School personnel are obliged to insure the constitutional rights of individual students and to protect the privilege of students to attend a public school and school-sponsored events free of illegal activities. It is difficult to maintain a balance between the constitutional rights of individual students and the right of students to obtain a free and appropriate education. In recognition of the problem of drug and alcohol use and demonstration of its determination to deal firmly with offenders and to protect the rights of other students, the Board of Education instructs its employees, and, in particular, school administrators, supervisors, and teachers, to implement the following policies and procedures.

1. Students who are suspected to be under the influence of a controlled dangerous substance, alcohol, or an inhalant or other intoxicant will be referred to the principal of the school. If the investigation of the matter yields no material evidence, but if the principal has reasonable cause to suspect that the student is under the influence of a controlled dangerous substance, alcohol, or an inhalant or other intoxicant the principal will contact the student's parents/caretakers and a mandatory conference will be held. The Superintendent of Schools will be advised in writing of the incident and of the results of the parent conference.

2. Students are not permitted to possess or use prescribed or over-the-counter medication on school buses or on school property. All medication must be properly registered, stored with, and administered by designated school personnel. Exceptions to this article, with supporting documentation from the student's physician, may be granted by the nurse coordinator. Violation of this rule will result in disciplinary action to the pupil, with a parent conference available immediately to clarify this policy. A second violation will result in a ten school-day suspension of the student by the principal and a referral to the Superintendent of Schools with a recommendation for further disciplinary action. If the Superintendent concurs with the findings of the principal, a long-term suspension/expulsion will be imposed after considering the nature and severity of the behavior and other factors related to the student's school record.

3. If the principal of the school determines that a student is under the influence of a controlled dangerous substance, alcohol, or an inhalant or other intoxicant, the principal will suspend the student for ten school days and will refer the student to the office of the Superintendent of Schools for further disciplinary action. If the Superintendent concurs with the findings of the principal, a long-term suspension/expulsion will be imposed after considering the nature and severity of the behavior and other factors related to the student's school record. In addition, the appropriate police agency will be notified promptly.

4. A student who has been found to be either in possession of or to be using a controlled dangerous substance, alcohol, an inhalant or other intoxicant, or to be in possession of paraphernalia or a substance misrepresented to be a controlled dangerous substance or alcohol will be suspended for ten school days by the principal and referred to the office of the Superintendent of Schools for further disciplinary action. If the Superintendent concurs with the findings of the principal, a long-term suspension/expulsion will be imposed after considering the nature and severity of the behavior and other factors related to the student's school record. In addition, the appropriate police agency will be notified promptly.

5. If the parent(s) and the student agree to participate in a substance abuse evaluation at the Harford County Mental Health and Addictions/Adolescent Addiction Services and agree to follow the recommendations for treatment made as part of that evaluation, at no cost to the Harford County Public Schools, the Superintendent of Schools will reduce the length of the suspension which would otherwise be imposed. This option is for a first offense only and will not be offered for transference or a second offense of the drug and alcohol policies. Further, this option is contingent upon the continuing availability of funding to the Harford County Mental Health and Addictions/Adolescent Addiction Services to enable that agency to provide this service.

6. The second offense for the possession or use of a controlled dangerous substance, alcohol, or an inhalant or other intoxicant or for possession of paraphernalia or a substance misrepresented to be a controlled dangerous substance, alcohol, or an inhalant or other intoxicant will result in a suspension for ten school days by the principal and referral to the office of the Superintendent of Schools for further disciplinary action. If the Superintendent concurs with the findings of the principal, the Superintendent may extend the suspension or expel the student after considering the nature and severity of the behavior and other factors related to the student's school record. In addition, the appropriate police agency will be notified promptly.

7. Any offense for the actual transference of a controlled dangerous substance, medicine, alcohol, an inhalant or other intoxicant or paraphernalia or substance misrepresented to be a controlled dangerous substance, medicine, alcohol, an inhalant or other intoxicant or paraphernalia will result in a ten-day suspension of the student by the principal and a referral to the office of the Superintendent of Schools with the recommendation for further disciplinary action. If the Superintendent concurs with the findings of the principal, the Superintendent may extend the suspension or expel the student after considering the nature and severity of the behavior and other factors related to the student's school record. In addition, the appropriate police agency will be notified promptly.

8. When a student is determined to be in violation of these drug and alcohol policies, parent(s) and the student will be provided with information regarding available resources in the community and encouraged to seek appropriate evaluation and treatment for the student.

Controlled Dangerous Substance - Controlled dangerous substances include, but are not limited to, the substances listed in Article 27 of the Annotated Code of Maryland. In addition, substances, and this includes medicine not registered with the school nurse, which are intended, implied, or are thought to produce the same or similar effects as substances listed in the Code are also regarded as controlled dangerous substances.

Medicine - Any preparation used in treating disease or illness. This includes prescription and over-the-counter drugs.

Inhalant or other intoxicant - any compound or substance (such as glue and solvents) which may cause a loss of self-control or inebriation.

Under the Influence - A principal may suspect or determine, depending on the evidence, that a student is under the influence when in any setting in which the student's responsibility is charged to a school authority:

(1) information has been received from another student, a bus driver, a teacher, or any other employee of the school system that the student had been seen taking the drug, or

(2) the principal observes unusual behavior on the part of the student such as drowsiness, dilated or contracted pupils, motor imbalance, slurred speech, unaccountable excitability, aggressive behavior, hallucinations, needle marks, vomiting, blank expression, etc., or

(3) evidence shows that the student used or consumed a controlled dangerous substance, drug, and/or alcohol, except for such drugs as authorized by a physician and which meet the provisions of the Harford County Public Schools' policies on medication.

Material Evidence - Drugs, alcohol, substances misrepresented to be drugs or alcohol, medicine not registered with the school nurse, and/or paraphernalia used in taking controlled dangerous substances.

Possession or to be Using - The student has or has had in his/her possession or has used a controlled dangerous substance.

Possession of Paraphernalia - The student has or has had in his/her possession paraphernalia which indicates that its presence is for the intended use of a drug. Typical paraphernalia would be pipes for the smoking of marijuana, manufactured paper, homemade clips or wire-formed devices used for holding marijuana "roaches," gelatin capsules, measuring spoons, scales, strainers, and other items as defined by law.

Substance Misrepresented - A substance which a student misrepresents to be a controlled dangerous substance or thinks to be a controlled dangerous substance, implies is a controlled dangerous substance, or will produce the effects of a controlled dangerous substance.

Transference - To pass to another person or to make reasonably available to another person a controlled dangerous substance or medicine or alcohol or paraphernalia or a substance misrepresented to be a controlled dangerous substance.

Remember . .

The law protects students who seek help to overcome a drug or alcohol problem. Admission of drug abuse is not a criminal offense. Students will not be punished for seeking help and school officials are required under the law to maintain the confidentiality of any information students share with them in their efforts to overcome the problem.

But . . .

When it is determined that a student is using, in possession of, or transferring a controlled dangerous substance, a student will be suspended or expelled from school in accordance with the policies of the Board of Education.

Legal Reference:

Policy Adopted: Reaffirmed: 7/21/80 Jacqueline C. Haas, Secretary and Treasurer
Amended: 10/10/83 Board of Education
Reaffirmed: 9/9/85 of Harford County
Amended: 6/11/90
Reaffirmed: 6/10/96
Amended: 4/14/97
Reaffirmed: 4/22/02
Cross Reference: Administrative Handbook pg. 1477