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Policy 417 - Chemical Use and Abuse

I. PURPOSE

The school board recognizes that chemical use and abuse constitutes a grave threat to the physical and mental well-being of students and employees and significantly impedes the learning process. Chemical use and abuse also creates significant problems for society in general. The school board believes that the public school has a role in education, intervention, and prevention of chemical use and abuse. The purpose of this policy is to assist the school district in its goal to prevent chemical use and abuse by providing procedures for education and intervention.

II. GENERAL STATEMENT OF POLICY

A. Use or possession of controlled substances, toxic substance, medical cannabis, and alcohol before, during, or after school hours, at school or in any other school location, is prohibited in the school setting in accordance with school district policies with respect to a Drug-Free Workplace/Drug-Free School.

B. The school district shall develop, implement, and evaluate comprehensive programs and activities that foster safe, healthy, supportive, and drug-free environments that support student academic achievement.Every school that participates in a school district chemical abuse program shall establish a chemical abuse pre assessment team. The team is responsible for addressing reports of chemical abuse problems and making recommendations for appropriate responses to the individual reported cases.

C. The school district shall establish a drug-free awareness program for its employees.

III. DEFINITIONS
  1. “Chemical abuse,” as applied to students, 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 minor’s normal function in academic, school, or social activities is chronically impaired.
  2. “Controlled substances,” as applied to the chemical abuse assessment of students, means a drug substance or immediate precursor in Schedules I through V of Minnesota Statutes section 152.02 and “marijuana” as defined in Minnesota Statutes section 152.01, subdivision 9. but not distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. As otherwise defined in this policy, “controlled substances” include narcotic drugs, hallucinogenic drugs, amphetamines, barbiturates, marijuana, anabolic steroids, or any other controlled substances as defined in Schedules I through V of the Controlled Substances Act, 21 United States Code section 812, including analogues and look-alike drugs.
  3. “Drug prevention” means prevention, early intervention, rehabilitation referral, recovery support services, or education related to the illegal use of drugs, such as raising awareness about the consequences of drug use that are evidence based.
  4. “Teacher” means all persons employed in a public school or education district or by a service cooperative as members of the instructional, supervisory, and support staff including superintendents, principals, supervisors, secondary vocational and other classroom teachers, librarians, counselors, school psychologists, school nurses, school social workers, audio-visual directors and coordinators, recreation personnel, media generalists, media supervisors, and speech therapists.
IV. STUDENTS
  1. Districtwide School Discipline Policy
    Procedures for detecting and addressing chemical abuse problems of a student while on school premises are included in the districtwide school student discipline policy.
  2. Programs and Activities
    1. The school district shall develop, implement, and evaluate comprehensive programs and activities that foster safe, healthy, supportive, and drug-free environments that support student academic achievements. The programs and activities may include, among other programs and activities, drug prevention activities and programs that may be evidence based, including programs to educate students against the use of alcohol, tobacco, marijuana, smokeless tobacco products, and electronic cigarettes.
    2. As part of the drug-free programs, the school district may implement the drug abuse resistance education program (DARE) that enables peace officers to undergo the training to teach a curriculum on drug abuse resistance in schools.
    3. 3. Each school shall have activities that involve families, community sectors (which may include appropriately trained seniors),
V. EMPLOYEES

A. The superintendent or designee shall undertake and maintain a drug-free awareness and prevention program to inform employees, students and others about:

1. The dangers and health risks of chemical abuse in the workplace/school.

2. The school district’s drug-free workplace/drug-free school policy.

3. Any available drug or alcohol counseling, treatment, rehabilitation, re-entry and/or assistance programs available to employees and/or students.

4. The penalties that may be imposed on employees for drug abuse violations.

B. The superintendent or designee shall notify any federal granting agency required to be notified under the Drug-Free Workplace Act of 1988 within ten (10) days after receiving notice of a conviction of an employee for a criminal drug statute violation occurring in the workplace. To facilitate the giving of such notice, any employee aware of such a conviction shall report the same to the superintendent.

Legal References:

  • Minn. Stat. § 121A.25-121A.29 (Chemical Abuse)
  • Minn. Stat. §121A.40-121A.56 (Pupil Fair Dismissal Act)
  • Minn. Stat. §144.343 (Pregnancy, Venereal Disease, Alcohol or Drug Abuse, Abortion)
  • Minn. Stat. § 152.22 (Medical Cannabis; Definitions)
  • Minn. Stat. § 152.23 (Medical Cannabis; Limitations)
  • 41 U.S.C. §§ 8101-8106 (Drug-Free Workplace Act of 1988)
  • 20 U.S.C. §§ 7101-7144 (Safe and Drug-Free Schools and Communities Act of 1994)
  • 34 C.F.R. Part 85 (Government-wide Requirements for Drug-Free Workplace)

Cross Reference:

  • MSBA/MASA Policy 416 (Drug and Alcohol Testing)
  • MSBA/MASA Policy 418 (Drug-Free Workplace/Drug Free School
  • MSBA/MASA Policy 502 (Search of Student Lockers, Desks, Personal Possessions, and Student's Person)
  • MSBA/MASA Policy 506 (Student Discipline)
  • MSBA/MASA Policy 527 (Student Motor Vehicles; Use; Parking: Search)

Adopted: April 28, 1987
Revised: May 25, 1993
Revised: June 13, 1995
Revised: August 27, 1996
Revised: September 9, 1997
Revised: June 25, 2002
Revised: May 11, 2004
Revised: June 25, 2013
Revised: May 19, 2015
Revised: April 16, 2017
Revised: February 6, 2018
Reviewed: May 18, 2021