Category
Alcohol and Drug-use Prohibitions or Restrictions
Category
Alcohol and Drug-use Prohibitions or Restrictions
State law prohibits the sale, possession, or use of alcohol or controlled substances and encourages districts to refer students to treatment or offer “safe harbor†immunity from disciplinary action when students seek help for substance use disorders.
New Jersey Administrative Code 6A:16-6.1 Adoption of policies and procedures.
(a) District boards of education shall adopt and implement policies and procedures to ensure cooperation between school staff and law enforcement authorities in all matters relating to:
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- The unlawful possession, distribution, and disposition of the following:
- i. Controlled dangerous substances, including anabolic steroids, as defined in N.J.S.A. 24:21-2 and N.J.S.A. 2C:35-2;
- ii. Drug paraphernalia as defined in N.J.S.A. 2C:36-1;
- iii. Alcoholic beverages;
- iv. Firearms, as defined in N.J.S.A. 2C:39-1f; and
- v. Other deadly weapons, as defined in N.J.S.A. 2C:39-1.r; and
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- The planning and conduct of law enforcement activities and operations occurring on school grounds, including arrest procedures and undercover school operations.
New Jersey Administrative Code 6A:16-6.3 Reporting students or staff members to law enforcement authorities.
(a) Subject to N.J.A.C. 6A:16-6.5, any staff member who, in the course of his or her employment, has reason to believe that a student or staff member has unlawfully possessed or in any way been involved in the distribution of a controlled dangerous substance, including anabolic steroids, or drug paraphernalia shall report the matter as soon as possible to the principal or, in the absence of the principal, to the staff member responsible at the time of the alleged violation.
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- Either the principal or the responsible staff member shall notify the chief school administrator, who in turn shall notify as soon as possible the appropriate county prosecutor or other law enforcement official designated by the county prosecutor to receive such information.
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- The chief school administrator or designee shall provide to the county prosecutor or designee all known information concerning the matter, including the identity of the student or staff member involved.
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- The chief school administrator or designee, however, shall not disclose the identity of a student or staff member who has voluntarily sought and participated in an appropriate treatment or counseling program for an alcohol or other drug abuse problem, provided the student or staff member is not reasonably believed to be involved or implicated in drug-distribution activities.
- i. For the purpose of this section, an admission by a student or staff member in response to questioning initiated by the principal or teaching staff member, or following the discovery by the principal or teaching staff member of a controlled dangerous substance, including anabolic steroids, or drug paraphernalia, shall not constitute a voluntary, self-initiated request for counseling and treatment.
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- The chief school administrator or designee may disclose to law enforcement authorities the identity of a student suspected to be under the influence of alcohol and/or controlled dangerous substances, pursuant to N.J.A.C. 6A:16-4.3(a), or a student suspected to have used or who may be using anabolic steroids, pursuant to N.J.A.C. 6A:16-4.3(b), and who is referred for a medical examination, pursuant to N.J.A.C. 6A:16-4.3(a) or (b), as appropriate, for the purposes of providing appropriate health care for the student and for determining whether the student is under the influence of alcohol or other drugs or has been using anabolic steroids, provided the student is not reasonably believed to be in possession of a controlled dangerous substance or drug paraphernalia, or to be involved or implicated in drug distribution activities.
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- Law enforcement authorities shall not be notified of the findings if a student's alcohol or other drug test, pursuant to N.J.A.C. 6A:16-4.3(a)3i and (b)3i, and (a)4 above, was obtained as a result of the district board of education's voluntary random drug testing policy, pursuant to N.J.S.A. 18A:40A-22 et seq. and N.J.A.C. 6A:16-4.4.
(b) Whenever a school employee develops reason to believe a firearm, as defined in N.J.S.A. 2C:39-1(f) and 18 U.S.C. § 921, or other deadly weapon, whether enumerated in N.J.S.A. 2C:39-1(r), except a firearm as defined by N.J.S.A. 2C:39-1(f) and 18 U.S.C. § 921, has unlawfully been brought onto school grounds or a student or other person is in unlawful possession of a firearm or other deadly weapon on or off school grounds, or a student or other person has committed an offense with or while in possession of a firearm on or off school grounds or during school operating hours, the matter shall be reported as soon as possible to the principal, or in the absence of the principal, to the staff member responsible at the time of the alleged violation.
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- Either the principal or the responsible staff member shall notify the chief school administrator, who in turn shall notify as soon as possible the county prosecutor or other law enforcement official designated by the county prosecutor to receive such information.
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- The chief school administrator or designee shall provide to the county prosecutor or designee all known information concerning the matter, including the identity of the student or staff member involved.
(c) The designated school official, as defined in (b)1 above, shall immediately notify the designated law enforcement official whenever a school employee in the course of his or her employment develops reason to believe a student has threatened, is planning or otherwise intends to cause death, serious bodily injury, or significant bodily injury to another person under circumstances in which a reasonable person would believe the student genuinely intends at some time in the future to commit the violent act or carry out the threat.
(d) The designated school official, as defined in (b)1 above, shall immediately notify the designated law enforcement official whenever a school employee in the course of his or her employment develops reason to believe a crime involving sexual penetration or criminal sexual conduct has been committed on school grounds, or by or against a student during school operating hours or during school-related functions or activities.
(e) School employees shall immediately notify the principal and chief school administrator when in the course of their employment they develop reason to believe a bias-related act has been committed or is about to be committed on school grounds, or has been or is about to be committed by a student on or off school grounds, and whether such offense was or is to be committed during operating school hours, or a student enrolled in the school has been or is about to become the victim of a bias-related act on or off school grounds, or during operating school hours.
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- The designated school official, as defined in (b)1 above, shall promptly notify the local police department and the bias investigation officer for the county prosecutor's office in the instances described in (e) above.
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- The designated school official, as defined in (b)1 above, shall immediately notify the local police department and the bias investigation officer for the county prosecutor's office where there is reason to believe a bias-related act that involves an act of violence has been or is about to be physically committed against a student, or there is otherwise reason to believe a life has been or will be threatened.
(f) All incidents shall be reported under this section utilizing the Electronic Violence and Vandalism Reporting System, pursuant to N.J.A.C. 6A:16-5.3(e)1, where appropriate.
New Jersey Statutes 18A:37-2 Causes for suspension, expulsion of pupils.
Any pupil who is guilty of continued and willful disobedience, or of open defiance of the authority of any teacher or person having authority over him, or of the habitual use of profanity or of obscene language, or who shall cut, deface or otherwise injure any school property, shall be liable to punishment and to suspension or expulsion from school. Conduct which shall constitute good cause for suspension or expulsion of a pupil guilty of such conduct shall include, but not be limited to, any of the following: a. Continued and willful disobedience; b. Open defiance of the authority of any teacher or person, having authority over him; c. Conduct of such character as to constitute a continuing danger to the physical well-being of other pupils; d. Physical assault upon another pupil; e. Taking, or attempting to take, personal property or money from another pupil, or from his presence, by means of force or fear; f. Willfully causing, or attempting to cause, substantial damage to school property; g. Participation in an unauthorized occupancy by any group of pupils or others of any part of any school or other building owned by any school district, and failure to leave such school or other facility promptly after having been directed to do so by the principal or other person then in charge of such building or facility; h. Incitement which is intended to and does result in unauthorized occupation by any group of pupils or others of any part of a school or other facility owned by any school district; i. Incitement which is intended to and does result in truancy by other pupils; j. Knowing possession or knowing consumption without legal authority of alcoholic beverages or controlled dangerous substances on school premises, or being under the influence of intoxicating liquor or controlled dangerous substances while on school premises; and k. Harassment, intimidation, or bullying.
New Jersey Statutes 18A:40A-23 Adoption of policy for random testing of certain students.
A board of education may adopt a policy, pursuant to rules and regulations adopted by the State Board of Education in consultation with the Department of Human Services, which are consistent with the New Jersey Constitution and the federal Constitution, for the random testing of the district’s students in grades 9-12 who participate in extracurricular activities, including interscholastic athletics, or who possess school parking permits, for the use of controlled dangerous substances as defined in N.J.S. 2C:35-2 and anabolic steroids. The testing shall be conducted by the school physician, school nurse or a physician, laboratory or health care facility designated by the board of education and the cost shall be paid by the board. Any disciplinary action taken against a student who tests positive for drug use or who refuses to consent to testing shall be limited to the student’s suspension from or prohibition against participation in extracurricular activities, or revocation of the student’s parking permits.
New Jersey Statutes 18A:40A-24 Public hearing prior to adoption of drug testing policy.
Each board of education shall hold a public hearing prior to the adoption of its drug testing policy. The policy shall be in written form and shall be distributed to students and their parents or guardians at the beginning of each school year. The policy shall include, but need not be limited to, the following: a. notice that the consent of the student and his parent or guardian for random student drug testing is required for the student to participate in extracurricular activities and to possess a school parking permit; b. the procedures for collecting and testing specimens; c. the manner in which students shall be randomly selected for drug testing; d. the procedures for a student or his parent or guardian to challenge a positive test result; e. the Standard for ensuring the confidentiality of test results; f. the specific disciplinary action to be imposed upon a student who tests positive for drug use or refuses to consent to testing; g. the guidelines for the referral of a student who tests positive for drug use to drug counseling or rehabilitative treatment; and h. the scope of authorized disclosure of test results.
Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials
MOA addresses prohibition of possession, sale or use of alcohol or illicit drugs or non-medical use of prescriptions medication on school grounds or at school-related events.