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Policy JICH
The South Portland Board of Education regards substance use in the schools or at school activities as a serious threat to student success in schools, and to preserving a safe and orderly school environment. The Board recognizes that substance use disorders are preceded by early use and misuse of substances and that adverse childhood experiences and behavioral health disorders put a young person at greater risk for substance use. Therefore, the Board believes coordinated prevention efforts should be implemented and system wide procedures established to deal with substance use in the South Portland Schools and students found using and in possession will be assessed by a behavioral health professional and evidenced-based intervention strategies will be recommended depending on the needs of the student. The goals of this policy are to create a safe, substance free environment conducive to learning, and to aid students in abstaining from the use of alcohol, tobacco, and other drugs. The policy provides for intervention when use is detected, provides support as appropriate and seeks to determine the best way for students to repair the harm they may have caused by their use.
The South Portland Board of Education regards the dispensing, distributing, or selling of substances by students in the schools or at school activities to be a substantial threat to student success in schools, and to preserve a safe and orderly school environment. While the Board recognizes students who dispense, distribute, or sell substances in school may also have a substance use problem or other behavioral health disorders that may require ongoing support, the Board regards dispensing, distributing, or selling substances to be a criminal act requiring student removal to preserve a safe school environment for all students. Students who are removed from school will also be given the opportunity for an assessment of their behavioral health needs, supports as appropriate and ways for students to repair the harm they may have caused by their actions.
Prevention: In order to create a safe and supportive environment, the district will provide prevention across grade levels with age appropriate messaging and materials as well as work with local prevention providers to increase the school community’s ability to prevent and reduce youth substance use.
Intervention: The School District is committed to finding the best response for the needs of the individual student found in possession or under the influence of a substance during or at school sponsored events. The School District provides assessment and restorative opportunities, assistance through school social workers and guidance counselors as well as access to community behavioral health professionals to intervene and counsel students involved in substance use. The goals of the interventions are to help students take accountability for their actions, build their skills and abilities to abide by the expectations set out in the School District Substance Use Policy and address any other behavioral health problems the student may be facing. Confidentiality of student information concerning issues with Prohibited Substances will be maintained in accordance with state and federal laws.
Prohibited Activities and Substances: Possession and Use: No student shall possess, use, or be under the influence of any alcoholic beverage, tobacco products of any kind, including e-cigarettes or vape devices, or any scheduled drugs or controlled substances defined in federal and state laws and regulations, or any substance that is represented to be a controlled substance. Nor shall a student purposefully use a prescribed or over-the-counter medication in a manner other than specified by the medication directions and for/by the intended person.
Dispense, distribute, or sell: No student shall dispense, distribute, or sell any alcoholic beverage, tobacco products of any kind, including e-cigarette or vape devices, or any scheduled drugs or controlled substances defined in federal and state laws and regulations, or any substance that is represented to be a controlled substance. Nor shall a student purposefully dispense, distribute, or sell a prescribed or over-the-counter medication in a manner other than specified by the medication directions and for/by the intended person.
Look-alikes: Any student attempting to possess, or use “look-alike” substances, counterfeit or imitation substances, will be held to the provisions of the Substance Use Policy as if they were actual substances. Any student participating in purchasing or accepting “look-alike” substances, or attempting to dispense, distribute, or sell “look-alike” substances, counterfeit or imitation substances, will be held to the provisions of the Substance Use Policy as if they were actual drugs.
Over-the-counter: Any student who has not given his/her prescription or over-the-counter medication to the school nurse or main office upon arriving to school may face disciplinary consequences as outlined in this policy.
Where policy applies: The South Portland substance use policy applies to any student who is on school property, who is in attendance at school or at any school-sponsored activity, or whose conduct at any time or place directly interferes with the operations, discipline or general welfare of the school.
Oversight of the policy: The Superintendent shall be responsible for the development of appropriate curricula, prevention strategies, rules and procedures to implement this policy. The policy and appropriate information shall be distributed to students and parents through means selected by the administration.
Policy Violations: Any violation of the policy will set off the administrative procedures outline in JICH R1 or R2, which can include a restorative conference, behavioral health assessment, in-school suspension or suspension from school at the appropriate discretion of the administration and the Board of Education. A student may also be referred to law enforcement for investigation.
Voluntary Referrals:
Students concerned about their own use or that of another student may seek the assistance of a school administrator, school social worker or guidance counselor. Voluntary referral will not lead to the administrative procedures if the student does not have a known policy violation.
Any staff member who has a concern or is approached by a student about issues related to student substance use shall refer students and notify a school social worker or guidance counselor.
Parents/guardians who have a concern about a student’s substance use may notify a school administrator, school social worker or guidance counselor. Parent/guardian referrals will not lead to the administrative procedures if the students does not have a known policy violation.
Legal Reference: 21 USC § 812 (Controlled Substances Act): 21 CFR Part 1300.11-15: Pub. L.No. 101-226 (Drug-Free Schools and Communities Act Amendments of 1989); 17-A M.R.S.A. § 1101; 41 USC § 290dd-2; 42 CFR § 2.1 et seq.; 20-A M.R.S.A. § 1001(9); 4008.
Cross Reference: JLC – Administering Medication to Students
JICH-R – Substance Use Policy Administrative Procedures
Adopted: August 10, 1987
Revised: June 14, 1993
Revised: April 10, 1995
Revised: August 11, 1997
Revised: May 10, 1999
Revised: July 8, 2002
Revised: March 2003
Revised: April 14, 2003
Revised: May 11, 2009
Revised: May 8, 2018
Revised: June 6, 2022
*Please excuse any formatting errors.
