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(1) Definitions. These words and phrases shall have the following meaning as used herein.

(a) "Intoxicating or alcoholic beverages" refer to all beverages containing more than one percent (1%) alcohol by weight.

(b) "Drugs" mean any substance other than food or water that is intended to be taken or administered (ingested, injected, applied, implanted, inhaled, etc.) for the purpose of altering, sustaining, or controlling the recipient's physical, mental, or emotional state. Drugs may include, but not be limited to, alcoholic beverages; controlled substances such as marijuana, hallucinogens, cocaine, barbiturates, amphetamines, narcotics; and non-authorized prescription drugs.

(c) "Controlled substances" includes those substances specifically identified as having potential for abuse and those identified in Schedules I through V of Section 893.03, Florida Statutes.

(d) “Substance abuse” is the use of any drug when such use is unlawful, and use of any drug when such use is detrimental to the user or to others but is not unlawful.

(e) "Selling" refers to the actual, constructive, or attempted transfer from one person to another for any consideration or remuneration whatsoever.

(f) "Distributing" means the actual, constructive, or attempted transfer from one person to another without remuneration whatsoever.

(g) "Possess" means having or holding property or the state of owning or having in one's hands.

(2) Punishment. The principal shall follow the guidelines below when an investigation and evidence indicate a student possesses, abuses, or distributes any drug, including alcoholic beverages or any controlled or harmful substance, while on School Board property or a school bus or in attendance at a school or school-sponsored activity.

(a) For an elementary student, the principal shall confer with the student's parent(s) or legal guardian to determine if the circumstances require implementation of the guidelines contained in Subsection (2)(b), (c), and (d) herein.

(b) For the first offense, the secondary student shall be suspended from school a minimum of three (3) days up to a maximum of ten (10) days with a drug offense referral to the appropriate law enforcement agency. (See Board Policy 7.08(3)).

(c) For the second offense, the secondary student shall be suspended from school for ten (10) days with a drug offense referral to the appropriate law enforcement agency.

(d) For the third offense, or with evidence of possession with the intent to sell, selling, or having sold drugs, including alcoholic beverages or any controlled or harmful substances, the secondary student shall be suspended from school for ten (10) days and recommended for expulsion.

(e) The principal shall comply with procedures described in State Board of Education Rule 6A-1.0956 when a student is formally charged with a felony by a proper prosecuting attorney for the unlawful possession or sale for an incident which allegedly did not occur on school board property. (See Policy 7.08(16)).

(f) A student who is adjudicated guilty for the unlawful possession, abuse, or sale of any controlled substance under Chapter 893, Florida Statutes, shall automatically be expelled from all District educational programs.

(3) Any pupil who is subject to discipline or expulsion for unlawful use, possession of or sale of any drug, including alcoholic beverages or any controlled substance may be entitled to a waiver of the discipline or expulsion if he/she:

(a) Divulges information leading to the arrest and conviction of the person supplying the controlled substance; or,

(b) Voluntarily discloses his unlawful possession of such controlled substance prior to his/her arrest; or,

(c) Commits himself/herself or is referred by the court in lieu of sentence, to a state-licensed drug abuse program and successfully completes the program, or if expelled, completes any other counseling, intervention program or community service prescribed by the School Board or Superintendent.

(4) Intervention/Punishment For Being Under The Influence. The principal shall follow the guidelines below when evidence indicates a student is under the influence of drugs, including alcoholic beverages or any controlled or harmful substances while on school board property or a school bus, or in attendance at a school or school-sponsored activity.

(a) In all cases involving elementary and middle schools students, the principal will confer with the student's parent(s) or legal guardian to determine if the circumstances require notification to the appropriate family service or law enforcement agency.

(b) For the first offense, the student at any level shall be immediately sent home accompanied by a parent or other approved responsible adult. Further action if deemed necessary by the principal shall follow Section 7.08(12).

(c) For the second offense, the student at any level shall be suspended from school for up to ten (10) days with a drug offense referral to the appropriate law enforcement or family services agency. Prior to the effective date of the suspension, the student's parent(s) or legal guardian shall confer with the principal or designee and shall be provided an opportunity to enroll the student in an approved alcohol and/or other drug intervention counseling program. Part or all of the out-of-school suspension may be waived when the student's parent(s) or legal guardian agrees to a prior approved intervention counseling program.

(e) Subsequent offenses shall require a ten (10) day suspension from school and the student may be recommended for expulsion. A waiver of the suspension or expulsion may be granted by the principal or School Board if the student commits himself/herself or is referred to a state-licensed alcohol or other prior approved drug abuse program and successfully completes the program. (See Section (3) above.)

(5) Drug-Free School Zone. Each district school shall post "Drug Free School Zone” signs in visible and prominent locations on school property to show the district's commitment to be drug free and to warn violators of the mandatory prison sentence.

(6) Reporting Incidents. School board employees shall report, in good faith, to the principal or designee any suspected unlawful use, possession, distribution or sale of any controlled substance as defined in Chapter 893, Florida Statutes; any counterfeit controlled substance as defined in Section 831.31, Florida Statutes; any alcoholic beverages as defined in Section 561.01, Florida Statutes; or abuse of any potentially harmful substance taken or administered for the purpose of altering, sustaining or controlling a persons physical, mental or emotional state.

(a) Only the principal or designee shall contact the parent(s) or legal guardian of a student regarding the situation.

(b) School board employees who report any suspected unlawful use, possession, or sale by a student shall be exempt from civil liability.

Statutory authority: 1001.41, F.S.

Laws implemented: Section 1012.22; 1212.28; and Chapter 893.03, 893.13, 1001.42 and 1006.09, F.S.

State Board Rule: 6A-1.0956

Policy adopted: March 12, 1991; September 15, 1999; December 13, 2000; June 13, 2001