File:  JICH-R

NOTE:  While Colorado school boards are not required by law to adopt a regulation on this subject, some content in this sample reflects legal requirements school districts must follow. This sample contains the content/language that CASB believes best meets the intent of the law. However, the board should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

Drug and Alcohol Involvement by Students

In accordance with the accompanying policy, the following procedures are established for addressing alcohol- or drug-related misconduct. These procedures will supplement and complement authority conferred elsewhere by Board policy and will not be deemed to limit or suspend such other authority.

Use

1.  When a student is suspected of use, the person having the suspicion shall notify the principal or designee. Notification must include reasons for such suspicion (observed use, unusual behavior, etc.). The principal or designee will conduct a check of the suspected student and collect data. This action shall comply with the Board policy on investigations and searches.

a.  If information is not sufficient to warrant further action, the principal or designee may have a personal conference with the student expressing awareness and concern.

b.  If information warrants, the student's parent/guardian will be requested to attend a conference at school. The conference may include sharing the data collected, explaining consequences of involvement with drugs/alcohol, developing a plan of action, and offering the student's parent or guardian general information and resources related to substance abuse.

2.  When necessary, emergency health and safety care will be provided and any procedural or disciplinary issues postponed until the student's immediate needs are treated.

Possession, distribution and exchange

Students who possess or are involved in any distribution or exchange of alcohol, drugs, other controlled substances or drug-containing or drug-related paraphernalia in violation of Board policy will be handled in the following manner:

1.  A staff member who comes in contact with evidence and/or contraband shall notify the principal or designee as soon as possible.

2.  A staff member who has reasonable cause to believe that a student possesses or is involved in any distribution or exchange of alcohol, any controlled substance or drug-containing or drug-related paraphernalia in violation of Board policy will request that the student accompany him or her to the principal or designee. If the student refuses, the staff member will notify the principal or designee as soon as possible.

3.  The principal or designee will undertake investigation and search procedures in accordance with Board policy.

4.  The principal or designee will place any evidence in an envelope or alternative container as necessary which will be sealed, dated and initialed by the individual who originally obtained the materials and by the principal or designee. The evidence then will be placed in the school safe or other secure location.

5.  The principal or designee shall refer the student to appropriate law enforcement officials in accordance with applicable law. A mutual decision will be made as to retention of the contraband by the school or testing by the authorities.

6.  If information warrants, the student's parent/guardian will be requested to attend a conference at school. The conference may include sharing the data collected, explaining consequences of involvement with drugs/alcohol, developing a plan of action, and offering the parent or guardian general information and resources related to substance abuse.

NOTE:  If the Board chooses option 1 in the accompanying policy, i.e. that student discipline for policy violations shall be in accordance with the Board policy concerning students suspensions, expulsions and other disciplinary interventions, the Board should omit the following section regarding sanctions and interventions. If the Board chooses Option 2 in the accompanying policy, i.e. that student discipline for policy violations shall be in accordance with this regulation, the Board should include a section on sanctions and interventions here. The following is a suggested approach.

Sanctions and interventions

Students are subject to disciplinary action up to and including suspension and expulsion for any single violation of the accompanying policy. Offenses and consequences for violations of the accompanying policy shall be cumulative for three calendar years. Offenses confirmed from schools prior to the student's enrollment in the district may count toward the cumulative total.

Possession, use and/or being under the influence

First offense

1.  The student will be suspended from school for three days.

2.  A parent conference will be held.

3.  The principal or designee will attempt to develop with the student's parent/guardian and student a plan that will outline the responsibilities of the parent/guardian, the student and the school in an effort to prevent further offenses from occurring.

4.  The principal or designee may recommend additional suspension and/or expulsion depending on the severity of the case.

Second offense

1.  The student will be suspended from school for five days.

2.  The principal or designee may recommend additional suspension and/or expulsion depending on the severity of the case.

Third offense

1.  The student will be suspended for 10 days and recommended for expulsion.

2.  Alternatively, the expulsion may be waived and a suspension of no less than five days shall be imposed if the student agrees to complete an approved education/counseling/treatment program mutually agreed to by the student's parent/guardian and the principal or designee. The student and student's parent/guardian shall be responsible for the program's completion and its costs. Failure to provide documentation of completion of the program within the required time limits shall result in the imposition of the full expulsion period initially recommended.

3.  The principal or designee may determine that the alternative to suspension is not appropriate.

4.  Students who complete the approved education/counseling/treatment program shall be expelled for subsequent offenses of the Board's policy regarding student involvement with drugs and alcohol.

Purchase, sale, distribution and exchange

First offense

1.  The student will be suspended for 10 days and recommended for expulsion.

2.  Alternatives to expulsion may be considered by the principal or designee.

Second offense

1.  The student will be suspended for 10 days and recommended for expulsion upon the second offense and all subsequent offenses within any three-year period.

(Approval date)

[Revised June 2017]

COLORADO SAMPLE REGULATION 1990©