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3513.4 BP Board Policy

Drug And Alcohol Free Schools

The Governing Board recognizes the need to keep district schools free of drugs and alcohol in order to create a safe and healthy environment conducive to learning and promote student health and well-being. The Board prohibits the possession, use, or sale of drugs and alcohol at any time in district-owned or leased buildings, on district property, and in district vehicles, unless otherwise permitted by law. Gift giving or fundraising events on district property may include closed and sealed alcoholic beverages not to be consumed on campus. The following substances are prohibited on all district property: - Any substance which may not lawfully be possessed, used, or sold in California - Cannabis or cannabis products (Health and Safety Code 11362.3; 21 USC 812, 844) - Alcoholic beverages, unless approved by the Superintendent or designee for limited purposes specified in Business and Professions Code 25608 or as noted above. Prescription medication, except for prescribed cannabis, may be administered at school in accordance with law, district policy and regulations, and written statements by the parent/guardian and the student's authorized health care provider as applicable. Information about the district's drug- and alcohol-free schools policy and the consequences for violations shall be communicated clearly to employees, parents/guardians, students, and the community. Enforcement/Discipline The Superintendent or designee shall take appropriate action to eliminate the possession, use, or sale of alcohol and other drugs and related paraphernalia in district facilities, on district property, in district vehicles, or at school-sponsored activities. As appropriate, they may direct anyone violating this policy to leave school property and/or refer the matter to law enforcement. Students and employees who violate the terms of this policy may be subject to discipline and/or referred to assistance programs in accordance with law and Board policy.

Legal & Management References

State
Bus. Code 25608 - Alcohol on school property; use in connection with instruction
Ed. Code 44940 - Compulsory leave of absence for certificated persons
Ed. Code 44940.5 - Procedures when employees are placed on compulsory leave of absence
Ed. Code 45123 - Employment after conviction of controlled substance offense
Ed. Code 45304 - Compulsory leave of absence for classified persons
Ed. Code 48900 - Grounds for suspension or expulsion
Ed. Code 48900.5 - Suspension, limitation on imposition; exception
Ed. Code 48901 - Smoking or use of tobacco prohibited
Ed. Code 48901.5 - Prohibition of electronic signaling devices
Ed. Code 48902 - Notification of law enforcement authorities; civil or criminal immunity
Ed. Code 48909 - Narcotics or other hallucinogenic drugs
Ed. Code 48915 - Required recommendation for expulsions
Gov. Code 8350-8357 - Drug-free workplace
H&S Code 104559 - Tobacco use prohibition
H&S Code 11053-11059 - Controlled substances; standards and schedules
H&S Code 11353.6 - Juvenile Drug Trafficking and Schoolyard Act
H&S Code 11362.1 - Possession and use of cannabis; persons age 21 and over
H&S Code 11362.3 - Limitations on possession and use of cannabis
H&S Code 11362.79 - Limitations on medical use of cannabis
Pen. Code 13860-13864 - Suppression of drug abuse in schools
Veh. Code 13202.5 - Drug and alcohol related offenses by persons under age of 21, but aged 13 or over
Federal
20 USC 7101-7122 - Student Support and Academic Enrichment Grants
21 USC 812 - Schedule of controlled substances
21 USC 844 - Penalties for possession of controlled substance
41 USC 8101-8106 - Drug-Free Workplace Act
Management Resources
Court Decision - Ross v. RagingWire Telecommunications, Inc., 42 Cal. 4th 920 (2008)
Website - CSBA District and County Office of Education Legal Services

Cross References