| Girard City School District |
| Bylaws & Policies |
5530 - DISTRICT DRUG POLICY
The use of controlled substances in our society is a problem that must be addressed in order to stem the tragedies that we see virtually every day. With this in mind, we, the educators and administrators of the Girard City Schools do agree to establish the following terms: which shall apply to actions of students on school premises; at or on Board owned or controlled properties/facilities; at school functions, home or away; and/or within the school safety zone which is defined as a school, school building, school premises, school activity, school bus, and an area within 1,000 feet of the boundaries of any school premises.
| A. | Any student found to be using, possessing or under the influence of drugs, alcohol or any other narcotic or intoxicant not specifically prescribed for that student (by a certified physician) or in possession of drug paraphernalia shall be suspended ten (10) days out of school with a recommendation for expulsion. A hearing will then be established with the student, his/her parent(s)/guardian(s), and the administration. If the student and his/her parents/guardians comply with the recommendation of the school's administration, the suspension may be reduced to five (5) days and five (5) detentions, and the recommendation for expulsion may be placed in abeyance at the discretion of the administrator. In addition, during the out-of-school suspension, the student will be required to perform community service as assigned by the administration. In addition, the matter will be referred to local law enforcement for appropriate charges. | |
| B. | Any student found to be using or possessing nicotine products or in possession of smoking paraphernalia will: 1st offense – five (5) days out of school suspension. If the student and his/her parents agree to complete the recommendation of the administration, the suspension may be reduced to two (2) days out of school suspension. The remaining three (3) days may be placed in abeyance at the discretion of the administrator. 2nd offense – ten (10) days out of school suspension, with a recommendation for expulsion. If the student and his/her parents agree to complete an eighty (80) hour program, the suspension may be reduced to five (5) days and the recommendation for expulsion may be placed into abeyance until the eighty (80) hour program is completed; 3rd offense – ten (10) days out of school suspension with a recommendation for expulsion. | |
| C. | The program shall accept other referrals (i.e., the program shall be made available to all students with need for it, not necessarily only students caught possessing, using, or found to have used drugs, alcohol, nicotine, or any other narcotic or intoxicant. A student may also be referred through self-referral or referrals from teachers, administrators, parents/ guardians, city police and/or juvenile authorities, clergy, other students or other concerned persons). | |
| D. | Failure by any student admitted to the program under section A to participate in the program or fulfill his/her obligation to the administration's recommendation or failure by any parent/guardian to allow a student's participation in the program of fulfillment of the obligation to the administration's recommendation and any recommendation(s) made by outside agencies to which the student has been referred by the administration shall result in continued out of school suspension from the school of that student with a recommendation for expulsion, which shall result in the maximum eighty (80) day expulsion. Notification to appropriate officials shall be made concerning this student's driving license. | |
| E. | No staff member may excuse a student from a participation in the program or excuse a student from disciplinary action. A student may appeal any decision to the Board of Education which shall decide upon the appeal or the suspension and/or expulsion. The Board may also remand the student's case back to the administration for further recommendations. | |
| F. | Any student found selling, offering for sale, purchasing, attempting to purchase, trafficking in, distributing, preparing for shipment, transporting, or delivering a controlled substance shall be suspended ten (10) days out of school followed by an eighty (80) day expulsion, upon each offense. Further notification to appropriate officials shall be made concerning the student's action and his/her driving license. The student must complete the recommendation of the administration while on expulsion. | |
| G. | Any student found a second time either possessing, using, or determined to be under the influence of drugs, alcohol or any other narcotic or intoxicant not specifically prescribed for that student by a certified physician or in possession of drug paraphernalia (whether or not the administration's recommendation on the first offense has been issued, agreed to or completed) shall be suspended ten (10) days out of school followed by an eighty (80) day expulsion, and referred to an outside alcohol/drug agency. Further notification to appropriate officials shall be made concerning the student's action and his/her driving license. | |
| H. | Any student referred to the administration by the Girard City Police or Trumbull County Juvenile Center must participate in the program by following the recommendation of the administration. Failure to follow or complete that recommendation shall cause those students' case to be referred back to the appropriate organization. Students possessing, using, purchasing, attempting to purchase, under the influence or found to have used any controlled substance mentioned in section one (1) herein or found to be in attendance at an activity attended primarily by students where illegal use or consumption is prevalent may be referred to the administration by the police or juvenile authorities. | |
| I. | Under the supervision of the administrator, workshops may be conducted for staff, community and students. | |
| J. | An administrator who has been trained in intervention and/or prevention shall head the program; the administrator shall be responsible for applying all aspects of the Program. | |
| K. | All group facilitators must be trained in a program approved by administrator. | |
| L. | The administrator shall coordinate the Program with facilitators, school authorities, local authorities and community organizations and agencies. | |
| M. | All referrals and any information obtained at any stage of the Program shall be kept with the utmost confidence. No information shall be made public unless deemed absolutely necessary by the administrator. | |
| N. | The administration shall appoint a Junior High Liaison and Elementary Liaison. |
Students Right to an Education
The right of every Ohio resident between the ages of six (6) and twenty-one (21) to a free public education has been clearly and undeniably established by Ohio Law and reaffirmed time and time again by Ohio courts.
R.C. 3313.48 provides part that "The Board of Education of each city, exempted village, and local school district shall provide for the free education of the youth of school age within the district of its jurisdiction".
Ohio Courts have held that all students, irrespective of race, creed, color, or sex, are entitled to the same courses of education and facilities in Ohio's public schools. All students in Ohio's public schools are equally entitled to the enjoyment of all education opportunities provided by the Ohio public school system. At the same time, however, the General Assembly and the courts have also made it clear that each student in the Ohio public school system has the responsibility to act in such a way as not to interfere with the rights of others to the same educational opportunity, and that a student may forfeit his rights when his conduct is such that it substantially disrupts the educational process and deprives others of their rights.
The Girard City Schools, and the Board of Education, entrusted with the responsibility of operating the school system in accordance with state statute and court interpretation of these statutes, recognize their responsibility to the citizens of Girard. R.C. 3313.20 authorizes Boards of Education to make the rules and regulations that are necessary to maintaining order in its schools. The courts have emphasized the point that these regulations be reasonable.
This policy details reasonable, just and necessary regulations for maintaining order in the schools, the rights and commensurate responsibilities of our students, and the processes of enforcement available to school administrators.
Revised 9/06
Revised 7/25/07
Revised 7/27/11