical assistance?

(a) The Secretary providesinformation or technical assistance to anIHE. SEA. or LEA in writing. through sitevisits, or by other means.

(b) The 1HE SEA. or LEA shall informthe Secretary of any corrective action ithas taken within a period specified bythe Secretary.(Authority-. 20 U.S.C. 1145g. 3224a)

I 51.303 What are the procedures used bythe Secretary for Issuing a response otherthan the formulation of a complianceagreement or the provision of informationor technical assistance?

(a) If the Secretary intends to issue aresponse other than the formulation of acompliance agreement or the provisionof information or technical assistance,the Secretary notifies the IHE. SEA. orLEA in writing of

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(1) The Secretary's determination thatthere are grounds to issue a responseother than the formulation of acomp:iance agreement or providinginformation or technical assistance: and

(2) The response the Secretary intendsto issue.

(b) An IHE SEA, or LEA may submitwritten comments to the Secretary onthe determination under paragraph(a)(1) of this section and the intendedresponse under paragraph (a)(2) of thissection within 30 days after the date the1HE. SEA, or LEA receives thenotification of the Secretary's intent toissue a response.

(c) Based on the initial notificationand the written comments of the THE,SEA, or LEA, the Secretary makes afinal determination and. if appropriate,issues a final response.

(d) The THE. SEA, or LEA. shall informthe Secretary of the corrective action ithas taken in order to comply with theterms of the Secretary's response withina period specified by the Secretary.

(e) If an IHE. SEA. or LEA does notcomply with the terms of responseissued by the Secretary, the Secretarymay issue an additional response orimpose a sanction on the ME. SEA, orLEA in accordance with the proceduresin $ 86.304.


I 56.304 What are the procedures used bythe Secretary to demand repayment ofFederal financial assistance or terminate an

SEA's, or LEA's eligIbiety for wary orall forms of Federal flnancLst assistance?

(a) A designated Department officialbegins a proceeding for repayment ofFederal financial assistance ortermination. or both, of an IHE's. SEA's.or LEA's eligibility for any cr all formsof Federal financial assistance bysending the 1HE. SEA. or LEA a noticeby certified mail with return receiptrequested. This notice

(1) Informs the NE. SEA, or LEA ofthe Secretary's intent to demandrepayment of Federal financialassistance or to terminate. describes theconsequences of that action, andidentifies the alleged violations thatconstitute the basis for the action:

(2) Specifies, as appropriate(i) The amount of Federal financial

assistance that must be repaid and thedate by which the THE SEA, or LEAmust repay the funds; and

(ii) The proposed effective date of thetermination, which most be at least 30days after the date of receipt of thenotice of intent and

(3) Informs the IRE. SEA. or LEA thatthe repayment of Federal financialassistance will not be required or thatthe termination will not be effective on

the date specified in the notice if thedesignated Department official receives.within a 34day period beginning on thedate the IHE. SEA. or LEA receives thenotice of intent described in thisparagraph

(i) Written material indicating why therepayment of Federal financialassistance or termination should nottake place: or

(ii) A request fora hearing thatcontains a concise statement of disputedissues of law and fact. the ME's, SEA's.or LEA's position with respect to theseissues. arid, if appropriate, a descriptionof which Federal financial assistancethe 1HE SEA. or LEA contends need notbe repaid.

(b) U the 1HE. SEA. or LEA does notrequest a hearing but submits writtenmaterial

(1) The IHE. SEA. or LEA receives noadditional opportunity to request orreceive a hearing; and

(2) The designated Departmentofficial, after considering the writtenmaterial notifies the 1HE SEA. or LEAin writing whether

(i) Any or all of the Federal financialassistance must be repaid; or

(ii) The proposed termination isdismissed or imposed as of a specifieddate.(Authority: 20 U.S.C. 1145g, 324e)

Subpart EAppeal Procedures56.400 What Is the *cope of this

subpart?(a) The procedures in this subpart are

the exclusive procedures governingappeals of decisions by a designatedDepartment official to demand therepayment of Federal financialassistance or terminate the eligibility ofan THE. SEA. or LEA to receive some orall forms of Federal financial assistancefor violations of this part.

(b) An Administrative Lew judge(ALI) hears appeals under this subpart.(Authority: 31 U.S.0 1145g. 3224e)

f e6.401 What are the authority andresponalbMty of the ALA?

(a) The ALI regulates the course of theproceeding and conduct of the partiesduring the hearing and takes all stepsnecessary to conduct a fair andimpartial proceeding.

(b) The AL) is not authorized to issuesubpoenas.

(c) The AL) takes whatever measuresare appropriate to expedite theproceeding. These measures mayinclude, but are not limited to

(1) Scheduling of conferencec(2) Setting time limits for hearings and

submission of written documents: and

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C7) 4

(3) Terminating the hearing andissuing a decision against party if thatparty does not meet those time limits.

(d) The scope of the ALj's review islimited to determining whether-'

(1) The THE. SEA. or LEA received anyform of Federal financial assistanceafter becoming ineligible to receive thatassistance because of failure to submit acertification: or

(2) The BM SEA. or LEA violated itscertification.(Authority: 20 U.S.C. 1145g. 32244

I 55.404 Who awry be a peaty in a hewingunder this subpart?

(a) Only the designated Departmentofficial and the IHE. SEA. or LEA that isthe subject of the proposed terminationor recovery of Federal financialassistance may be parties in a hearingunder this subpart.

(b) Except as provided in this subpart.no person or organization other than aparty may participate in a hearing underthis subpart.(Authority: ZOUS.C. 1145g. 2224e)

I 56.403 Wye patty be ropmented bycounsel,

A party may be represented bycounsel(Authority. 20 U.S.C. 1145g. 3224a)

{ 56.404 How may a party conammicatewith an ALIT

(a) A party may not communicatewith an AL) on any fact at issue in thecase or on any matter relevant to themerits of the case unless the other partyis given notice and an opportunity toparticipate.

(b)(1) To obtain an order or rulingfrom an ALT, a party shall make amotion to the ALI.

(2) Except for a request for anextension of time. a motion must bemade in writing unless the partiesappear in person or participate in aconference telephone call. The AL) mayrequire a party to reduce an oral motorto writing.

(3) If party files a written motion.the party shall do so in accordance with

66.405.(4) Except for a request for an

extension of time, the A1.1 may not granta party's written motion without theconsent of the other party unless theother party has had at least 21 daysfrom the date of service of the motion torespond. However, the ALj may deny amotion without awaiting a response.

(5) The date of service of a motion Isdetermined by the standards fordetermining a filing date in 1 aa.405(4(Authority: 20 U.S.C. 11456 3:24s)

33586 Federal Register I Vol. 55. No. 159 / Tht:rsday, August 18, 1990 / Rules and Regulations

3 85.405 What are the requirements fortiling written submissions?

(a) Any written submission under thissubpart must be filed by hand-deliveryor by mail through the U.S. PostalService.

(1) If a party files a brief or otherdocument. the party shall serve a copyof the filed material on the other partyon the filing date by hand-delivery or bymail.

(c) Any written submission must beaccompanied by a statement certifyingthe date that the filed material was filedand served on the other party.

(d)(1) The filing date for a writtensubmission is either

Li) The date of hand-delivery; or(ii) The date of mailing.(2) If a scheduled filing date falls on a

Saturday, Sunday. or Federal holiday.the filing deadline is the next Federalbusiness day.(Authority: 20 U.S.C. 1145g. 3224a)

86.406 What must the ALJ do tf theparties enter settlement negotiations?

(a) If the parties to a case file a jointmotion requesting a stay of theproceedings for settlement negotiationsor for the parties to obtain approval of asettlement agreement. the ALJ grants thestay.

(b) The following are not admissiblein any proceeding under this part:

(1) Evidence of conduct duringsettlement negotiations.

(2) Statements made during settlementnegotiations.

(3) Terms of settlement offers.(c) The parties may not disclose the

contents of settlement negotiations tothe AL). If the parties enter into asettlement agreement and file a join.motion to dismiss the case, the ALJgrants the motion.(Authority: 20 U.S.C. 1145g, 3224a,

86.407 What are the procedures forscheduling a hearing?

(a) If the IHE, SEA, or LEA requests ahearing by the time specified in

88.344(a)(3), the designatedDepartment official sets the date and theplace.

(b)(1) The date is at least 15 days afterthe designated Department officialreceives the request and no later than 45days after the request for hearing isreceived by the Department.

(2) On the motion of either or bothparties, the AL) may extend the periodbefore the hearing is scheduled beyondthe 45 days specified in paragraph (b)(1)of this section.

(c) No termination takes effect untilafter a hearing is held and a decision isissued by the Department.

(d) With the approval of the ALJ andthe consent of the designatedDepartment official and the IHE. SEA, orLEA, any time schedule specified in thissection may be shortened.(Authority: 21) U.S.C. 1145g. 3224a)

§ 86.408 What are the procedures forconducting a pre-hearing conference?

(a)(1) A pre-hearing conference maybe convened by the AL) if the AL) thinksthat such a conference would be useful.or if requested by

(i) The designated Department official;or

(ii) The IHE. SEA. or LEA.(2) The purpose of a pre-hearing

conference is to allow the parties tosettle. narrow. or clarify the dispute.

(b) A pre-hearing conference mayconsist of

(1) A conference telephone call:(2) An informal meeting: or(3) The submission and exchange of

written material.(Authority: 20 U.S.C. 1145g. 3224e)

§ 86.409 What are the procedures forconducting a hearing on the record?

(a) A hearing on the record is anorderly presentation of arguments andevidence conducted by an ALJ.

(b) An AL) conducts the hearingentirely on the basis of briefs and otherwritten submissions unless

(1) The ALJ determines. afterreviewing all appropriate submissions,that an evidentiary hearing is needed toresolve a material factual issue indispute: or

(2) The ALJ determines, afterreviewing all appropriate submissions,that oral argument is needed to clarifythe issues in the case.

(c) The hearing process may beexpedited as agreed by the ALL thedesignated Department official. and theIHE. SEA. or LEA. Procedures toexpedite may include. but are notlimited to. the following:

(1) A restriction on the number orlength of submissions.

(2) The conduct of the hearing by.telephone conference call. '

(3) A review limited to the writtenrecord.

(4) A certification by the parties tofacts and legal authorities not in dispute.

(d)(1) The formal rules of evidenceand procedures applicable toproceedings in a court of law are notapplicable.

(2) The designated Department officialhas the burden of persuasion in anyproceeding under this subpart.

(3)(i) The parties may agree toexchange relevant documents andInformation.

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(ii) The AL) may not order discovery.as provided for under the Federal Rulescf Civil Procedure, or any otherexchange between the parties ofdocuments or information.

(4) The AL) accepts only evidence thatis relevant and material to theproceeding and is not unduly repetitious.

(e) The AL) makes a transcribedrecord of any evidentiary hearing or oralargument that is held, and makes therecord available to

(1) The designated Departmentofficial: and

(2) The IHE. SEA, or LEA on itsrequest and upon payment of a feecomparable to that prescribed under theDepartment of Education Freedom ofInformation Act regulations (34 CFR part5).


§ 86.410 What are the procedures forIssuance of a decision?

(a)(1) The AL) issues a writtendecision to the IHE. SEA, or LEA. thedesignated Department official, and theSecretary by certified mail, returnreceipt requested. within 30 days after.

(i) The last brief is filed:(ii) The last day of the hearing if one

is held: cr(iii) The date on which the AL)

terminates the hearing in accordancewith 88.401(c)(3).

(2) The AU* decision states whetherthe violation or violations contained inthe Secretary's notification occurred,and articulates the reasons for the ALJ'sfinding.

(3) The ALJ bases findings of fact onlyon evidence in the hearing record andon matters given judicial notice.

(b)(1) The AP's decision is the finaldecision of the agency. However, theSecretary reviews the decision onrequest of either party, and may reviewthe decision on his or her own initiative.

(2) If the Secretary decides to reviewthe decision on his or her own initiative.the Secretary informs the parties of hisor her intention to review by writtennotice sent within 15 days of theSecretary's receipt of the ALT's decision.

(c)(1) Either party may request reviewby the Secretary by submitting a brief orwritten materials to the Secretary within20 days of the party's receipt of theALT, decision. The submission mustexplain why the decision of the AL)should be modified. reversed orremanded. The other party shall respondwithin 20 days of receipt of the brief orwritten materials filed by the opposingparty.

(2) Neither party may introduce newevidence on review.

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(d) The decision of the ALT orderingthe repayment of Federal financialassistance or terminating the eligibilityof an IHE. SEA. or LEA does not taiceeffect pending the Secretary's review.

(e)(1) The Secretary reviews the ALT.decision considering only evidenceintroduced into the record.

(2) The Secretary's decisive mayaffirm, modify, reverse or remand theALTs decision and includes a statementof reasons for the decision.(Authority: 20 US.C. 1144 3224a)

e1.411 What are the procedures forrequesting reinstatement of sagaddril

(a)(1) An 11-1E. SEA. or LEA whoseeligibility to receive any or all forms ofFederal financial assistance has beenterminated may file with the Departmenta request for reinstatement as an eligibleentity no earlier than 18 months after theeffective date of the termination.

(2) In order to be reinstated. the ME.SEA. or LEA must demonstrate that ithas corrected the violation or violationson which the termination was based.and that it has met any repayment

obligation Imposed upon it underI 86.301(b)(1) of this part.

(b) In addition to the requirements ofparagraph (a) of this section, the ERE.SEA. or LEA shall comply with therequirements and procedures forreinstatement of eligibility applicable toarty Federal program under which itdesires to receive Federal financialassistance.(Authority: 20 U.S.C. 1245$. 3214.)

Appendix ANow This appendix will not be cod,f;ad In

the Coda of Federal Regulations.

This appendix contains descriptionof Federal trafficking (i.e.. distribution)penalties for substances covered by theControlled Substances Act (21 U.S.C.811). and is taken from a Department ofJustice publication entitled Drags ofAbuse (1885 Edition). Persons interestedin acquiring the entire publication or inobtaining subsequent editions in thefuture should contact the Superintendentof Documents. Washington. DC 20402.This appendix also contains a

description prepared by the Departmentof Justice of Federal penalties andsanctions for illegal possession of acontrolled substance. Legal sanctionsfor the unlawful possession ordistribution of alcohol are foundprimarily in State statutes.

The Department of Education isproviding this information as anexample of the minimum level ofinformation that IliEs may provide totheir students and employees in order tocomply with the requirements inI 86.100(a)(2) of these regulationsrelating to the distribution to studentsand employees of a description of theapplicable legal sanctions under Federallaw for the unlawful possession ordistribution of illicit drugs and alcohol.The Secretary considers this descriptionas meeting the requirements of theregulations. but TI-IEs are not precludedfrom distributing additional or moredetailed information. In future years.Ms should distribute the moat currenteditions of these documents that areavailable.IMAM CODE 011114-s

Appendix C

ST113151147 DRUG a'02.1CiliS

HENRICO COUNTY PUBLIC SCHOOLS

ALCOHOL AND OTHER DRUGS NOT PRESCRIBED FOR THE STUDENT ARE NOT PERMITTED.

CHEMICAL ABUSE: "possessing, using, or having evidence of prior use of illegal chemicals, alcohol,"look-alike" drugs, anabolic steroids, any drug not prescribed for the student by a physician, or anysubstance presented as a drug; OR possession or use of drug paraphernalia on school grounds or atany school-related event"

First Offense:(1) report to Youth Services Officer(2) referral to Disciplinary Review Hearing officer

(a) recommend minimum five-daysuspension from school(b) recommended 30-day exclusion from allextracurricular activities(c) absences during suspension will be unexcusedwith no right to make up missed work(d) if the student successfully completesAwareness and Intervention Program, andparent participates in one meeting withProgram staff, any suspension IN EXCESS OFFIVE DAYS may be waived; all absences duringsuspension will be excused, with the right to makeup work; and any exclusion from extracurricularactivities IN EXCESS OF TEN DAYS may bewaived.(e) the parent may enroll student incommunity drug counseling program of theirchoice, and sign permission to share informationbetween school and program, in which case theprovision of Paragraph (d) shall apply.

Second Offense:(1) report to Youth Services Officer(2) referral to Disciplinary Review Hearing Officer

(a) recommended minimum ten- daysuspension from school.(b) recommended 60-day exclusion from allextracurricular activities.(c) absences during suspension will beunexcused, with no right to make up missedwork.(d) if parent and student successfully complete adrug treatment program as recommended bythe Substance Abuse Intervention Counselorand give permission for program to shareinformation between school and program, thenabsences during suspension will ne excusedwith the right to make up work; any suspensionIN EXCESS OF TEN DAYS may be waived, anyexclusion from extracurricular activities INEXCESS OF 30 DAYS may be waived.

Subsequent Offenses:(1) report to Youth Services Officer

(2) referral to Disciplinary Review Hearing Officer(a) recommended minimum 30-day suspensionfrom school(b) recommended exclusion from allextracurricular activities for one calendar year.(c) absences during suspension will be unexcused,with no right to make up missed work.(d) if parent and student successfully compete aninpatient drug treatment program and signpermission to share information between schooland program, then absences during suspensionwill be excused with the right to make up work.

Distribution or Attempted Distribution of Drugs(whether sale or gift):(1) report to Youth Services Officer(2) referral to Disciplinary Review Hearing Officer(3) recommendation to school board for expulsion

Tobacco Products

The use and possession of tobacco products by -

elementary and middle school students areprohibited. High school students are prohibited fromthe use and possession of tobacco products on schoolproperty during the school day or in association withany instructional day activity. The instructional daybegins when the student enters school property in themorning and ends when he or she leaves schoolproperty. Also prohibited are matches and lighters.

Penalties for the use and possession of tobaccoproducts are as follows:

First Offense:Student conference, parent conference andalternative school program.

Subsequent Offenses:Out-of-school suspension.

WISE COUNTY SCHOOLS

DRUG AND ALCOHOL POLICYA stud nt shall not possess, allege to possess, use,allege to use, sell, allege to sell, transmit, allege totransmit, be under the influence or allege to be under

the influence of any narcotic drug, hallucinogenicdrug, stimulant drug, amphetamine, barbiturate,marijuana, alcoholic beverage, anabolic steroid,intoxicant of any kind, or mood or mood behavioraltering substance of any kind.

A student using a medical prescription inaccordance with a physician's directions and withinguidelines established by the School Board or schoolshall not be considered in violation of this rule. Theprincipal and/or his/her designee may confiscate anddispose of any unprescribed c r improperly used drugor beverage covered by this fule.

Under normal circumstances, first-time offendersusing any beverage or substance covered by this ruleshall receive a 10-day suspension from school andprobation for the r:miainder of the semester. Also,counseling will be recommended. Second-timeoffenders abusing any substance or beverage coveredby this rule will be subject to expulsion from schooland possible prosecution in the courts of this state.

SUBSTANCE ABUSE REFERRAL PROCEDURES

All students identified as involved in substanceabuse will be subjec to appropriate disciplinarymeasures as stated in t:-e Wise County StudentConduct and Attendance Code Handbook. Inaddition, these students must be referred to parentsfor treatment as discussed below.

Tobacco use violation and referrals for treatmentshould involve a written referral to parents. Allstudents under the age of sixteen years who are usingtobacco products are involved with a violation of StateLaw #18.2-371.2 which states: "It shall be illegal for anyperson to sell to or pu -chase for any person less thansixteen years of age, k towing that such person is lessthan sixteen ran; age, any tobacco product,inclue:.,g but not limited to cigarettes and cigars..."

Parents should be encouraged to investigate thepurchase source and advised that they may be inviolation of this law themselves. Students should beencouraged to discontinue tobacco use. Treatmentprograms designed to help are available in this areaand are listed in the Wise County Prevention ofSubstance Abuse Brochure.

All student accused of alcohol and other abusemust be referred to the Wise Count DisciplineCommittee. In addition to disciplinary measures, theDiscipline Committee and/or school principal mustprovide a list of treatment resources to the parentswith a strong recommendation that parents considerprofessional treatment or counseling. Parents shouldbe advised that second time offenders may be lesslikely to be expelled from school if proof of suchtreatment or counseling has been sought or is ongoing.

Second time offenders must be referred to theDiscipline Committee again. The DisciplineCommittee shall determine options based on student

behaviors and possible treatment intervention sincethe initial referral. Some available options are referralto the Wise County School Board for action,suspension (long or short term), expulsion and/orprosecution by the courts. Expulsion and referral forprosecution ii,ay be the most appropriate options forthose offenders who have sought no treatment ormade little effort to change inappropriate behaviors.

A copy of this procedure should be distributed toall student and parents and should be widelypublicized to gain public assistance in maintainingschools free of substance abuse.

Possession of Medication andPrescription Drugs1. In order that school authorities will know whatmedicine a student is taking in case of an emergencyand in order to prevent trafficking in drugs, no studentmay have in his possession any medication orprescription drugs, even if recommended orprescribed for the student's use. All such items shallbe taken to the office of the principal or his designee atthe start of the school day for safekeeping. Nomedication will be administered except thatauthorized by a licensed physician and requested bywritten permission on a form available at each school."Medication" shall mean any drug or other substanceused in treating diseases, healing, or relieving pain,including all over-the-counter drugs such as aspirin,cough syrups, gargles, caffeine pills and the like.Students who violate this policy will be disciplined.

Reports to Principal1. All incidents involving the possession, use, sale ordistribution of alcoholic beverages, controlledsubstances, drug paraphernalia, or imitationcontrolled substances, as these terms are definedabove, by students, School Board employees, oranyone else on school grounds or at school-sponsoredactivities shall be reported to the principal. Theprincipal shall report any suspected violations of law tothe appropriate law enforcement authorities.

Students Seeking Voluntary Drug/AlcoholAssistance1. The school will provide, without penalties, assistanceto any student voluntarily seeking drug and alcoholtreatment or advice. If a student voluntarily seeksinformation or assistance about illegal substance use,and has not been apprehended for any such violationby school authorities, staff will take the followingaction:(a) Immediately consider the best possible means of

helping the student, including the use of membersof the school staff, pupil personnel services, teamconference, or private and community resources

(h) Parents are an important factor in helping theindividual student and could be involved as

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soon as it is considered to be appropriate.(c) Students who voluntarily seek help or treatment

will be given the opportunity to make up anyschool work missed.

CITY OF SALEM PUBLIC SCHOOLS

Rule 7 - Drugs, Alcohol and Tobacco

I. Alcohol and Other Drug Abuse

As one of its major tasks, the school is responsible forproviding a safe and healthy environment conduciveto wholesome living and effective learning. To helpprovide such an environment at a time when drugabuse is a serious social and health problem, theschool board hereby establishes policies andprocedures relative to drug abuse in the schools andon school property. This is necessary so that all schoolpersonnel (students as well as employees), local healthagencies, local law enforcement officials, parents, andcitizens of the community are aware of the role theschool will play in any situation involving the use ofdrugs including anabolic steroids in school.

The City of Salem School Division has defined Alcoholand Other Drug Abuse as follows: "possessing, using,or having evidence of prior use of illegal substances,alcohol, "look-alike" drugs, any drug not prescribedfor the student by a physician, or any substancerepresented as a drug; OR possession or use of drugparaphernalia on school grounds or at any school-related event."

The definition specifically includes:I. Use, possession, distribution, intent to sell,selling attempting to sell, or being under theinfluence of a controlled substance, marijuana,illegal drugs or intoxicants, including alcohol, onschool property or while engaged in or attending aschool activity or in any manner so as to endangerthe well-being of students or staff.2. Bei lig present upon school grounds within areasonable time after having consumed or used acontrolled substance, marijuana, illegal drugs orintoxicants, including alcohol.3. Possession or distribution of "imitationcontrolled substances" which by dosage unitappearance, including color, shape, size, andmarkings, or by representations made, would leada reasonable person to believe that the substanceis a controlled substance.4. The use, possession distribution, intent to sell,selling, or attempting to sell drug paraphernaliaon school property or while engaged in orattending a school activity, or in any manner so asto endanger the well-being of students or staff.

Drug paraphernalia means any equipment,products, and materials of any kind includingthe constituent parts thereof that are eitherdesigned for use or which are intended by thestudent for use in packaging, repackaging,storing, containing, concealing, injecting,ingesting, inhaling, or otherwise introducing intothe human body marijuana or a controlledsubstance. Drug paraphernalia shall include, butnot be limited to, those things defined inSection 18.2-265.1 of the Code of Virginia, which isavailable for review in each principal's office.

Administrative Procedures for Handling Alcoholand Other Drug Abuse Policy Violations

I. Use, Possession, or Being Under the Influence

First Offense1. Report to school administration and YouthServices Officer (Police) with recommendation toprosecute2. Automatic suspension from school.Minimum: five-days suspensionMaximum: ten-days suspension3 Absences during suspension will be unexcusedand student will not be allowed to makeup work for credit.4. Automatic 30-day exclusion from allextracurricular activities.

Second Offense1. Report to school administration and YouthServices Officer (Police) - with recommendation toprosecute.2. Automatic suspension from school.3. Absences during suspension will be unexcusedand student will not be allowed to make up workfor credit.4. Automatic suspension from all extracurricularactivities for the remainder for the school year.5. Referral to Disciplinary Review Committeefor consideration for expulsion from school.

II. Distribution, Intent to Sell, Selling, Attempting toSell

f .

(Distribution or Attempted Distribution of Alcoholand Other Drugs, whether sale or gift)

1. Report to school administration and YouthService Officer (Police) with recommendation toprosecute.2. Automatic suspension from school.3. Absences during suspension will be unexcusedand student will not be allowed to make up workfor credit.4. Automatic suspension from extracurricular

activities for the remainder of the school year.5. Referral to Disciplinary Review Committeefor consideration for expulsion from school.

III. It is the policy of the Salem City SchoolDivision to require the student and his family todevelop a contract with the principal whichprovides for the satisfactory completion of anintervention or treatment program, whether in-patient or out-patient. The student isfurther encouraged to take advantage ofacademic support programs currently in place.

B. TobaccoThe use of tobacco by students inall schools is prohibited.

I< OA NG .(E COUNTY PUBLIC SCHOOLS

A. Philosophy StatementThe Roanoke County School Board recognizes

that the use of alcohol and other drugs and theproblems associated with it are becomingincreasingly commonplace in our society andamong youth. One's own chemical use or that of aloved one can have serious and lifelongconsequences.

The Roanoke County School Board alsorecognizes that the abuse of alcohol and/or drugsoften precedes the development rsf problems. Atsome point, an individual's use of alcohol or otherdrugs may be deemed destructive to him/herselfor to others, causing problems in daily living.Where the capacity to make responsible decisionsregarding alcohol and other drug use has beenreduced or compromised, prompt and appropriateattention can help the vast majority of individualsinvolved.

The Roanoke County School Board recognizesthat students often need education, assistance,and support because of their own drug use orbecause of drug-related problems in those theycare about. Many students will require support fortheir decision to remain drug- free. Sincechemical dependency is preceded by the abuse ofalcohol or other drugs, the school system wishes toprovide education and/or assistance to anystudent displaying signs of harmful involvement.

The Roanoke County Schools also recognizesthat a person's use of alcohol or other drugs canlead to the illness of chemical dependency.Complete recovery is possible, however, if the;11ness is identified early and treated appropriatelythrough referral to community agencies. TheRoanoke County Schools regards alcoholism, drugaddiction, and dependency as it does any otherillness or chronic behavioral/medical problem.Our primary purpose is to be helpful and to

eradicate the judgments or blame which onlycontinue to stigmatize those with such problemsand make their recovery difficult or impossible.

The Roanoke County School Boardbelieves it is in the best interest of the communityfor it to take steps to promote, enhance, andmaintain a drug-free school system and studentbody, and that along with parents and othersegments of the community it has a role to play inhelping students to remain drug-free.

Whenever factors arise which interfere with astudent's school performance, the RoanokeCounty Schools will mobilize its resources toaddress the situation. Therefore, the RoanokeCounty Schools wishes to cooperate with allsegments of the community in making the meansof assistance available to all those individuals whodevelop alcohol or other drug-related disabilities.

B. Student Assistance Program PolicyThe Roanoke County Schools establishes a

Student Assistance Program to provide education,assistance, and support for students affected bytheir own or others' drug and alcohol-relatedproblems along the following guidelines:1. Students shall not use, be under the influenceof, or have in their possession on school propertyor while engaged in or attending a school-sponsored activity, alcoholic beverages, marijuana,anabolic steroids, or other controlled substancesas defined in the Drug Control Act of the Code ofVirginia, or drug paraphernalia. As used in thispolicy "drug paraphernalia" shall include, but notbe limited to, those items defined in Section18.1-265.1 of the Code of Virginia.(a) First Offense: Parents and law enforcement

will be contacted immediately upon verification ofthe violation. The student will receive an out-of-school suspension, with no right to make upmissed work, for from five (5) to ten (10) days, andwill be ineligible for participation in allextracurricular activities for a period of one (1)calendar year. The building administrator mayreduce the suspension to five (5) days in-schoolwith the right to make up work and loss ofextracurricular eligibility for 30 calendar days if:(1) The student agrees to see the SAPCoordinator/Counselor or the Core Team andfollows their recommendations satisfactorily; OR(2) The student and family agree to a drug andalcohol assessment provided at a state-approvedalcohol/drug agency in the community andconducted by a Certified Alcoholism/Drug AbuseCounselor, and follow their recommendationssatisfactorily. Assessment shall be completedwithin fifteen (15) school days.

(b) Second Offense: Parents and law enforcement willbe contacted immediately upon verification of

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the violation. The student will receive an out-of-school suspension for ten (10) days with no right tomake up work, and will be ineligible forparticipation in all extracurricular activities for aperiod of one (1) calendar year. Arecommendation for expulsion will be made to theSuperintendent. The building administrator orthe Board of Education Disciplinary Reviewcommittee may hold recommendation forexpulsion in abeyance if:(1) The student agrees to see the SAPCoordinator/Counselor or the Core Team andfollows their recommendations satisfactorily; OR(2) The student and family agree to a drug andalcohol assessment within the suspension periodprovided at a state-approved alcohol/drugagency in the community and conducted by aCertified Alcoholism/Drug Abuse Counselor, andfollow their recommendations satisfactorily.Assessment shall be completed within fifteen (15)school days.

(c) When an assessment is completed by analcohol/drug agency, the agency'srecommendations will be reviewed and monitoredby the SAP Coordinator or Core team.Modifications to the assessmentrecommendations may be made by the SAPCoordinator and/or Core Team if deemedappropriate. An appeal of the assessmentrecommendations may be reviewed by theDisciplinary Review Panel.

2. Students shall not give, sell, distribute, or possesswith the intent to give, sell, or distribute on schoolproperty or while engaged in or attending a school-sponsored activity, alcoholic beverages,marijuana, anabolic steroids, or other controlledsubstances as defined in the Drug Control Act ofthe Code of Virginia, drug paraphernalia orimitation controlled substances. As used inthis policy, drug paraphernalia shall include, butnot be limited to, those items defined in Section18.2-265.1 of the Code of Virginia. As usedherein, imitation controlled substances shall meana pill, capsule, tablet, or other item which is not acontrolled substance, alcoholic beverage, anabolicsteroid, or marijuana but which by dosage unitappearance, including color, shape, size, marking,and package, or by representation made, isintended to lead or would lead a reasonableperson to believe that the substance is a controlledsubstance.(a) First ('`ffense: Parents and law enforcementwill be contacted immediately upon verification ofthe violation. The principal shall immediatelyeffect an out-of-school suspension for ten (10)school days and shall consult with the director ofadministration and secondary education relativeto recommendations for expulsion. In the event

expulsion is not recommended, the student maybe referred to the Student Assistance Program.

3. Because of the potential dangers to the studentpresented by his/her acute intoxication withalcohol or other drugs, students exhibitingevidence of acute intoxication, incapacitation, or adrug overdose in school or at school-sponsoredevents will be transported immediately to the localhospital or facility designated to providedetoxification services, followed by immediatenotification of parents and police. Followinghis/her return to school, Section 1 of this policy willbe implemented.

4. Reductions in length of suspension orextracurricular ineligibility, or withholding ofexpulsion may be revoked whenever a studentfails to demonstrate compliance with expectationsof or satisfactory progress in the StudentAssistance Program. Whenever any of theseactions are being considered, the proceduralrequirements of the Student Conduct Code will befollowed.

All school staff members are expected to refer tothe appropriate Student Assistance Program staff:

(a) Any student who they witness in violation ofSection 1 above;(b) Any student who exhibits a definite andrepeated pattern of unacceptable schoolperformance and does not respond to usualand customary attempts to correct it;(c) Any student exhibiting signs, symptoms, orindications of an alcohol or drug-related problem;(d) Any student whose self-disclosedalcoh' 1 /drug - related behavior places them orothers at risk or in imminent danger.

Referral of a student to the Student AssistanceProgram by itself does not constitute an allegation thata student has an alcohol/drug-related program.

6. Students may also be referred to the SAPCoordinator/Counselor or the Core Team throughself-referral or referral by peers, parents, orcommunity representatives.

7. An essential feature of the progran, is thatstudents and their family members are encouragedto contact the building administrators and/or theSAP Coordinator/Counselors for help with alcoholand other drug-related problems, with theassurance that such contact will he handledsensitively and confidentially.

8. Upon referral to the SAP Coordinator/Counselor orthe Core Team they may consult with the student,parents, and/or staff members in an attempt toassess the nature and scope of the student'sproblem. This initial screening will result in one ormore of the following recommendations.

(a) No apparent personal or performanceproblem at this time; no further action isnecessary at this time.(b) No apparent alcohol/drug-related problem atthis time; however, referral to other in-school orcommunity services is appropriate.(c) Further assessment interviews with the SAPCoordinator/Counselor or Core Team are needed.(d) The student needs to contract for specificbehavioral changes in AODA-related behavior,monitored through regular meetings between thestudent and the SAP Coordinator/Counselor orCore Team representative.(e) The student needs to satisfactorily participatein an in-school support group, after whichadditional recommendations will be made.(f) The student requires referral to an approvedAODA agency for a professional assessment.(g) Assessment information supports the needfor chemical dependency treatment in aninpatient or outpatient program in thecommunity.(h) The student requires involvement in othercommunity services, such as Alateen, AlcoholicsAnonymous, Narcotics Anonymous, etc.

9. Except for violations reported under Section 1, astudent who self-refers to the Student AssistanceProgram or Core Team and who is makingsatisfactory progress in following theirrecommendations will not be liable to suspension,extracurricular ineligibility, or other disciplinaryaction for behavior which occurs prior to self-referral unless:(a) The student discloses conduct alreadyreported under Section 1 as a witnessed violation.

10. Evaluations concerning "satisfactory progress inthe Student Assistance Program" will be made bythe building SAP Coordinator/Counselor or CoreTeam member in consultation with the buildingadministrator, support group facilitators, and othermembers of the Core Team.

11. Participation in the Student Assistance program isvoluntary. At all times it is the prerogative of thestudent and/or parent to accept or reject referral tothe SAP Coordinator/Counselor or Core Teammember or to community -lased services.(a) Regardless of whether a student accepts orrejects assistance, it remains his/her responsibilityto bring school performance up to acceptablelevels or face such corrective or disciplinaryactions as may be warranted.(b) If a student accepts treatment for chemicaldependency, that fact will be regarded as anyother illness with respect to the student's rights,benefits, and privileges.(c) When either the student or parent(s) do notwish to cooperate in making needed assistanceavailable, the student's status in school will be

reevaluated, taking into account the bestinterests of the student, the nature of theproblem, and the health, safety, welfare,educational opportunity, and rights of otherstudents and staff.

12. No records of the student's participation in theStudent Assistance Program will become part ofthe student's permanent record or cumulative file.Diagnostic labels such as "drug abuser" or"chemically dependent," in addition to pejorativelabels, are never to be used in documents referringto a student or in conversation about the studentwith third parties by any staff member.

13. The use of prescription medications is to beconstrued as an exception to this policy when usedby the individual for whom they are prescribed,when used in the manner and amounts prescribedand when used in the manner and amountsprescribed and when used in accordance withother school policies governing studentmedications.

14. Parents of all students participating in the StudentAssistance Program will be specifically notified oftheir child's involvement at some point.(a) Parents will be informed of their child'sinvolvement in the Student Assistance Programimmediately in cases of violations of this policy.(b) In cases where students participate in theprogram through self-referral or other avenues(Section 5), parents will be notified as soon aspractical. The SAP staff will document reasonsbehind their decision to postpone parentnotification and involvement.(c) Prior parent notification and consent will berequired in all cases before student contact withany Certified AODA Counselor who is from anapproved AODA community agency and who isnot a school district employee.

15. The school board's protection from liability will beextended to all staff to the extent that they act inaccordance with this policy and observe theprocedures consistent with it established withintheir respective buildings.

16. The responsibility for operating the StudentAssistance Program will be in the hands of eachbuilding administrator (or his/her designee), whowill interpret the division's policy to students, staff,parents, and the community.(a) Final decisions regarding disciplinary actionand the consequences of other violations of thispolicy will be made by the building administratorin consultation with the SAPCoordinator/Counselor and other members of thebuilding Core Team.(b) It shall be the responsibility of each buildingadministrator (or his/her designee) to developprocedures consistent with this policy and toprovide the staff training and in service necessary

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for their implementation.

C. PROGRAM ROLESAnyone within the school system could

conceivably become involved in the identification,assessment, intervention, treatment, and/or support ofa student who has an alcohol or other drug abuse-related problem.

D. INSTRUCTIONAL STAFFAs the person in the best position to observe and

note changes in student conduct on a regular, dailybasis, the classroom teacher plays the most vital rolein the early identification of students who may havealcohol or other drug abuse-related problems.

The role of the staff members is clearest in thecase of "witnessed use," or the firsthand observation ofinstances where students are violating school policies(and state, federal, and local ordinances) against themanufacture, possession, use. delivery, or sale ofalcohol or other mood-altering drugs on schoolgrounds or at school-sponsored activities. If a staffmember witnesses a violation of such a policy duringthe school day, he/she should take a number of steps,including: obtain the student's name, inform thestudent of the apparent violation, note any others inthe area who may also have witnessed the student'sbehavior or conduct, confiscate the chemical and/orany evidence of its use, escort the student to the officeof the principal or his/her designee, document andreport details of the incident to the principal and/orhis/her designee. The principal would then take thestandard disciplinary steps as spelled out in theschool's alcohol/drug policy. The Student AssistanceCounselor/Coordinator and/or the Core Teammember would become immediately involved to beginthe assessment process.

Students who are heavily intoxicated or who areincapacitated may be suffering from a drug overdose.Such intoxication should always be regarded as amedical emergency and responded to in the samemanner as other medical emergencies.

Additional responsibilities of all staff include: t-ealert to unexplained or persistent changes inperformance or behavior; confer with members of theStudent Assistance Program regarding potentialstudent referrals; document patterns of unacceptablebehavior or performance; refer students to the SAPstaff when appropriate; participate in the assessmentprocess by providing SAP staff with information whenrequested; participate in intervention meetings;respect student rights to privacy and confidentiality;have a knowledge of AODA; be alert to the presence of

anyone not enrolled as a student in the school buildingor on the school grounds.

E. BUILDING ADMINISTRATORSAs the source of leadership within the individual

school building, the administrator's role is chieflyconcerned with actively supporting various aspects ofthe program and its policies and procedures: be anactive member of the building's core team; providevocal support for the SAP; acquire training infundamental alcohol and other drug abuse concepts;refer to the SAP those students involved in disciplinaryaction and who are suspected of being involved withsubstance abuse, enforce the school system'ssubstance abuse policy; review and interpret theschool board's policy relative to drug abuse to bothprofessional and nonprofessional staff; see that allareas of the school, including restroom and lockerrooms, are properly supervised; report all drug abuseincidents to the division superintendent of schools orhis/her designee; designate a staff member to keepaccurate and detailed records on all drug incidents (allsuch information should be treated as beingconfidential); require any student under medical careand using prescribed medication in school to presentto the principal, or to someone officially designated, adoctor's order stating the type of medicationprescribed for the student, dosage and time to beadministered, and the duration of the treatment. If

the student is in need of immediate medical attention,inform the student's parents and make arrangementsto transfer the student to a hospital to be placed underthe care of the family physician.

F. PUPIL PERSONNEL SERVICES STAFFSchool counselors, social workers, psychologists,

and other pupil personnel services staff members arefrequently in contact with students and/or familiesover issues ranging from minor problems to crises.Pupil personnel services staff members should bemembers of the core team, and may be identified asindividual Student Assistance Program counselors. Afew basic expectations define the role of pupilpersonnel services staff persons in the SAP in general:acquire proper training in alcohol/drug skills andconcepts, refer students wifa potential substanceabuse-related problems to the SAP staff, be an activemember of the core team/screening team.

G. SAP COUNSELOR/COORDINATORThe role of the Student Assistance Program

Counselor/Coordinator, as the title implies, cernbinescounseling and coordinative functions. In smallerschools a single individual may perform the functionslisted below. In larger settings, the SAP Coordinatorretains the program management functions, and theremaining tasks are carried out by one or moreindividuals designated as SAP counselors. The SAPCoordinator and those designated as SAP counselorsarc always members at the building's coreteam/screening team and participate in its tasksduring the program's development and maintenance.If all the responsibilities of the Student Assistance

Program Counselor/Coordinator are the province of asingle individual in a school building, they wouldinclude counseling, education, and programmanagement function. The SAP Coordinator shall actas an advisor, upon request, to the DisciplinaryReview Panel in cases involving substance abuse.

H. CORE TEAMA team of professional personnel, usually

consisting of an administrator, counselor, and teacher,who act in the role of the Student Assistance ProgramCounselor/Coordinator where that individual is notavailable on staff.

I. VOLUNTARY/WRITTEN CONSENTIn order to participate in Student Assistance

Program support groups, written parental permissionis required. Such permission is not necessary in thecase of one-to-one counseling. Information receivedduring counseling from a student about the student'sor another's drug-related problems is consideredconfidential and cannot be disclosed unless (a) thestudent consents to the disclosures, or (b) the staffmembers judge that the student or another is inimminent danger and that disclosure will alert othersto the danger.

J. SEARCH AND SEIZURELockers and other storage facilities made

available to students for temporary storage of theirpersonal possession remain under the joint control ofthe school administration. The school administration,upon reasonable suspicion has the right to searchlockers, desks, and other storage facilities for itemswhich violate law, school policies and regulations, orwhich may be harmful to the school or its students.

The school administration also has the right tosearch any student when there is reasonable suspicionto believe that the student possesses an item whichviolates law, school policies and regulations, or whichmay be harmful to the school or its students. Searchesof students' automobiles shall only be conductedwhere probable cause exists. The above proceed -eswill be conducted by an administrator or hisdesignee(s) in the presence of a witness(es). In noevent shall strip-searches, breathalyzer tests, nor urinetests of students be conducted by school personnel. Itis recommended that the School Resource Deputy orother law enforcement officer be contacted to assist inperforming any strip-search, breathalyzer test, or urinetest of students.

Contraband material or other physical evidenceis to be turned over immediately to the principal ordesignated person in his absence who is personallyresponsible for holding and delivering such material tothe public authorities.

Such materials should he received in thepresence of witnesses and marked for future

identification. A receipt with witnesses' signaturesshould be furnished the owner, if know, and onerequested from the officer who takes possession.

K. VIOLATIONS OF CRIMINAL LAWIn addition to any disciplinary action taken by the

principal or other school authority under this code, anyviolation of criminal law will be handled with theSheriff's Office as outlined below:

1. The principal may discuss any case felt to besevere enough with the proper schooladministrative personnel; however, all criminalviolations of law that come to the attention of theprincipal or other administrative personnel, will bereported to the Sheriff's Office. The assignedSchool Resource Deputy will be utilized wheneverpossible. In emergencies or cases where time isessential, and the School Resource Deputy will bedelayed, the Sheriff's Office will be contacteddirectly.2. Principals should be advised of the actiontaken on investigations conducted at the school oron school grounds within the restrictions andlimitations imposed by law.

PRINCE WILLIAM COUNTY PUBLICSCHOOLS

The approved Code of Behavior for PrinceWilliam County Public Schools states that "thepossession, use, or distribution (by sale, gift orotherwise) or attempted distribution of drugs (illegal,prescription, and/or over-the-counter), alcohol,inhalant intoxicants, anabolic steroids or lookalikes(placebos) on school property, at school functions orgoing to and from school is expressly forbidden."

A substance abuse offense includes thepossession or use of:

alcohol, alcohol products or alcoholcontainersillegal prescription and over-the-counter drugslookalikes or placebo drugsinhalant intoxicantsanabolic steroidsdrug paraphernalia

A substance abuse suspension offense shall receiveno less than three days out-of-schoolsuspension. A first time substance abuse offense shallbe :eferred to the school substance abuse preventionstaff for assessment and, if appropriate, the student willbe expected to successfully complete the IMPACProgram. IMPAC is a five-day substance abuseeducation program for students and their parents. Ifthe student chooses not to complete the IMPACProgram, the student will be given two additional daysout-of-school suspension.

Out-of-school suspension days are unexcusedabsences and students receive failing grades for anyassigned work in accordance with Regulation 724-1.The principal has the latitude to provide make-upoptions which would avoid automatic failure.

A substance abuse suspension offense shall alsoresult in a suspension for thirty calendar days fromparticipation in all school activities (teams, clubs, andother school-sponsored activities), including practice.

The student shall also be on disciplinaryprobation for 90 calendar days.

The principal or principal'sdesignee shall immediately notifythe student's parent(s) and thePupil Personnel Department ofthe suspension. The student'sparent(s) shall be informed of theconditions under which thesuspension will be served, the factthat the absences will beunexcused, that all substanceabuse violations are reported tothe police, and the consequences offurther violations. Thestudent and parent will berequested to sign a statementacknowledging that they havebeen informed of theconsequences of any subsequentviolations.

The approved Code of Behavior for PrinceWilliam County Public Schools states that "thepossession, use, or distribution (by sale, gift orotherwise) or attempted distribution of drugs (illegal,prescription, and/or over-the-counter), alcohol,inhalant intoxicants or lookalikes (placebos) on schoolproperty, at school functions or going to and fromschool is expressly forbidden."

In addition to the requirements of policy, noticeand other regulations, the following provisions shall befollowed for all students involved in the use,possession, or distribution of illegal drugs,paraphernalia, or intoxicants:

I. In all cases, parents/guardians shall be notified assoon as possible. In the event parents/guardianscannot be reached or cannot come to the schoolpromptly, the principal or his designee is torepresent the best legal interests of the student(s)involved as well as the interests of the total schooland community.

2. Students involved in the possession/use of alcoholicbeverages at school or who arrive at school underthe influence of same, ire subject to eithersuspension or expulsion from school. The illicit

beverages may either be turned over to theparents/guardians or destroyed by the principal. Aschool witness shall be present in either case. Policerepresentatives would normally not be contacted inthese cases unless the student is disorderly,disruptive and/or a threat to the safety of others orproperty. In such instances, the police may becontacted and requested to assume custody.Parents/guardians are to be notified as soon aspossible that their child is being placed in theprotective custody of the police. Normally, however,these youngsters should be turned over to theparents/guardians and suspended from school.The length of suspensions in these cases may varyfrom three days to the maximum allowable due tothe nature and degree of involvement in eachindividual case. All student expulsionrecommendations must be cleared by theappropriate area associate superintendent prior tothe principal informing parents/students of such arecommendation.

3. Students involved in the possession, use ordistribution of drugs (illegal, prescription, and/orover-the-counter), alcohol, inhalant, intoxicants orlookalikes (placebos) or paraphernalia, on schoolproperty, or who arrive at school under the influenceof same, are subject to suspension and/or expulsionfrom school.(a) A minimum three-day suspension fromschool is required in all but very unusual andextenuating instances for all students using or inpossession of such drugs or paraphernalia, or ifthese substances are found in a location clearlyunder the direct control of the student(s).(b) Staff shall recommend a suspension alternativefor students involved (for the first time) in asubstance abuse offense which results in thepenalty of suspension. This alternative isavailable in suspension cases only and willfollow the guidelines as outlined below:

(1) Out-of-school suspension days areunexcused absences and no credit shall begiven for the work missed.

(2) The automatic failure provision will bewaived, provided the student and parent orlegal guardian agree to and satisfactorilyparticipate in the IMPAC (InterschoolManagement of Problems due to Alcohol andChemical involvement) Program.

(3) A substance abuse suspension offenseshall also result in a suspension for thirtycalendar days from participation in allschool activities (teams, clubs, and all otherschool-sponsored activities), includingpractice.

(4) The student shall also be on disciplinaryprobation for ninety (90) calendar days.Any discipline problem occurring within 90

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days of the substance abuse suspension offense willreceive the maximum suspension for the offense.(5) The principal or principal's designee shall

immediately notify the student's parent orlegal guardian and the Pupil PersonnelDepartment of the suspension. The student'sparent or legal guardian shall be informed:- of the conditions under which the

suspension will be served,- of the fact that the absences will be

unexcused,if the student and his or her parent orlegal guardian satisfactorily participate in theIMPAC Program then the automaticfailure provision will be waived and thestudent shall receive only three days ofsuspension. (Five days of unexcusedabsences result in failure for the gradingperiod.)

- of all substance abuse violations reported tothe police,

- of the consequences of further violations.

The student and parent or; legal guardian will berequested to sign statement acknowledging that theyhave beim informed of the consequences of anysubsequent violations.

(c) The second such offense in the same schoolyear will bring an automatic recommendation tothe School Board for the expulsion from school ofsaid student. An automatic recommendationfor expulsion by the building principal is also tooccur the first time a student is involved in thedistribution of illegal drugs, paraphernalia,alcohol, over-the counter drugs or placebos(lookalikes). Parents/guardians and thecommunity resource officer are to be contacted assoon as possible. An incident report and aproperty receipt must also be prepared atthat time. The student is to be suspended fromschool until such time as the appropriate areaassociate superintendent review therecommendation for expulsion and make arecommendation to the DivisionSuperinte: lent and/or until such time as theSchool Board has a hearing on the expulsionrecommendation. The principal shall work withthe appropriate area associate superintendent inpreparing all material and procedure for theparents/guardians and the reviews or hearing. Inany case of suspension or expulsion, theprocedures required for such action must beconsulted as followed.

(d) A principal should conduct whateverinvestigation he deems reasonably necessarybefore making a final decision concerningwhether a student has been involved in using,

possessing, or distributing an illegal drug. Thisinvestigation shall be for school pur,oses only,and all prosecution shall be undertaken by theappropriate authorities. If the investigationreveals facts and circumstances from which theprincipal can reach an immediate conclusion, heshould act forthwith. Some examples includecases in which a student sells, distributes, uses orpossesses material which the student hasrepresented to be an illegal drug, cases in whichthe material can be identified with reasonablecertainty by the principal or the authorities asan illegal drug, cases in which a student admits tothe allegations, and the like. A principal may relyupon any source of information he considers to bereliable in reaching his conclusion, includinginformation from students, teachers, or policeauthorities. If, however, the investigation revealsthat there may be an innocent explanation for thesimple use of possession of a substance, theprincipal should use discretion in determiningwhether to suspend or recommend expulsionbefore the results of a police investigation orchemical analysis are received. The principalshould in the interim take administrativeaction as necessary to prevent recurrence of theincident, as by forbidding the student frombringing unexplained substances to school,conferring with the parents/guardians, and soforth.

4. The disposition of illegal drugs and/orparaphernalia that are involved in possession,use or distribution cases, shall be dealt with asfollows:(a) The school administrator or faculty

members coming into possession of theabove will contact the community resourceofficer responsible for support to thatparticular school. The officer is to befully briefed concerning the circumstancesand will make the decision concerningprosecution. If the community resourceofficer cannot be contacted, contact theJuvenile Bureau or police department.Attempts will be made to dispatch amember of the bureau to your location.

(b) If no member of the Juvenile Bureau isavailable, the administration or facultymember should take necessary actionadministratively, secure the contraband andturn it over to the community resourceofficer as soon as possible for investigation ordisposition.

(c) In no event should a regular patrol unitbe requested unless you have anuncontrollable situation. After the situationhas been stabilized, the buildingadministrator should make no decision

concerning prosecution until the matterhas been coordinated with the communityresource officer or police headquarters. TheSchool Division has, in conjunction with theCommonwealth's Attorney and the chief of police,determined that the community resource officerwill make the decision as to the question ofprosecution and handling the contrabandmaterial.

(d) The contraband itself should not betransferred between persons but retained by thefirst person who takes possession. It should besealed and annotated. This person must insurethat the contraband is in his sole possession,under such security as is necessary to insure that itcannot be removed, replaced, or tampered withuntil delivered to the police officer.

5. For every incident involving students using or in thepossession of or distributing illegal drugs,paraphernalia, or intoxicants an incident report willbe completed and forwarded to the Office of Safetyand Security. In addition, a copy of this report and acopy of the written communication with the parentoutlining the incident and disciplinary action takenby the school shall be forwarded to the appropriaterea associate superintendent.

6. Any disciplinary actions that may result in a changein a special education student's IEP should followthe procedures outlined in Regulation 745-2.

Principals and the area associate superintendentsshall be responsible for the implementation andmonitoring of this regulation.

Smoking/Possession and/or Use of All TobaccoProducts

The Prince William County Code of Behaviorexpressly forbids smoking for K-12th grade students.

1. All kindergarten, 1st, 2nd, 3rd, 4th and 5thgraders involved in the smoking and/orpossession/use of tobacco products at school oron bus are to be disciplined as follows:

1st offense - conference with parent and child.2nd offense - 1 day suspension3rd offense 5 days

In any case of suspension, the due processprocedures required by such action must be followed.

2. All 6th, 7th, 8th, 9th, 10th, 11th and 12th gradersinvolved in the smoking and/or possession/use oftobacco products at school or on the bus are to besuspended from school.

The lengths of suspension these cases are:

1st offense - 3 days2nd offense - 4 days3rd offense - 5 days

In any case of suspension, the due processprocedures required by such action must be followed.

The principal and the appropriate areasuperintendent are responsible for theimplementation and monitoring of this regulation.

Searches and Seizures

Searches of students' persons, papers and effectsshall be made by school administrators only for thepurpose of preserving student safety or morality, thesafety of persons or property, and for maintainingdiscipline and control in the school. Such searchesmay be made when reasonable suspicion exists that astudent possesses one or more of the following uponhis person or among his papers and effects:

1. A prohibited weapon, explosive device, orother item which presents a physical danger topersons or property.

2. An illegal drug, stolen property, or other illegal orcontraband item.

3. The possession of an automatic telephonebeeper or intercom pager.

The use/or possession of automatic telephonebeepers or intercom pagers is strictly prohibited. Anyautomatic telephone beeper or intercom pager foundto be in the possession of a student will be confiscated.The student will be subject to further disciplinaryaction as deemed necessary by the building principal.

Any exception will be by prior approval of theprincipal upon the request of the student and parentwith sufficient justification.4. Obscene material.5. Any other material or thing which a student has

been prohibited from possessing at school, or whichpresents a danger to order and discipline, or to thewelfare of persons or prop :rty, if allowed to remainin the student's possession.

Searches should not be made for the purpose ofprosecuting a student, but rather for the abovepurposes. Illegal items discovered during a searchshall be turned over to the police because of thenature of the item, and not for the purpose ofprosecution. Thereafter, the decision as to whether ornot to prosecute shall rest in the discretion of thepolice and the Commonwealth.

Items which are not illegal to possess, but areprohibited, shall be returned to the student at the endof the day, or to the student's parent, with the

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understanding that these items are not to be broughtback to school.

Desks and lockers are the property of the school,and it is understood that they are the subject to thecontrol and right of inspection by administrators at alltimes. Such inspections should be conducted forschool purposes as detailed above, and not forpurposes of prosecution. For purposes of suchinspections, the contents of desks and lockers shall notbe considered the "persons, papers and effects" ofstudents which are protected hereunder.

The principal and the area associate superintendentare responsible for the implementation andmonitoring of this regulation.

AUGUSTA COUNTY SCHOOLS

Pupils

The Augusta County School Board realizes that theuse and abuse of drugs and alcohol by students hasbecome a local, state, and national problem andrecognizes that the local school system is responsiblefor maintaining an environment in which students areprotected from drugs and drug related activities.Therefore, in accordance with the Code of Virginia, theuse, possession, sale and/or distribution of drugs(except as medically prescribed), alcohol, and drugparaphernalia while on school property or whileinvolved in school activities is expressly prohibited.Behaviors which indicate evidence of prior use maywarrant an investigation and with reasonable cause beconsidered a violation of this policy.

The principal has the overall responsibility within theschool for the handling of substance abuse cases. Allreferrals concerning suspected substance abusewithin the school shall be made to the principal ordesignated assistant. The principal will investigate thesuspected policy violation. A conference will be heldwith the student and parent(s) or guardian(s) prior tomaking a final determination of a violation, giving thestudent and parent(s) or guardian(s) an opportunity torespond to the charge and to ensure due process. Allpenalties for violation of the substance abuse policywill be in effect from the day the violation isdetermined and may result in out-of-schoolsuspension and/or expulsion. Offenses which mayresult in criminal charges must be reportedimmediately to law enforcement and the AssistantSuperintendent for Administration using theSubstance Abuse Report Form.

The school administration reserves the right to searcha student's person or personal effects in the event ofreasonable suspicion of violation of this policy. Thebasis for reasonable suspicion could include, but not

be limited to, eyewitnesses testimony, informationwhich incriminates the student, and any otherindependent evidence. There is no expectation ofprivacy on or about school property. The regulationsthat apply to search and seizure will be in effect.

Definitions

Substance Abuse - The distribution, use, possession, orbeing under the influence of drugs, alcohol, or othercontrolled substances in violation of state or federallaw or in violation of School Board policy.

Evidence of Prior Use - Observable behaviors whichare commonly associated with substance abuse whichresult in impaired mental and physical abilities and/orare developmentally inappropriate. Examplesinclude, but are not limited to, slurred speech, dilatedpupils, staggering, uncontrollable behaviors,noticeable smell of alcohol, extreme lethargy,sleepiness, lack of coordination, etc.

Distribution - The selling, giving, or transferring ofdrugs, alcohol, or any other controlled substance.

Drug Paraphernalia Equipment or apparatusdesigned for or used for the purpose of measuring,packaging, distributing or facilitating the use of drugs.

CHOICE Program - A program with six drug educationclasses for parents and students held after hours.

Alcohol - Any liquor, wine, beer, wine-cooler or otherbeverage with alcoholic content.

Imitation Controlled Substance/ Look-alike - A pill,capsule, tablet, caplet, liquid, or any other substancein any form whatsoever which by overall appearancewould cause the likelihood that it would be mistakenfor a controlled substance.

Drugs - Controlled substances, including illegal drugs,inhalants, legal prescription and over-the-counterdrugs used or possessed or distributed forunauthorized purposes, and counterfeit (imitationcontrolled substances).

Procedures for suspected Drug and AlcoholAbuse Violations

Grades K-5

A teacher or other school employee who suspectsstudents of illegally distributing, possessing, or usingalcohol or other drugs, including anabolic steroids,must report that concern to the principal or hisdesignated assistant.

The principal should attempt to determine whetherthe student is:

(1) distributing drugs or alcohol(2) using drugs illegally(3) under the influence of drugsor alcohol (Evidence of prior use)(4) possessing illegal drugs or alcohol

PENALTIES FOR VIOLATIONS-First Offense

After a violation has been determined, the age of thechild and nature of offense will dictate the action takenby the school. The principal in conjunction with theAssistant Superintendent for Administration willdevelop a disciplinary plan. One or a combination ofthe following possible consequences may be includedbut the plan is no limited to these suggestions:

talk with DARE officerrefer to guidance counselorcomplete drug abuse packet(to be obtained from CentralOffice)assign public service work atschool (perform simple jobsat school)complete educational component(independent research paper)attend mandatory session withsubstance abuse counselor atparents expensereport to Child Protective Servicessuspend-in school and out-of-school

The principal will contact the parent(s) and/orguardian(s) and arrange a conference which includesa due process hearing. At this conference the parentswill be given two options.

Option I

The parent(s) and /or guardian(s) may accept the planas explained by the principal and agree to work withthe principal.

Option II

The student will be suspended out-of-school for fiveschool days. When a student is suspended fromschool, there is no opportunity to make up work and azero will be given for all expected work. The studentwill also be suspended for thirty days from extracurricular activities. (i.e. field trips, school programs)

When a parent chooses option II, the principal mustreport the decision for suspension to the AssistantSuperintendent for Administration.

Second OffenseThe student will be suspended from school for fivedays. When a student is suspended from school thereis no opportunity to make-up missed work and a zero isgiven for all expected work. A conference with theAssistant Superintendent for Administration isrequired during the suspension.

Grades 6-12

A teacher or other school employee who suspectsstudents of illegally distributing, possessing, or usingalcohol or other drugs, including anabolic steroids,must report that concern to the principal or hisdesignated assistant.

The principal should attempt to determine whetherthe student is:

(1) distributing drugs or alcohol(2) using drugs illegally(3) Under the influence of drugs or

alcohol (Evidence of prior use)(4) possessing illegal drugs, alcohol,

imitation controlled substance, or drugparaphernalia

PENALTIES FOR VIOLATION

Distributing Drugs or Alcohol

First OffenseWhen a student is found in violation of this section ofthe policy the principal will immediately conduct acomplete due process hearing with the student andparent(s) and/or guardian(s), suspend out-of-school forten days with a mandatory hearing before theDiscipline Committee, notify law enforcement andAssistant Superintendent for Administration. TheDiscipline Committee will determine the student'seducational future in Augusta County Schools. Anylegal actions taken will be in cooperation with the lawenforcement authorities.

Using Drugs Illegally, Under the influence ofdrugs or alcohol (evidence of prior use) and/orpossessing drugs or alcohol

First OffenseWhen a student is found in violation of this section ofthe policy the principal will immediately conduct acomplete due process hearing with the student andparent(s) and/or guardian(s) and suspend the studentout-of-school for three days. At this conference thestudent and parent(s) or guardian(s) will he given twooptions.

OPTION I

The student will be suspended for seven additionalschool days (total suspension ten days) and required toappear before the Augusta County DisciplineCommittee to determine under what conditions thestudent will be readmitted to school. The student willalso be suspended for thirty days from all extracurricular activities.

OPTION II

Following the required three day suspension thestudent and parent(s) or guardian(s) will attend sixconsecutive sessions of the CHOICE Program. Thestudent will also be suspended from all extra curricularactivities for ten school days. A conference will againbe held with the student, principal, and parent (s) orguardian(s) at the completion of the CHOICEprogram.

Any Subsequent Violation

When a student is found in violation of this section ofthe policy, the principal will immediately conduct acomplete due process hearing with the student andparent(s) and/or guardian(s), suspend out-of schoolfor ten days with a mandatory hearing before theDiscipline Committee with a recommendation forextended out-of-school suspension or expulsion, notifylaw enforcement and Assistant Superintendent forAdministration. The Discipline Committee willdetermine the student's educational future in AugustaCounty Schools. Any legal actions taken will be incooperation with the law enforcement authorities.

APPEAL PROCEDURES FOR GRADES K-12

A principal's decision concerning a substance abuseviolation may be appealed to the AssistantSuperintendent for Administration within three days.After review, a referral may be made to the AugustaCounty Discipline Committee if it appears that dueprocess has been violated.

Choice Program

The CHOICE Program is an alternative drugeducation program designed to educate first timeoffenders ONLY. This program consists of six classes,one every other Monday night dealing with substanceabuse education. If a student chooses to participatehe/she must attend these classes withparent/guardian. Classes are taught by a variety ofinstructors including legal representatives, inmatesfrom the Staunton Correctional Center and theircounselors, drug abuse counselors, psychologists, andtreatment center representatives.

ADMINISTRATIVE PROCEDURES FOR CHOICE

The principal will thoroughly explain the two optionsavailable for the policy violation. Within the threedays mandatory suspension, the student and parentsmust notify the principal of their decision. WhenCHOICE is selected, the principal will review thewritten agreement with the parent/guardian andstudent and complete the required documentsaccording to the directions enclosed in the CHOICEpacket.

Attendance will be kept for each class and rollsreturned to the appropriate principal. The rolls will bemaintained as confidential information. If the rollindicates that a student or parent/guardian has beenabsent from a class, the principal shall determinewhether or not the reason for the absence wasjustifiable and set an alternative date for make-up orvoid the agreement.

During the second semester, the CHOICE optionchanges for Seniors. Principals should refer to theannual memo concerning CHOICE dates for thesestudents.

The CHOICE agreement can be voided by theprincipal for disciplinary reasons or non-attendance atCHOICE. The decision to void the CHOICEAgreement may be appealed within ten days to theAugusta County Discipline Committee.

Use of TobaccoUse of tobacco products in any form by students isprohibited on school property or under schoolsupervision.

I. Students are not allowed to use tobacco onschool property .

2 Tobacco use is never permitted on schoolbuses.

3. Students are not permitted to use tobacco atany school-sponsored activity.

4. Student athletes, see Athletic Policy handbook,page 21, Policy 4.2-#4, and page 22, (Policy 4.3.

Appendix D

§ 19.2-83. Authority of police offic,Irs to stop, question and searchsuspicious persons. Any police officer may detain a person in a publicplace whom he reasonably suspects is committing, has committed or is aboutto commit a felony or possesses a concealed weapon in violation of § 18.2-308,and may require of such person his name and address. Provided further, thatsuch police officer may, if he reasonably believes that such person intends todo him bodily harm, search his person for a dangerous weapon, and if suchperson is found illegally to possess a dangerous weapon, the police officer shalltake possession of the same and dispose of it as is provided by law. (Code 1950,§ 19.1-1.0.2; 1970, c. 390; 1975, c. 495.)

18.2-322.1. Possession of beeper or similar communications devicein schools after request to leave; penalty. A. It shall be unlawful forany person in possession or control of a beeper or similar portable communica-tions device to remain in or upon the grounds of any public or privateelementary or secondary school after having been requested to leave bylawfully authorized school officials. Any person convicted of a violation of thissection shall be guilty of a Class 1 misdemeanor.

B. Any such school may promulgate rules and regulations prohibiting theuse of beepers and other such portable communications devices and establish-ing disciplinary procedures pursuant. to § 22.1-277 to which pupils violatingthis section shall be subject.

C. Any beeper or similar portable communications device possessed orcontrolled in violation of subsection A shall be subject to seizure by schoolofficials or law-enforcement officers and forfeiture in compliance with theprocedures of Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2 which shallapply, mutatis mutandis, to this subsection.

D. This section shall not apply to any school official, teacher, securityofficer, support employee, law-enforcement. officer or any other person whomay use or possess such devices For any lawful reason or in the performance ofhis duties in a legal trade or business or for medical necessity. (1989, c. 707.)

Appendix E

fi 18.2-255.2. 'Prohibiting the sale of drugs on or near certain proper-ties. A. It shall be unlawful for any person to manufacture, sell ordistribute or possess with intent to sell, give or distribute any controlledsubstance, imitation controlled substance or marijuana at any time whileupon the property, including buildings and grounds, of any public or privateelementary, secondary, or post secondary school, or any public or private two-year or four-year institution of higher education; (ii) upon public property orany property open to public use within 1,000 feet of such school property; (iii)on any school bus as defined in § 46.2-100; or (iv) upon the 'roperty, includingbuildings and grounds, of any publicly owned or publicly operated recreationor community center facility.

B. Violation of this section shall constitute a separate and distinct felony.Any person violating the provisions of this section shall, upon conviction, heimprisoned for a term of not less than one year nor more than five years andfined not more than $100,000. However, if such person proves that he soldsuch controlled substance or marijuana only as an accommodation to anotherindividual and not with intent to profit thereby from any considerationreceived or expected nor to induce the recipient. or intended recipient of thecontrolled substance or marijuana to use or become addicted to or dependentupon such controlled substance or marijuana, he shall be guilty of a Class 1misdemeanor.

C. If a person commits an act violating the provisions of this section, andthe same act also violates another provision of law that provides for penaltiesgreater than those provided for by this section, then nothing in this sectionshall prohibit or bar any prosecution or proceeding under that other provisionof law or the imposition of any penalties provided for thereby. (1982, c. 594;1989, cc. 619, 682, 709; 1990, cc. 617, 622; 1991, c. 268; 1991, Sp. Sess., c. 14.)

Appendix F

References

"Three SAP Organizational Models," Albert F. Borris, MA, CAC; Student AssistanceJournal, November/December, 1988, pp. 31-33.

Solving Alcohol/Drug Problems in Your School: Why Student Assistance ProgramsWork, Gary L. Anderson, The Johnson Institute, 1988.

"Introduction to Student Assistance Programs," Alcohol and Defense ProgramSubstance Abuse Intervention 10-Hour Training Module, North CarolinaDepartment of Public Instruction, Alcohol and Drug Defense Division, August, 1988.

The Michigan Guide to School Policies and Programs on Alcohol and Other Drugs,Michigan Department of Education in cooperation with the Michigan Office ofSubstance Abuse Services, 1990.

The Student Assistance Program: How It Works (Revised), Tom Griffin and RogerSvendsen, Hazelden Foundation, 1980, 1986.

"Drug-Free Workplace Requirements; Notice and Final Rules," Federal Register,Vol. 55, No. 102, Friday, May 25, 1990, pp. 21678 et. seq.

"Drug-Free Schools and Campuses; Final Regulations," 34 CFR Part 86, Vol. 55, No.159, Thursday, August 16, 1990, pp. 33580 et. seq.

The Right to Safe Schools: A Newly Recognized Inalienable Right, Kimberly A.Sawyer, The National School Safety Center, Pepperdine University, Malibu,California, Fifth Printing May, 1988.

Schools and Drugs: A Handbook for Parents and Educators, Joyce M. Tobias, R.N.,Panda Press, Annandale, Virginia, Second Edition, December, 1989.

Arresting the Demand for Drugs: Police and School Partnerships to Prevent DrugAbuse, William DeJong, Abt Associates Inc. for the National Institute of Justice, U.S.Department of Justice, November, 1987.

A Framework for Prevention: A Guide for Developing A Comprehensive SchoolPolicy Concerning Alcohol and Other Substances, The University of the State ofNew York and the New York State Education Department, 1991.

Acts of Violence and Crime by Students on School Property, House Document No.61, Report of the Joint Subcommittee to the Governor and General Assembly ofVirginia, 1991.

"Search and Seizure," Geoffrey R. Stone, University of Chicago, Crime File StudyGuide, National Institute of Justice monograph, NCJ 97232.