File: JFCF

DRUGS IN SCHOOL

I.  Generally

 

            Possession of a controlled substance, imitation controlled substance or marijuana, as defined in Va. Code § 18.2-247, on school property, in any school vehicle, or at a school-sponsored activity is prohibited.                                                                                                

     A.  Expulsion

 

A student who is determined to have brought a controlled substance, imitation controlled substance, marijuana, onto school property, in any school vehicle, or to a school-sponsored activity may   be expelled in accordance with Policy JGD/JGE Student Suspension/Expulsion. The superintendent or his designee may determine, based on the facts of the particular case that special circumstances exist and another form of discipline is appropriate.  Any such disciplinary action shall be taken in accordance with Article 3 of Chapter 14 of Title 22.1 of the Code of Virginia.

 

     B.  Prevention and Intervention

 

            Any student who violates this policy shall participate in the prevention and intervention        activities identified in Winchester Public School division’s drug and violence prevention             plan.

 

            The superintendent/designee may require any student who is in possession of or under the influence of drugs at school or school-sponsored activities to: (1) undergo evaluation for drug abuse and (2) participate in a drug treatment program if        recommended by the evaluator and if the student’s parent/legal guardian consents.   

 

     C.  Required Reporting to Parent/legal guardians and Local Law Enforcement

 

            The principal shall report a violation of this policy to parent/legal guardians and local law enforcement as required by Policy CLA.

 

 

II. Students with Disabilities

 

     A.   Students with disabilities are subject to the provisions of section 1 of this policy and may be disciplined to the same extent as a nondisabled student provided the manifestation review committee determines that the violation was not a manifestation of the student’s disability. The provisions of Policy JGDA Disciplining Students with Disabilities will be followed in addition to the regular disciplinary procedures.

 

     B.  Additional authority to remove a student with a disability from school for a drug violation:

 

1. In addition to the authority granted in subsection A above, a student with a disability may be removed without parent/legal guardian consent and assigned to an  interim alternative education program by school personnel for not more than forty-five (45)  school days when the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, in any school vehicle or at a school function under the jurisdiction of a state or local educational agency. This option is available regardless of whether a manifestation exists. The removal should not be in excess of any removal imposed on a student without a disability for the same offense.

 

2. For purposes of this forty-five (45) school day removal, “illegal drugs” and                          “controlled substance” are defined as follows:

 

a.  Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in § 202 (c) of the Controlled Substances Act at 21 U.S.C. §812 (c).812 (c).

 

                     b. Illegal drug means a controlled substance, but does not include controlled                            substance that is legally possessed or used under the supervision of a licensed                           health-care professional or that is legally possessed or used under any other                               authority under the Controlled Substances Act or under any other provision of                                     federal law.                             

 

Adopted:

 

April 21, 2003; Revised June 21, 2004, August 21, 2006, August 8, 2011, February 23, 2015,___

September 14, 2015

Legal Refs:       20 U.S.C. §§ 1415 (k)(1)(G)(ii), 1415 (k)(7)(A), 1415 (k)(7)(B).

                        21 U.S.C. § 812(c).

 

                        Code of Virginia, 1950, as amended, §§ 18.2-247, 18.2-250, 18.2-250.1,

                        18.2-255.2, 22.1-277.08.

                       

                        8 VAC 20-81-10.

 

Cross Refs:     CLA                Reporting Acts of Violence and Substance Abuse

                        JGD/JGE        Student Suspension/Expulsion

                        JFC                 Student Conduct

                        JFC-R             Standards of Student Conduct

                        JGDA             Disciplining Students with Disabilities