BP 3513.4 — Drug and Alcohol Free Schools
Section: 3000 - Business and Non-Instructional Operations
Status: Active
Adopted: 2018-09-25
Policy text
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.
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
- Alcoholic beverages, unless approved by the Superintendent or designee for limited purposes specified in Business and Professions Code 25608
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
EDUCATION CODE - EDC
44940 Compulsory leave of absence for certificated persons
44940.5 Procedures when employees are placed on compulsory leave of absence
45123 Employment after conviction of controlled substance offense
45304 Compulsory leave of absence for classified persons
48900 Suspension or expulsion (grounds)
48900.5 Suspension, limitation on imposition; exception
48901 Smoking or use of tobacco prohibited
48901.5 Prohibition of electronic signaling devices
48902 Notification of law enforcement authorities; civil or criminal immunity
48909 Narcotics or other hallucinogenic drugs
48915 Expulsion; particular circumstances
BUSINESS AND PROFESSIONS CODE - BPC
25608 Alcohol on school property; use in connection with instruction
GOVERNMENT CODE - GOV
HEALTH AND SAFETY CODE - HSC
11053-11058 Standards and schedules
11353.6 Juvenile Drug Trafficking and Schoolyard Act
11362.1 Possession and use of cannabis, persons age 21 and over
11362.3 Limitations on possession and use of cannabis
11362.79 Limitations on medical use of cannabis
104559 Tobacco use prohibition
PENAL CODE - PEN
13860-13864 Suppression of drug abuse in schools
VEHICLE CODE - VEH
13202.5 Drug and alcohol related offenses by person under age of 21, but aged 13 or over;
CALIFORNIA DEPARTMENT OF EDUCATION
7101-7122 Student Support and Academic Enrichment Grants
U.S. DEPARTMENT OF JUSTICE
812 Schedules of controlled substances
844 Penalties for possession of controlled substance
UNITED STATES CODE
8101-8106 Drug-Free Workplace Act
OPINIONS
Ross v. RagingWire Telecommunications, Inc., 42 Cal. 4th 920 (2008)