NEBO POLICIES AND PROCEDURES  ON

STUDENT USE  OF

TOBACCO, ALCOHOL, AND

OTHER DRUGS

STATEMENT OF INTENT

The Nebo School District Board of Education recognizes that the use, possession, distribution or sale of tobacco, alcohol, drugs, and/or other similarly hazardous substances, or drug paraphernalia constitutes a hazard to the welfare of students and faculty, and is illegal under the laws of the State of Utah.  It is the Board's responsibility to adopt policies and procedures which will minimize the hazard caused by the presence of these substances or devices in the schools or at any school‑sponsored functions.

The Board believes that tobacco, alcohol, and drug primary prevention programs are effective in providing students with the opportunity to build social skills and enhancing self concepts. as well as providing information on the harmful effects of tobacco, alcohol and drugs.  Prevention curricula can assist students with the necessary skills needed for decision‑making( toward a more healthy lifestyle, including the prevention of misuse and abuse of tobacco, alcohol and other drugs).

The Board supports programs that coordinate the cooperation between school and parent in attempting to prevent problems of drug abuse and supports programs that assist parents in seeking outside professional help from public or private educational and rehabilitative programs.

STATEMENT OF ALCOHOL AND DRUG POLICY

Nebo School District prohibits any unauthorized student use, possession, sale or distribution of alcohol, controlled substances, imitation controlled substances, and/or similarly harmful substances, or drug paraphernalia.  These actions are prohibited in any school building, or on  any other property owned or operated by the District, or at any school‑sponsored activity, or in any vehicle dispatched by the District to transport students to or from an activity.  These prohibitions apply whether or not the actions occur during regular school hours.

DEFINITIONS

The words "use", "possession", "sale", "distribution", "alcohol", "drugs", "controlled

substances", and "imitation controlled substances", shall have the meanings ascribed to them in the Utah Controlled Substances Act, the Utah Drug Paraphernalia Act. the Imitation Controlled Substances Act, and the Alcoholic Beverage Control Act or any successor acts thereto of the Utah Code.  The word "parents" means natural parents, foster parents, or legal guardians.  The words "other similarly harmful substances" mean substances such as inhalants and/or inappropriate use of prescription or over‑the‑counter drugs.

PROCEDURES FOR POLICY IMPLEMENTATION

DISCIPLINARY ACTION FOR VIOLATION OF ALCOHOL AND DRUG POLICY: USE OR POSSESSION

Disciplinary action, independent of any court action, will be taken by the School District in cases involving the illegal use or possession of alcohol, controlled substances, imitation controlled substances, and/or other similarly harmful substances, or possession of drug paraphernalia.  Students will be subject to immediate suspension or possible expulsion for violation of  the policy.

Any disciplinary action will follow the District's due process procedures for students.

FIRST VIOLATION OF ALCOHOL AND DRUG POLICY:  USE OR POSSESSION

Procedures:  A student shall be suspended from school for up to ten days.

The principal or designee, during the suspension period, shall:

a.  notify the parents;

a.  notify the appropriate law enforcement agency and provide the agency  with all confiscated evidence and information;

c.  schedule a parent conference during the suspension period; and

d.  refer the student and parent to the Risk Alternative Program.

The student shall:

a.  sign a non‑use contract with the parent and principal designee;

b.  reveal source of material associated with this violation;

c.  complete the district Risk Alternative Program;  and

d.  not participate in school sponsored activities until any suspension has been removed.

Failure of the student to comply with any of the above will result in referral to the Board for expulsion as outlined under procedures for those involved in a second violation.

SECOND VIOLATION OF ALCOHOL AND DRUG POLICY:  USE OR POSSESSION

Procedures:  A student will be suspended from school and be referred to the Board for

expulsion for 90 school days.

The principal or designee:

a.  shall notify the parents;

b.  shall notify the appropriate law enforcement agency and provide the agency  with all confiscated evidence and information; and

c.  follow the District suspension guidelines and refer the student and parent to a second Risk Alternative Program..

The student:

a.  shall meet with the school counselor and explore educational options available during the expulsion period; and


b.  shall not participate in school‑sponsored activities until he/she has been reinstated by the Board; and    c  .shall complete, along with the parent, the Risk Alternative Program a second time.

Reinstatement:

If the student desires to return to school before the 90 day suspension is completed, the only option is to complete the Risk Alternative Program a second time in a satisfactory manner.

If a student desires to return to school after 90 school days, he/she must petition the Board and show evidence that he/she has done the following:

a.  the student shall participate in a formal alcohol and/or drug assessment  with  the cost of the assessment assumed by the parent.  (For no‑cost options, check with school counselor);

b.  the student shall show evidence of having completed a treatment program with a licensed individual or agency with the cost of the alternative treatment program assumed by the parent.  (for no‑cost options, check with school counselor); and

c.  the student shall show evidence that he/she revealed source of material associated with the violation.

THIRD VIOLATION OF ALCOHOL AND DRUG POLICY: USE OR POSSESSION

Procedure: The student shall be referred to the Board for permanent expulsion from school.

The principal or designee:

a.  shall notify the parents; and

b.  Shall notify the appropriate law enforcement agency and provide the agency with all confiscated evidence and information.

FIRST VIOLATION O0F ALCOHOL AND DRUG POLICY:  SALE OR DISTRIBUTION

Procedures:  A student shall be suspended from school and referred to the Board for expulsion for 90 school days.

The principal or designee:

a. shall notify the parents.

b. shall notify the appropriate law enforcement agency with all confiscated evidence and information.

The student:

a.  shall meet with the school counselor and explore educational options available during the expulsion period; and

b.  .shall not participate in school‑sponsored activities until he/she has been reinstated by the Board.

Reinstatement:

If a student desires to return to school after 90 school days, he/she must petition the Board and show evidence that he/she has done the following:

a.  the student shall participate in a formal alcohol and/or drug assessment  with the cost of the assessment assumed by the parent. (For no‑cost options, check with school counselor); and

b.  the student shall show evidence of having completed a treatment program with a licensed individual or agency with the cost of the alternative treatment program assumed by the parent. (For no‑cost options, check with school counselor);

c.  the student shall show evidence that he/she has revealed the source of material associate with the violation..

SECOND VIOLATION OF ALCOHOL AND DRUG POLICY: SALE OR

DISTRIBUTION

Procedure:  The student shall be referred to the Board for permanent expulsion from school.

The principal or designee:

a.  shall notify the parents; and

b.   shall notify the appropriate law enforcement agency and provide the agency with all confiscated evidence and information.

RECORDS OF VIOLATION

Policy violations are cumulative grades K‑12.  The records of clearly substantiated violations of this policy noting date, type of violation, and disciplinary action taken will be kept at the local school in the student's record.  Previous records of violations concerning tobacco, alcohol and/or drug policies from previous schools will be taken into account before transferring student is officially enrolled in Nebo School District.

STATEMENT OF TOBACCO POLICY

Nebo School District prohibits any unauthorized student use, possession, sale, or distribution of tobacco/alcohol products.  These actions are prohibited in any school building, or any other property owned or operated by the District, or at any school sponsored activity, or in any vehicle dispatched by the District to transport students to or from an activity.  These prohibitions apply whether or not the actions occur during regular school hours.

Definitions

The word "tobacco" shall include cigarettes, cigars, pipes, smokeless or other tobacco products in any form.  The word "parents" means natural parents, foster parents, or legal guardians.

PROCEDURES FOR POLICY IMPLEMENTATION

   DISCIPLINARY ACTION FOR VIOLATION OF TOBACCO POLICY:

Disciplinary action, independent of any court action, will be taken by the School District in cases involving the use, possession, sale, or distribution of tobacco/tobacco products.  Students will be subject to suspension, or possible expulsion for violation of this policy.

FIRST VIOLATION OF THE TOBACCO POLICY

Procedures:  The principal or designee shall:

            a.  notify the parents;

b.  submit a court referral; and

c.  schedule a parent conference.

The student shall sign a non‑use contract with the parent and principal or designee.  Failure of the student to sign the non‑use contract will result in suspension as outlined under procedures for "Second Violation of the Tobacco Policy."

SECOND VIOLATION OF THE TOBACCO POLICY

Procedures:  A student shall be suspended from school for up to ten days.

The principal or designee, during the suspension, shall:

            a.   notify the parents;

b.   submit a court referral;

c.   schedule a parent conference during the suspension period; and

d.   refer the student to the Tobacco Cessation Program..

Failure of the student to comply with any of the above will result in referral to the Board for expulsion as outlined under procedures for those involved in a third violation.

THIRD VIOLATION OF THE TOBACCO POLICY

Procedure:  A student shall be suspended from school and referred to the Board for expulsion for 90 school days.

The principal or designee shall:

a.  notify the parents;

b.  submit a court referral; and

c.  refer student to the Tobacco Cessation Program a second time.  Parent involvement is mandatory.

The student shall:

a.  meet with the school counselor and explore educational options

available during the expulsion period;

b.  not participate in school sponsored actrivities until he/she has been

             reinstated by the Board.       

c.  successfully complete the Tobacco Cessation Program a second time.

Reinstatement:

If the student desires to return to school before the 90 day suspension is completed, the only option is to complete the Tobacco Cessation Program a second time in a satisfactory manner.

If a student desires to return to school after 90 school days, he/she must petition the Board and show evidence of having completed a tobacco cessation program with the cost of the program assumed by the parents.  (For no‑cost options, see addendum..)

FOURTH VIOLATION OF TOBACCO POLICY

Procedures: The student shall be referred to the Board for permanent expulsion from school.

The principal or designee shall:

a.  submit a court referral; and

b.  notify the parents.

RECORDS OF VIOLATION

Policy violations are cumulative grades K‑12.  The records of clearly substantiated violations of this policy noting date, type of violation, and disciplinary action taken will be kept at the local school in the student's record.  Previous records of violation concerning tobacco, alcohol, and/or drug policies from previous schools will be taken into account before transferring student is officially enrolled in Nebo School District.

STUDENT SELF‑REFERRAL

If a student is self‑referred concerning a tobacco, alcohol  or drug problem, the District will provide a conference with the school Designated Educator and/or the school intervention team staff to discuss possible resources for assistance.

Addendum

For chemical dependent assessment evaluations, outpatient counseling, inpatient/residential treatment and other therapeutic services, please talk to the counselor at the school.  The counselor will have a complete list of places where services are offered along with the cost for those services.

 SAFE ENVIRONMENT

The board recognizes a responsibility to provide a safe environment where students and employees are free from unlawful and violent acts.

The Nebo School District Board of Education will not tolerate acts of violence, threatened acts of violence, use or possession of a weapon, hazing, assaultive, demeaning or criminal behavior, gang activity in or about Nebo District schools, school grounds, school activities including transportation.

A student may be suspended, expelled or Board released from school when the Administration has determined that he/she represents a threat to the health and/or safety of other students and/or employees by:

A.        Possessing, using, threatening to use, selling or attempting to sell any firearm, facsimile of a weapon, knife, explosive, chemical/weapon/device, martial arts weapon or other dangerous object.  A student who is found to have brought a weapon (as defined under section 921 of title 18, United States Code), to school or to a school-supervised activity or to be in possession of such a weapon while at school or when involved in any school-supervised activity, or who threatened the use of a weapon at school or in connection with any school-supervised activity, shall be expelled from school for a period of not less than one year.  The Superintendent or the SuperintendentÕs designee may modify the expulsion requirement for a student on a case-by -case basis.

B.        Causing or attempting, or threatening to cause personal harm, damage to either personal or school property and/or disrupting school activities or transportation.  Such actions include but are not limited to the following:

(1)      Arson ‑ The willful and malicious burning of any part of a building or its contents.

(2)      Burglary ‑ Breaking, entering, or remaining in a structure without

justification during the hours where premises are closed to the public.

(3)      Stealing/Larceny ‑ The intentional unlawful taking and/or carrying

away of property belonging to or in the lawful possession or custody of another.

(4)      Battery/Fighting ‑ The unlawful and intentional touching or striking of a District employee/volunteer/student against his/her will with the intention of  causing bodily harm to that individual.  The encouragement to do so would also constitute battery.

(5)      Criminal Mischief ‑ Vandalism, graffiti or destruction of school property or the property of others.

(6)      Intimidation ‑ Engaging in behavior that prevents or discourages

another student from exercising his/her right to education through

threats, coercion or force.

(7)      Verbal Abuse ‑ Using harassing, vulgar, or derogatory remarks toward another student, school employee, or volunteer.

C.        Gang  signing, wearing of bandannas, headgear, chains, or any article of clothing or jewelry bearing any gang symbols, names, initials, insignia, or anything else which signals gang affiliation and/or is worn for the purpose of signifying gang membership.

D.        Involvement in illegal activities, disrupting normal school proceedings, or inciting other students to disrupt school proceedings.

E.             Bringing pagers and cellular phones to school.  Exceptions to the must be approved by the administration.

F.             Bringing laser lights and laser pointers to school, to school functions and activities or on any district vehicle being used to transport students.  Exceptions to the must be approved by the administration.

No student, classified as disabled under the provisions of the Individuals With Disabilities Education Act (IDEA), or Section 504 of the Rehabilitation Act of 1973, shall be suspended or released from school under this policy where the misconduct is a manifestation of that student's disability.