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Colchester Public Schools
New Legislation 5131.6P
STUDENTS
DRUGS, ALCOHOL, AND TOBACCO
Statement of Policy
It shall be the policy of the Colchester Board of Education to take appropriate measures to
prevent the use and abuse of drugs, alcohol and tobacco on school property or at
school-sponsored activities. While prevention shall be the primary area of focus, the Board
of Education recognizes the need to cooperate with students and their families to
intervene in the abuse of drugs (including mood altering substances), alcohol and tobacco.
The goals of prevention and intervention shall be pursued through the use of curriculum
and classroom activities, community and family support, and community resources.
Drugs and Alcohol
The Colchester Board of Education prohibits the unauthorized possession, sale,
distribution, use or consumption of drugs, narcotics or alcoholic beverages (or any
facsimile of drugs, narcotics or alcoholic beverages, or any item represented to be drugs or
alcoholic beverages) on school property or at school-sponsored activities. For the purpose
of this policy, the term "drugs" shall include, but shall not be limited to, any medicinal
preparation (prescription and non-prescription) and any controlled substance whose
possession, sale, distribution, use or consumption is illegal under state and/or federal law.
Controlled substances include, but are not limited to; opiates, opium derivatives,
amphetamines, certain depressants, certain stimulants, narcotics, barbiturates, and
anabolic steroids, as more particularly described in schedules I to V, inclusive, of the
Connecticut controlled substance scheduling regulations adopted pursuant to C.G.S.
Section 21a-243 and C.G.S. Section 21a-240(9). The Colchester Board of Education also
prohibits the possession of paraphernalia used or designed to be used in the consumption,
sale or distribution of drugs or alcohol on school property or at school-sponsored activities.
Tobacco
There shall be no smoking or other use or unauthorized possession of tobacco products on
school property at any time. or This policy extends to transportation provided by the
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Board of Education, or during the course of any trip/activity sponsored by the Board of
Education or under the supervision of the Board of Education or its authorized agents.
Tobacco includes, but is not limited to cigarettes, cigars, snuff, smoking tobacco,
smokeless tobacco, nicotine, nicotine delivering devices, chemicals, or devices that
produce the same flavor or physical effect of nicotine substances; vapor products, and
any other tobacco or nicotine innovations. Notwithstanding the above, transdermal
nicotine patches used solely as part of an organized treatment program to quit smoking
shall not be considered tobacco for the purposes of this policy.
Definitions
1. Controlled Drugs means those drugs which contain any quantity of a substance
which has been designated as subject to the federal Controlled Substances Act,
or which has been designated as a depressant or stimulant drug pursuant to
federal food and drug laws, or which has been designated by the Commissioner
of Consumer Protection pursuant to C.G.S. Section 21a-243, as having a
stimulant, depressant or hallucinogenic effect upon the higher functions of the
central nervous system and as having a tendency to promote abuse or
psychological or physiological dependence, or both. Such controlled drugs are
classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type,
hallucinogenic, morphine-type and other stimulant and depressant drugs. C.G.S.
Section 21a-240(8).
2. Controlled Substances means a drug, substance or immediate precursor in
schedules I to V, inclusive, of the Connecticut controlled substance scheduling
regulations adopted pursuant to C.G.S. Section 21a-243. C.G.S. Section 21a-
240(9).
3. Drug Paraphernalia means any equipment, products and materials of any kind
which are used, intended for use or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing or concealing, or injecting, ingesting, inhaling or otherwise
introducing controlled drugs or controlled substances into the human body,
including but not limited to all items specified in C.G.S. Section 21a-240(20)(A),
such as "bongs," pipes, "roach clips," miniature cocaine spoons, crack cocaine
vials, tobacco rolling papers, and any object or container used, intended or
designed for use in storing, concealing, possessing, distributing or selling
controlled drugs or controlled substances. C.G.S. Section 21a-240(20)(A).
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4. Electronic nicotine delivery system means an electronic device that may be used
to simulate smoking in the delivery of nicotine or other substance to a person
inhaling from the device, and includes, but is not limited to, an electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any
related device and any cartridge or other component of such device.
5. Liquid nicotine container means a container that holds a liquid substance
containing nicotine that is sold, marketed or intended for use in an electronic
nicotine delivery system or vapor product, except "liquid nicotine container" does
not include such a container that is prefilled and sealed by the manufacturer and
not intended to be opened by the consumer.
6. Vapor product means any product that employs a heating element, power source,
electronic circuit or other electronic, chemical or mechanical means, regardless of
shape or size, to produce a vapor that may or may not include nicotine that is
inhaled by the user of such product.
7. Professional Communication: any communication made privately and in
confidence by a student to a professional employee of such student's school in
the course of the professional employee's employment. C.G.S. Section 10-
154a(a)(4).
8. Professional Employee means a person employed by a school who "(A) holds a
certificate from the State Board of Education, (B) is a member of a faculty where
certification is not required, (C) is an administration officer of a school, or (D) is a
registered nurse employed by or assigned to a school." C.G.S. Section 10-
154a(a)(2).
9. School-sponsored Activity means any activity sponsored, recognized, or
authorized by a board of education and includes activities conducted on or off
school property.
Procedures
1. Emergencies
If an emergency situation results from drug or alcohol use, the student shall be
sent to the school nurse or medical advisor immediately. The parent or
designated responsible person will be notified.
2. Prescribed Medications
Students may possess and/or self-administer medications in school in
accordance with the Board’s policy concerning the administration of medication
in school.
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Students taking improper amounts of a prescribed medication, or otherwise
taking medication contrary to the provisions of the Board’s policy on the
administration of medication will be subject to the procedures for improper drug
or alcohol use outlined in this policy.
Voluntary Disclosure of Drug/Alcohol Problem (Self-Referral)
1. The following procedures will be followed when a student privately, and in
confidence, discloses to a professional employee in a professional
communication information concerning the student's use, possession,
distribution or sale of a controlled drug, controlled substance or alcohol.
(a) Professional employees are permitted, in their professional judgment, to
disclose any information acquired through a professional communication
with a student, when such information concerns alcohol or drug abuse or
any alcohol or drug problem of such student. In no event, however, will
they be required to do so. C.G.S. Section 10-154a(b).
(b) Any physical evidence obtained from such student through a professional
communication indicating that a crime has been or is being committed by
the student must be turned over to school administrators or law
enforcement officials as soon as possible, but no later than two calendar
days after receipt of such physical evidence, excluding Saturdays,
Sundays and holidays. Employees are encouraged to contact the school
administrator immediately upon obtaining physical evidence. In no case,
however, will such employee be required to disclose the name of the
student from whom the evidence was obtained. C.G.S. Section 10-
154a(b).
(c) Any professional employee who has received a professional
communication from a student may obtain advice and information
concerning appropriate resources and refer the student accordingly,
subject to the rights of the professional employee as described in
paragraph (a) above.
(d) If a student consents to disclosure of a professional communication
concerning the student's alcohol or drug problem, or if the professional
employee deems disclosure to be appropriate, the professional employee
should report the student's name and problem to the school's building
administrator or designee who shall refer the student to appropriate
school staff members for intervention and counseling.
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Involuntary Disclosure or Discovery of Drug/Alcohol Problems
1. When a professional employee obtains information related to a student from a
source other than the student's confidential disclosure, that the student, on or
off school grounds or at a school sponsored activity, is under the influence of, or
possesses, uses, dispenses, distributes, administers, sells or aids in the
procurement of a controlled drug, controlled substance, drug paraphernalia or
alcohol, that information is considered to be involuntarily disclosed. In this
event, the following procedures will apply.
(a) The professional employee will immediately report the information to
the building administrator or designee. The building administrator or
designee will then refer the student to appropriate school staff members
for intervention and counseling.
(b) Any physical evidence (for example, alcohol, drugs or drug paraphernalia)
obtained from a student indicating that a crime has been or is being
committed by the student must be turned over to the building
administrator or designee or to law enforcement officials as soon as
possible, but no later than within two calendar days after receipt of such
physical evidence, excluding Saturdays, Sundays and holidays. C.G.S.
Section 10-154a(b). Because such evidence was not obtained through a
professional communication, the name of the student must be disclosed
to the building administrator or designee.
(c) Search and Seizure of Students and/or Possessions: A professional
employee who reasonably suspects that a student is violating a
state/federal law or a school substance abuse policy must immediately
report his/her suspicion to the building administrator or designee. The
building administrator or designee may then search a student's person or
possessions connected to that person, in accordance with the Board's
policies and regulations if he/she has reasonable suspicion from the
inception of the search that the student has violated or is violating either
the law or a school substance abuse policy.
Any physical evidence obtained in the search of a student, or a student's
possessions, indicating that the student is violating or has violated a state
or federal law must be turned over to law enforcement officials as soon
as possible, but not later than within three calendar days after receipt of
such physical evidence, excluding Saturdays, Sundays and holidays.
C.G.S. Section 10-154a(c). All school employees are encouraged to
contact the school administration immediately upon obtaining physical
evidence.
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2. Consequences for the Use, Sale, Distribution or Possession of Controlled Drugs,
Controlled Substances, Drug Paraphernalia or Alcohol.
(a) Any student in the Colchester Public Schools using, consuming,
possessing, being under the influence of, manufacturing, distributing,
selling or aiding in the procurement of controlled drugs, controlled
substances, drug paraphernalia or alcohol either on or off school
property, or at a school-sponsored activity, except as such use or
possession is in accordance with Connecticut General Statutes § 21a-
408a through 408q, is subject to discipline up to and including expulsion
pursuant to the Board's student discipline policy.
(b) In conformity with the Board’s student discipline policy, students may be
suspended or expelled for drug or alcohol use off school grounds if such
drug or alcohol use is considered seriously disruptive of the educational
process. In determining whether the conduct is seriously disruptive of
the educational process, the Administration and the Board may consider,
among other factors: 1) whether the drug or alcohol use occurred within
close proximity of a school; 2) whether other students from the school
were involved; and 3) whether any injuries occurred.
(c) If a school administrator has reason to believe that any student was
engaged, on or off school grounds, in offering for sale or distribution a
controlled substance (as defined by Conn. Gen. Stat. § 21a-240(9), whose
manufacturing, distribution, sale, prescription, dispensing, transporting,
or possessing with intent to sell or dispense, offering or administering is
subject to criminal penalties under Conn. Gen. Stats. §§ 21a-277 and 21a-
278, the administrator will recommend such student for expulsion, in
accordance with the Board’s student discipline policy.
(d) Students found to be in violation of this policy may be referred by the
building administrator to an appropriate agency licensed to assess and
treat drug and alcohol involved individuals. In such event, assessment
and treatment costs will be the responsibility of the parent or guardian.
(e) A meeting may be scheduled with appropriate school staff members for
the purpose of discussing the school's drug and alcohol policy with the
student and parent or guardian.
(f) Law enforcement officials may be contacted by the building
administrator in the case of suspected involvement in the use, sale or
distribution of controlled drugs, controlled substances, drug
paraphernalia or alcohol.
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Legal References: Connecticut General Statutes
10-19 Programs to be offered on effects of drugs and alcohol.
10-154 Professional communication between teacher or nurse and
student.
10-221(d) Boards of Education to prescribe rules re use, sale of,
possession.
10-233a(h) definition of school-sponsored activity.
21a-240 Definitions, dependency producing drugs.
21a-243 Regulation re schedules of controlled substances.
Public Act 19-13
Federal Law
Pro-Children Act of 2001, Pub. L. 107-110, 115 Stat. 1174, 20
U.S.C. § 7183
POLICY ADOPTED: April 9, 2002
REVISED: January 10, 2006
REVISED: August 12, 2014
REVISED: February 13, 2019
REVISED: January 14, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
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