CODE: JFCH

Drug and Alcohol Free Schools

The Board of Education, Logan City School District ("District") recognizes that the possession, use, or distribution of tobacco, illegal drugs, alcoholic beverages, or other prohibited substances constitutes a hazard to students and is disruptive to the educational process. The District will comply with federal and state laws and encourage the development and implementation of programs that:

  1. provide information about the harmful effects of tobacco, drug and alcohol use;
  2. invite school and parent cooperation in preventing tobacco, drug and alcohol use;
  3. assist parents of students who use tobacco, drugs or alcohol in seeking professional help from public and private educational and rehabilitative agencies.

This policy falls under the umbrella of the Safe Schools Policy.

The possession, use, or distribution of any substance listed in the guidelines of this policy is prohibited on District property, and at any school-sponsored extracurricular program or activity including those held off school property.

The possession, use, or distribution by any student of any substance listed in the guidelines of this policy off District property, but during regular school hours, will be treated as though such conduct occurred on District property.

  1. Definitions
    1. Prohibited Illegal Substances:
      1. Tobacco as defined by UCA §167;76-10-105 (cigars, cigarettes, or smokeless tobacco).
      2. All substances defined as illegal in the Utah Controlled Substance Act (UCA §167;58-37-2).
      3. Alcoholic beverages as defined in UCA §167;32A-1-105 (2)(3)(4).
      4. Any psychotoxic chemical substance used illegally as defined in UCA §167;76-10-107 and/or any potentially harmful substance which may endanger a student’s health and/or education.
      5. All drug paraphernalia defined as illegal in UCA §167;58-37a-3.
    2. Prescription medications: any medication which has been prescribed by a licensed physician and which is misused, abused, distributed, sold, or arranged to be sold.
    3. Over-the-Counter substances: any medication which may be purchased without a prescription which is misused or abused, or shared, distributed, sold, or arranged to be sold. A student may possess and use over-the-counter remedies at school only in amounts not to exceed the recommended daily dose, including but not limited to aspirin, ibuprofen, acetaminophen, cough drops, allergy medications, cough syrup, and mouthwash.
    4. Suspension: a mandatory interruption of attendance or participation in a specific school or program for a period of 10 consecutive school days or less.
    5. Long-term Suspension or Expulsion: termination of attendance or participation in a specific school or program for a period in excess of 10 consecutive school days.
    6. Parents: parent(s), a legal guardian(s).
    7. Resorting: Resorting occurs when a student is apprehended by District employees or law enforcement officials for being present where illegal substances listed in the guidelines of this policy are being used or possessed and the use of possession is open, obvious, apparent and not concealed.
  2. Guidelines
    1. Possession of Tobacco/Illegal Substances/Illegal Drug Paraphernalia/Attending School Under the Influence of an Illegal Substance.
      1. Tobacco: Any person 18 years old or younger who buys, sells, accepts, or has in his possession any cigar, cigarette, or tobacco in any form may be charged with a Class C misdemeanor. The District may appoint a compliance officer who may issue citations for violations of UCA §167;76-10-105 or other applicable provisions of the UCA. Cited violations shall be reported to juvenile court.
      2. Other Prohibited Illegal Substances/Illegal Drug Paraphernalia/Attending School Under the Influence of an Illegal Substance:
        1. First Violation: A student possessing or using prohibited illegal substances, illegal drug paraphernalia, or attending school under the influence for the first time will be dismissed from school pending a due process hearing with a school administrator and parents. The hearing may result in a school suspension. The student and parents will be advised concerning intervention programs of which they may avail themselves. The student and parents may be required to formulate a plan to remediate the behavior. The police will be notified. Investigations by the police and by the District shall occur as each deems necessary and appropriate.
        2. Second or Subsequent Violations: A student possessing or using prohibited illegal substances, illegal drug paraphernalia, or attending school under the influence for a second or subsequent time will be dismissed from school pending a due process hearing with a school administrator and parents. A second or subsequent substantiated offense will result in a suspension. The student and parents will be advised concerning intervention programs of which they may avail themselves. The student and parents will be required to formulate a plan to remediate the behavior. The police will be notified. Investigations by the police and by the District shall occur as each deems necessary and appropriate.
    2. Distribution of Tobacco/Illegal Substances/Illegal Drug Paraphernalia
      1. Tobacco: Any person 18 years old or younger who buys, sells, or accepts any cigar, cigarette, or tobacco in any form may be charged with a Class C misdemeanor. The District may appoint a compliance officer who may issue citations for violations of UCA §167;76-10-105 or other applicable provisions of the UCA. Cited violations shall be reported to the juvenile court.
      2. Other Prohibited Illegal Substances
        1. First Violation: A student distributing prohibited illegal substances for the first time will be dismissed from school pending a due process hearing with a school administrator and parents. The hearing may result in a suspension from school. The student and parents will be advised concerning intervention programs of which they may avail themselves. The student and parents may be required to formulate a plan to remediate the behavior. The police will be notified. Investigations by the police and by the District shall occur as each deems necessary and appropriate.
        2. Second or Subsequent Violations: A student distributing prohibited illegal substances for a second or subsequent times will be dismissed from school pending a due process hearing with a school administrator and parents. A substantiated offense will result in a suspension. The student and parents will be advised concerning intervention programs of which they may avail themselves. The student and parents will be required to formulate a plan to remediate the behavior. The police will be notified. Investigations by the police and by the District shall occur as each deems necessary and appropriate
    3. Prohibited Use or Distribution of Prescription Medications
      1. First Violation: A student misusing or distributing prescription medications or otherwise violating District policy with respect to prescription medications for the first time will participate in a conference with a school administrator and parents. At the conference, the student and parents will be advised of the school policy. The severity of the behavior will determine the disciplinary action taken by the school administration. Police may be notified.
      2. Second or Subsequent Violations: A student misusing or distributing prescription medications for a second or subsequent times will be removed from school pending a conference with a school administrator and parents. The severity of the behavior will determine the disciplinary action taken by the school administration. Police may be notified. Investigation by the police and by the District shall occur as each deems necessary and appropriate.
    4. Prohibited Use or Distribution of Over-the-Counter Substances
      1. First Violation: A student misusing or distributing over-the-counter substances or otherwise violating District policy with respect to over-the-counter substances for the first time will participate in a conference with a school administrator and parents. At the conference, the student and parents will be advised of the school policy. The severity of the behavior will determine the disciplinary action taken by the school administration.
      2. Second or Subsequent Violations: A student misusing or distributing over-the-counter substances for a second or subsequent times will be removed from school pending a conference with a school administrator and parents. At the conference, the student and parents will be advised of the school policy. The severity of the behavior will determine the disciplinary action taken by the school administration.
    5. Resorting violations will be dealt with according to the "possession and use of illegal substances" guidelines of this policy.
  3. Procedures
    1. Due process procedures shall be followed in all instances.
    2. All illegal violations covered by this policy will be reported to the police. The District will enforce the disciplinary consequences outlined in this policy independent of any juvenile court, criminal charge, or other action.
    3. During the time a student is on suspension or under school disciplinary action, the student may not be a spectator or participant in any school-sponsored extracurricular program or activity including those held off school property.
    4. If a senior is placed on suspension or under school disciplinary action, the student may be prohibited from participating in graduation exercises.
    5. The District will assist with identifying appropriate agencies qualified to make written assessment of potential substance dependence for students who violate the guidelines of this policy. These assessments will occur at the expense of the parents.
    6. Records will be maintained of all violations. A student with more than one violation will be considered a "second or subsequent violator" even if the earlier violation(s) occurred during a prior school year or at a different school or district.
    7. In addition to the disciplinary alternatives outlined in this policy, a student may be suspended or removed from leadership positions, candidacy for leadership positions, school organizations, athletic teams, and other extracurricular activities upon violation of the guidelines of this policy. (See specific school eligibility requirements.)
    8. UCA §167;53A-11-402 requires public educators to report information of suspected substance abuse among their students to parents. When student substance abuse is suspected, educators will complete a "Suspected Abuse Report" form and submit it to the designated school administrator for referral to parents. The District and its employees will not be held responsible for any costs that may result from the information provided on the "Suspected Abuse Report" form.
    9. Federal and state law preclude disciplining a student for conduct which is a manifestation of his/her disability. Therefore, where a student who has been identified as eligible for special education services engages in conduct which is a violation of school rules or is subject to discipline under this policy, the District’s Special Education Policies and Procedures will apply. The District’s Special Education Policies and Procedures may apply, if the student has not previously been identified as eligible for special education, but asserts that he/she should receive the procedural protections.

Approved August 26, 2003