It is the intent of the Kenai Peninsula Borough School District to maintain a drug-free school environment so learning can take place; to educate students so they are aware of the issues and problems related to the use of drugs, alcohol, and controlled substances; to identify students who have chemical abuse problems; to refer students for treatment services which are beyond the scope of the schools; and to remove students possessing, distributing or selling drugs or alcohol in the school setting from that environment.
Prohibited Substances and Items
The substances and items prohibited by this policy include, but are not limited to: alcohol; prescription drugs (except as authorized by BP 5141.21); anabolic steroids; narcotic drugs, hallucinogenic drugs, amphetamines, barbiturates, marijuana, or any other controlled substance; intoxicants or depressants of any kind; items used as an inhalant, including paints, gasoline, glue, or similar items; over the counter stimulants of any kind, including caffeine-based substances other than beverages, substances containing phenylpropanolamine (PPA), or other similar drugs; drug paraphernalia, and imitation or designer drugs (i.e., "bath salts) or synthetic drugs (K2, Spice, etc). Imitations or synthetic drugs mean pills, capsules, tablets, powders, liquids, inhalants or other items which are designed to look like or are represented to be prohibited drugs or alcohol.
Possession/Use/Under the Influence During School
A student who is determined to have used, to be in possession and/or under the influence of prohibited substance or item as defined by this policy at school or at any school-sponsored activity shall be reported to the appropriate law enforcement personnel, his/her parent(s)/guardian(s), and shall be subject to suspension for up to 45 student school days by the school administrator following a due process hearing pursuant to applicable School Board policies. In more serious cases, violators may be recommended for expulsion to the Board of Education.
(cf. 5144.1 - Suspension and Expulsion)
Refusal to submit to a Breathalyzer and/or urinalysis, or any other lawful, reasonably reliable test as authorized by the Superintendent as required by this policy to determine whether a student has used alcohol or other drugs in violation of School Board policies will result in a suspension of not less than 30 student school days and not to exceed 45 student school days. Refusal to submit to such a test will be treated as a positive determination of drug or alcohol use per this policy.
Prior to readmittance to school, the student shall participate in a conference with his/her parents(s)/guardian(s) and the school administrator to determine conditions for readmittance.
Selling, Offering for Sale, Agreeing to Purchase or Distributing
A student selling, offering for sale, agreeing to purchase, or distributing prohibited substances or items defined in this policy shall be reported to the appropriate law enforcement personnel and his/her parent(s)/guardian(s), and will be suspended immediately following a due-process hearing pursuant to applicable School Board policies, and may be recommended for expulsion to the Superintendent who will review the matter. Based on this review, the Superintendent may recommend to the Board of Education that the student be expelled from the Kenai Peninsula Borough School District.
(cf. 5144.11 - Due Process)
Legal Reference:
ALASKA STATUTES
04.16.080 Sales or consumption at school events
14.20.680 Training required for teachers and other school officials
14.30.360 Curriculum (Health and Safety Education)
14.33.110-140 Required school disciplinary and safety program
47.37.045 Community action against substance abuse grant fund
Elementary and Secondary Education Act, 20 U.S.C. §§ 7116, 7163, as amended by the No Child Left Behind Act of 2001 (P.L. 107-110)