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Rockwood School District

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Student Alcohol and Drug Policy

The Board of Education's most important priority is the health, safety, and welfare of district students. Therefore, students may not possess, consume, use, transfer, sell, distribute, deliver, manufacture, produce or attempt to possess, consume, use, transfer, sell, distribute, deliver, manufacture or produce or possess with intent to transfer, sell, distribute, deliver, manufacture, or produce and/or be under the influence of alcoholic beverages, controlled substances, drugs, or other substances prohibited under this regulation, nor may they use, possess, sell, transfer, distribute, deliver, manufacture, produce or attempt to possess, consume, use, transfer, sell, distribute, deliver, manufacture or produce or possess with intent to transfer, sell, distribute, deliver, manufacture, or produce drug paraphernalia while on school property; in any school owned or operated vehicle or any other school approved vehicle being used to transport students to and from school activities; or while participating in any school sponsored or school approved activity, event, or function, including but not limited to field trips and athletic events, whether on or away from school property; or at any other time when students are under the care, custody, control and/or supervision of the district.

Definitions, Related Policies, Procedures

For purposes of this regulation, "controlled substance" shall include any controlled substance, counterfeit substance, or imitation controlled substance as defined in Chapter 195 RSMo.
“Drug paraphernalia” shall have the same meaning as that term is used in Chapter 195 RSMo.
All medications prescribed by an authorized prescriber, as well as all nonprescription medication shall be administered in accordance with Policy 2870: Administering Medications to Students.
The school administration or teacher shall have the right to conduct searches, as permitted by law applicable to public schools, of persons reasonably suspected to be in violation of this regulation at any time or location to which this regulation is applicable. Such searches shall be conducted in accordance with Policy 2150: Searches by School Personnel.

Any student who, after being given an opportunity to present his/her version of an alleged
violation of this regulation, is found by the administration and/or staff to be in violation of this regulation shall be subject to disciplinary action up to and including suspension, expulsion or other discipline as provided by Board policy, and shall be referred to law enforcement authorities. Strict compliance is mandatory. All controlled and any other illegal substances shall be turned over to the local law enforcement agency.

A student may be separately charged with attempting to engage in conduct constituting any violation listed in this section when, with the purpose of committing the violation, a student does any act which is a substantial step towards the commission of the offense. A "substantial step" is conduct which is strongly corroborative of the firmness of the student’s purpose to complete the infraction. It is no defense under this section that the infraction attempted was, under the actual attendant circumstances, factually or legally impossible of commission, if such violation could have been committed had the attendant circumstances been as the student believed them to be.

Alcohol and Drug Process and Prevention

The district, pursuant to the requirement of the 1989 amendments to the Drug-Free Schools and Communities Act, and for the purpose of preventing the use of illicit drugs, alcohol, and marijuana by students, shall provide age appropriate developmentally based drug and alcohol education and prevention programs to all students in all grades from early childhood level through grade 12. Such programs shall (a) inform students that drugs, alcohol. and marijuana are harmful and dangerous; (b) address the legal, social and health consequences of drug and alcohol, or marijuana use; and (c) provide information about effective techniques for resisting peer pressure to use illicit drugs, alcohol, or marijuana. The district shall provide information about any drug, alcohol, and marijuana counseling and rehabilitation and re-entry programs that are available to students. Students may be required to participate in such programs in order to avoid suspension or expulsion if they are found to be in violation of this regulation. All parents/guardians and students shall be provided with this information.

The district shall certify that it has adopted and implemented the drug prevention program described in this regulation in the form required by the Missouri Department of Elementary and Secondary Education or the United States Department of Education. The district shall conduct a biennial review of such program to determine its effectiveness, to implement necessary changes and to ensure that the disciplinary sanctions are consistently enforced.

Discipline

The Rockwood School District places safety as a top priority. Possession, use or transfer of alcohol, marijuana, cereal malt beverages and/or drugs or drug paraphernalia is inconsistent with the district's educational objectives and commitment to safety. To create a drug and alcohol free environment, the district will develop and maintain appropriate policy and procedures to address the areas of prevention, discipline and intervention.

General Prohibitions

Students may not possess, consume, use, transfer, sell, distribute, deliver, manufacture, produce or attempt to possess, manufacture or produce or possess with intent to transfer, sell, distribute, deliver, manufacture, or produce and/or be under the influence of alcoholic beverages, controlled substances, marijuana, drugs, or other substances prohibited under this regulation, including but not limited to, medical cannabis, CBD, nor may they use, possess, sell, transfer distribute, deliver, manufacture, produce or attempt to possess, consume, use, transfer, sell, distribute, deliver, manufacture or produce or possess with intent to transfer, sell, distribute, deliver, manufacture, or produce drug paraphernalia while on school property; in any school owned or operated vehicle or any other school approved vehicle being used to transport students to and from school activities; or while participating in any school sponsored or school approved activity, event, or function, including but not limited to, field trips and athletic events, whether on or away from school property; or at any other time when students are under the care, custody, control and/or supervision of the district.

Applicability of Prohibitions

The prohibitions set forth in this regulation does not include the possession and use of prescription medication by the student for whom the prescription was filled, so long as such possession and use conform to Policy 2870: Administering Medicines to Students.

The prohibitions also do not extend to ordinary, unadulterated, food or beverages (such as candy or soda) solely because they may contain substances (such as caffeine or sugar) otherwise prohibited under this regulation if such substances are used, possessed, or transferred in a different or more concentrated form (such as glucose or caffeine pills or tablets.)

The prohibitions set forth in this regulation do include but are not limited to all drugs, controlled substances, medical cannabis, narcotics, stimulants, depressants, hemp, THC-infused products (in any form, including, but not limited to gummies, edibles, etc.) and/or other prohibited substances that are in a form commonly associated with medication (whether prescription, non-prescription, controlled, over-the-counter, legal, and/or illegal), including but not limited to pills, capsules, tablets, and/or liquids, whether in diluted or concentrated form (such as glucose or caffeine pills). The purpose of this regulation is to prohibit the possession, use, consumption, transfer, and/or sale of all substances represented to be a controlled, prescription, or illegal, as well as substances that are inherently dangerous and/or unlawful.

Under the Influence/Possession of/or Possession of Related Paraphernalia

The possession, use, consumption, or attempt thereof, or being under the influence of alcohol, marijuana, controlled substances, narcotics, counterfeit or imitation drugs, depressants, stimulants, hallucinogens, or other substances identified under this policy and the possession and/or use or attempt thereof, of drug paraphernalia at any time or location to which this regulation is applicable is expressly prohibited.

Students who possess or attempt to possess any substance prohibited under this regulation, or who in the judgment of the administration and/or staff, show evidence of use, consumption, or being under the influence of alcohol, marijuana, cereal malt beverage, or any other drug or substance prohibited under this regulation, may be suspended for a maximum of ten (10) days by the principal. A recommendation may be made to the superintendent/designee for additional days, up to and including expulsion. The matter may also be referred to the appropriate legal authorities. The suspension may be limited to 10 days if the student has an intake assessment conducted at an approved resource agency and provides the school a written report of that assessment.

Selling or Distributing or the Intent to Sell or Distribute Alcohol, Marijuana Controlled Substances, Drugs and Related Paraphernalia

Any student who sells and/or transfers, distributes, delivers, manufactures, produces or attempts to sell, transfer, distribute, deliver, manufacture or produce or possesses with the intent to distribute, deliver, manufacture, or produce alcohol, marijuana, cereal malt beverage, drugs, controlled substances, drug paraphernalia, narcotics, counterfeit drugs, over-the-counter medications, depressants, stimulants or hallucinogens of any type at any time or location to which this regulation is applicable may be charged with violating this Regulation.

Students involved in such activity will receive a 10 day out-of-school suspension and referral to the superintendent for additional days of suspension of one hundred seventy (170) school days. A recommendation may be made to the Board of Education for consideration for expulsion from school (further attendance will not be allowed at any district school), and the matter will be referred to law enforcement authorities.

However, a student who sells or transfers an over-the-counter medication (including but not limited to substances such as Tylenol, Midol, Advil, cold remedies, glucose or caffeine pills, etc.) and who does not represent that the over-the-counter medication is a substance otherwise prohibited under this policy or any substance other than the actual medication may be placed in long-term in-school suspension (ISS). Such option shall depend upon the nature and severity of the misconduct at issue, as well as any prior misconduct. In the event the student is offered and the parent accepts enrollment in the ISS, the student will not be recommended for expulsion. Acceptance of such enrollment shall also constitute a waiver of the student's right to a hearing before the Board of Education regarding any long-term suspension (suspension of more than ten (10) days) that may have been imposed in connection with the transfer of the over-the-counter medication.

The administration will discuss any proposed suspension under the Student Drug and Alcohol Policy with the superintendent/designee.