Students are prohibited from possessing, using, being under the influence of, distributing, selling, or manufacturing beer, wine or other alcoholic beverages, controlled substances, paraphernalia for administering substances, or of “look alike” alcoholic or controlled substances while on school premises or vehicles, while they are participating in or attending District activities, and while they are away from school premises if the conduct directly affects the good order of the District. A student who leaves the school premises during his/her normal times of attendance will be considered as being in school for purposes of this policy.
This shall not apply to substances validly prescribed for the student by a licensed practitioner. However, students who fail to follow the District’s medication administration policy may be subject to discipline.
Students who are found to be in possession of or using or distributing tobacco products shall be subject to school disciplinary actions and may also be reported to law enforcement officials. This includes “look alike” substances that appear to be a tobacco/nicotine product. This includes but not limited to the following: cigarettes, dissolvable, spitless, cigars, snuff, snus, chewing, and e-cigarettes, pipes, and electronic smoking/vaping devices.
“Possessing” a substance or product shall mean the student has actual physical control of the substance or product because it is on or in the student’s body or clothing or personal belonging (such as in the student’s purse or bookbag), in the automobile used by the student, or in a locker individually assigned to the student. “Possessing” a substance or product also includes when a student knows a substance or product is present, and the student can exercise physical control over the substance or product.
Any student determined by the administration to be in possession of beer, wine or other alcoholic beverage, controlled substance, paraphernalia for administering substances, or of a “look alike” substance in violation of this policy shall be subject to the following sanctions:
First Offense:
1. Parents or guardians shall be notified by mail or telephone.
2. Law enforcement officials shall be notified.
3. The student shall be placed on a five-day out-of-school suspension.
4. Before re-admittance, a parent/guardian conference is required at which the parent/guardian must provide proof that the student has had a valid substance abuse evaluation, and that the student is participating in any recommended counseling or treatment.
5. Within thirty calendar days of re-admittance, the parent/guardian is required to provide proof that the student has successfully participated in any recommended counseling or treatment.
6. Failure to comply with items 1-5 will result in a recommendation for expulsion to the Board of Directors.
Second and Subsequent Offenses in the Same School Year:
1. Parents or guardians shall be notified by mail or telephone.
2. Law enforcement officials shall be notified.
3. The student shall be placed on out-of-school suspension pending a recommendation to the Board of Directors for expulsion.
The administration may modify these provisions for students receiving special education if the student’s behavior is found to have been a manifestation of a disability or for other good reason to comply with the IDEA.
A student will be deemed to have an intent to distribute or to sell beer, wine, or other alcoholic beverages, controlled substance, paraphernalia for administration of substances, or of a “look alike” substance if there is evidence that supports the findings that a student intended to distribute or sell, or if the student is found to be in possession of a quantity of a substance which is greater than a quantity used by an individual for personal consumption at one time in a single dose. (For example, if a student is found to be in possession of more than twenty four ounces of beer, or more than one gram of marijuana or look alike substance, or of more than two-tenths of one gram of a methamphetamine, the student shall be deemed to have the intent to distribute or sell the substance.)
Any student determined by the administration to have distributed, sold, or manufactured beer, wine or other alcoholic beverage, controlled substance, or of a “look alike” substance or deemed to have the intent to do so in violation of this policy shall be subject to the following sanctions:
1. Parents or guardians shall be notified by mail or telephone.
2. Law enforcement officials shall be notified.
3. The student shall be placed on out-of-school suspension pending a recommendation to the Board of Directors for expulsion.
The administration may modify these provisions for students receiving special education if the student’s behavior is found to have been a manifestation of a disability or for other good reason to comply with the IDEA.
- First Adoption:
- 2000-09-11
- Revision Adoption:
- January 7, 2007/ October 27, 2019
- Reviewed Dates:
- July 17, 2016/ November 14, 2021
- Legal Reference:
- 123.47B, Chapters 124 and 124A, 256B.6, 279.8, 279.9, 279.9B, 280.8, 280.14, 280.16, 280.21, 280.24, 280.25, 282.3, 282.4, 282.5, 285.10, Code of Iowa: 281 I.A.C. 12.3(4), 12.3(6), 12.5(13), 36.14(4), 36.15(1), 41.12(2), 41.15(1)