Elk Rapids Schools
Bylaws & Policies


The Board of Education recognizes that the misuse of drugs or tobacco is a serious problem with legal, medical, physical and social implications for the entire school community.

As the educational institution of this community, the schools shall strive to prevent drug or tobacco abuse and help drug abusers by educational means.


Drug Prohibition


The Board prohibits the illegal use, possession, concealment, or distribution of any drug or drug-related paraphernalia at any time on District property, District vehicles or at any District-related event.



Definition of Drugs


For purposes of this policy, "drugs" shall mean:



All controlled substances as so designated and prohibited by Michigan statute;



All chemicals or commercially available products used in such a way as to expose anyone to toxic vapors in toxic concentrations or amounts during their use;



All alcoholic beverages;



All tobacco products;



Any prescription or over-the-counter drug except those allowed for use in school under Board policy and District rules;



Any liquid, powder, pill, tablet, capsule or other substance which, intentionally or unintentionally, resembles any similar form or substance which is known to contain one (1) or more drugs, regardless of whether or not it contains any drug. Such materials are often called "look-alikes";



Performance-enhancing drugs as determined annually by the Department of Community Health;



Any other illegal substances so designated and prohibited by law.


In accordance with Federal and State law, the Board hereby establishes a "Drug-Free School Zone" that extends 1000 feet from the boundary of any school property. The Board prohibits the use, possession, sale, concealment, delivery, or distribution of any drug or any drug-related paraphernalia at any time on District property, within the Drug-Free School Zone, or at any District-related event.


Furthermore, the Superintendent shall take the necessary steps so that an individual eighteen (18) years of age or older who knowingly sells, delivers, or distributes controlled substances so designated and prohibited by Michigan statute within the Drug-Free School Zone to another person is prosecuted to the fullest extent of the law.



Seizure and Confiscation of Drugs


Any drug or suspected drug found on District property, on a District vehicle or at a District-related event shall be subject to seizure by any District employee who discovers or is made aware of its presence.


Any employee who has taken possession of such substance(s) shall, at the first opportunity, take it to the appropriate principal's office or to the Superintendent's office, where it shall be kept under lock and key until proper disposition of it can be made. The employee shall also provide information regarding the circumstances of the seizure, including the names of the persons involved.


If the substance falls into the category of a controlled or illegal substance, or is believed to fall into such category, the appropriate law enforcement authorities shall be notified and the substance shall remain under lock and key until it can be released to such authority.


District Drug Program


The Superintendent shall prepare guidelines for the identification, amelioration and regulation of drug use in the schools. Such guidelines shall:



Emphasize the prevention of drug use;



Provide for a comprehensive, age-appropriate, developmentally-based drug and alcohol education and prevention programs in the schools which:



Address the legal, social, psychological and health consequences of drug and alcohol use;



Provide information about effective techniques for resisting peer pressure to use illicit drugs, performance-enhancing drugs, and alcohol;



Assist students to develop skills to make responsible decisions about substance abuse and other important health issues;



Promote positive emotional health, self-esteem, and respect for one's body;



Meet the minimal objectives as stated in the essential performance objectives for health education as established by the State Department of Education.



Include a statement to students that the use of illicit drugs is unhealthy, harmful to the mind and body, and that the unlawful sale, use, or possession of drugs and/or alcohol is wrong and may lead to great harm and/or severe punishment;



Provide standards of conduct that are applicable to all students which clearly prohibit the unlawful possession, sale, use, or distribution of drugs and/or alcohol by students on school premises, on school vehicles or as a part of any school activity;



Include a statement that disciplinary sanctions, up to and including expulsion and referral for prosecution, shall be imposed on students who violate the school standards of conduct, and a description of those sanctions which may include punitive action and voluntary referral to appropriate, qualified and properly licensed persons or agencies for screening and/or assessment;



Provide a procedure for the release of information about drug and alcohol counseling programs and/or rehabilitation and re-entry programs available to students, and provide procedures to direct students and their parents to the appropriate programs;



Require that all parents and students be given a copy of the standards of conduct regarding the unlawful possession, use or distribution of illicit drugs and alcohol by students;



Require the notification to parents and students that compliance with the standards of conduct is mandatory;



Provide periodic review, at least biennially, of the District's program to determine its effectiveness and the need for any changes, and to ensure that disciplinary sanctions are consistently enforced;



Provide for a student assistance program which includes guidelines for preventive, intervention, referral, treatment, and after-care. Such a program must be comprehensive in nature addressing all issues affecting students' academic, social, and emotional well being in the educational setting which may negatively affect behavior and interfere with their ability to learn;



Establish means for dealing with students suspected of drug use or suspected of possessing, selling, or distributing drugs in school and ensure that the District's policy and administrative guidelines on Search and Seizure AG 5771 and Policy 5771 and Suspension and Expulsion AG 5610 and Policy 5610 are complied with fully.


Discipline for Drug Violations


The Superintendent shall develop rules for the discipline of students who violate District drug policies and/or rules based upon such policies, which shall follow these guidelines:



In all cases involving the students and drugs, the need to protect the school community from undue harm and exposure to drugs shall be balanced against the need to guard the due process rights of the individual and the opportunity to rehabilitate a member of society within a wholesome school environment.



In the discipline of students involved with drugs, the following factors shall be considered and shall serve to mitigate such punitive sanctions as are imposed:



The potential harm of the specific drug itself, the mental and physical hazards posed by it, and its tendency to habituate users;



The degree and kind of involvement with drugs and/or alcohol evidenced by the activities of the student offender, the number of other students affected by the individual, and his/her possible profit motive(s);



The number of times the student has been previously disciplined for drug and/or alcohol involvement;



The overall disciplinary record of the student;



The student's willingness and desire to participate in an approved substance abuse program or to seek help from professionals, organizations or other individuals qualified to provide similar services.


District Drug Education Program


The Superintendent shall develop a curriculum of instruction for students at each grade level designed to teach the harmful effects which may result from the use and abuse of drugs and/or tobacco. The curriculum shall also include instruction in the legal restrictions against such use and abuse. The Superintendent shall conduct such in-service training programs for staff members as are necessary to ensure effective teaching about drugs and assistance to students with drug problems.



Anabolic Steroid Notices


The Superintendent shall obtain sufficient copies from the State Health Department of the warning notice concerning anabolic steroids and shall ensure that the notice is installed and properly maintained in each locker room or athletic dressing area in the District.





The Superintendent shall take such steps as may be necessary to notify all students, their parents, the community and appropriate law enforcement agencies of the Board's policy on the use of drugs.

M.C.L.A. 380.1170, 333.26301 et seq., 333.7410, 333.7410A
A.C. Rule R388.271 et seq.
Senate Bill 350, 1990
Drug-Free Schools and Communities Act of 1986, 20 U.S.C. 3171 et seq.
20 U.S.C. 3224A

Revised 6/14/93
Revised 9/8/97
Revised 5/8/00
Revised 11/13/06