541 Procedure: Chemical Use/Abuse

I.    DEFINITIONS

A.    Chemicals

Chemicals include but are not limited to alcohol, toxic substances, medical cannabis, nonintoxicating cannabinoid, edible cannabinoid products, and controlled substances as defined in the school district’s Drug-Free Workplace/Drug-Free School policy.

B.    Use

Use is defined as drinking, sniffing, smoking, swallowing, chewing, injecting, or otherwise absorbing into the body such illegal or mood-altering substances. Hereinafter, the term chemical(s) or chemical substances(s) will refer to all the prohibited substances defined in this paragraph A.

C.    Chemical Abuse

Chemical abuse means use of any psychoactive or mood-altering chemical substance, without compelling medical reason, in a manner that induces mental, emotional, or physical impairment and causes socially dysfunctional or socially disordering behavior, to the extent that the student’s normal function in academic, school, or social activities is chronically impaired.

D.    Paraphernalia

Paraphernalia is defined as equipment, products, and materials of any kind which are knowingly or intentionally used primarily in manufacturing a controlled substance or injecting, ingesting, inhaling, or otherwise introducing a controlled substance into the human body (M.S. 152.01 – Definitions and Schedules of Controlled Substances).  It is unlawful for any person knowingly or intentionally to use, possess or manufacture drug paraphernalia (M.S. 152.01, Subd. 18 – Drug Paraphernalia).

II.    PREVENTION

A.    Prevention

Prevention will be directed toward providing students with information and experiences which will prepare them to make responsible decisions regarding chemical use, including:

1.     Pharmacological information appropriate to the students' age and development which includes potential social, legal, psychological, and physical effects of chemicals.

2.     Understanding peer pressures and other influences upon students’ lives.

3.     Understanding the effects of emotions and stress in students' lives and learning appropriate coping skills.

B.    Curriculum

Curriculum areas which are related to prevention of chemical use/abuse will be reviewed periodically in accordance with the District’s Program Improvement Plan to determine if the content is appropriate and current for its intended students.

1.     Units of instruction will be developed in the Health, and Guidance and Counseling curricula which deal with content appropriate to that area.

2.     The two curricular areas identified in II.B,1 are not to be considered as being exclusive in the study of chemical use/abuse.

3.     The District must provide vaping prevention instruction at least once to students in grades 6 through 8.

III.    STAFF RESPONSIBILITY FOR REPORTING

A.    Staff who know or have reason to believe that a student is or will be using, possessing, or transferring alcohol or a controlled substance while on the school premises or involved in school-related activities, will immediately notify a member of the school’s chemical abuse pre-assessment team of this information.

IV.    PRE-ASSESSMENT TEAM (STUDENT ASSISTANCE TEAM) SERVICES

A.    Pre-assessment services will be available to students to help them with their concerns about chemicals and problems related to chemical use.

B.    Every school will have a chemical abuse pre-assessment team. The team will be composed of classroom teachers, administrators and other appropriate professional staff to the extent they exist in each school, such as the school nurse, school counselor or psychologist, social worker, chemical abuse specialist, or others.

C.    The team is responsible for addressing reports of chemical abuse problems and making recommendations for appropriate responses to individual reported cases from the school and law enforcement.

D.    When a community violation has occurred, law enforcement is required to provide information about the violation to the Student Assistance/Pre-Assessment team. This notice must be provided to the team within two weeks after the incident occurs and then the data are handled in accordance with M.S. 121A.26, 121.29 and Policy 515 – Protection and Privacy of Education Records.

E.     Within forty-five days after receiving an individual reported case, the team will make a determination whether to provide the student and, in the case of a minor, the student’s parents with information about school and community services in connection with chemical abuse.

F.     If the team decides not to provide a student and, in the case of a minor, the student’s parents with information about school or community services in connection with chemical abuse, records created or maintained by the team about the student must be destroyed not later than six months after the determination is made.
If the team decides to provide a student and, in the case of a minor, the student's parents with information about school or community services in connection with chemical abuse, records created or maintained by the team about the student must be destroyed not later than six months after the student is no longer enrolled in the district.

V.    STUDENTS VIOLATING THE POLICY MAY HAVE CONSEQUENCES SUBJECT TO POLICY 506 – STUDENT DISCIPLINE AND DISTRICT PRACTICES

VI.    PROVISION OF SUPPORT SERVICES FOR STUDENTS IN TREATMENT AND RETURNING FROM TREATMENT

The school will support a student returning from treatment for chemical abuse and other problems by:

A.    Cooperating with the treatment facility by providing information necessary to enable the facility to plan for the student's educational needs.

B.    Assigning school credit for work completed during the treatment experience.

C.    Formulating a school plan which will consider alternatives which best suit the student's needs and provides support as needed.

Legal References
Federal Drug Free Schools and Communities Act
M.S. 152.01 – Definitions and Schedules Controlled Substances
M.S. 152.01, Subd. 18 – Drug Paraphernalia
M.S. 121A.26, M.S. 121A.8, M.S. 121A.29

Cross References
Policy 502 – Search of Student Lockers, Desks, Personal Possessions and Student’s Person
Policy 515 – Protection and Privacy of Student Records
Policy 506 – Student Discipline
Policy 516 – Student Medication