Articles

538 - Chemical Use & Abuse Policy

 

PACT Charter School

Original Creation Date: December 2015
Last Approved By: PACT Charter School Board of Directors
Last Approved Date: March 4, 2021
Year Reviewed: 2020-2021

 

PURPOSE 

PACT Charter School recognizes that chemical use and abuse create a serious threat to students and employees' physical and mental well-being and significantly impedes the learning process. Chemical use and abuse also create significant problems for society in general. 

 

POLICY STATEMENT 

Under PACT Charter School’s 418 - Drug-Free Workplace Policy, controlled substances, toxic substances, and alcohol are prohibited in the school setting. PACT Charter School wishes to establish a program to educate and assist employees, students, and others in understanding the goals of achieving drug-free schools and workplaces. 

 

PROGRAM FOR STUDENTS 

  1. Instructional ProgramPACT Charter School will provide students an instructional program in chemical abuse and the prevention of chemical dependency. The program will educate students about the dangers of chemical abuse, address the consequences of the illegal use of chemicals, promote a sense of individual responsibility, and encourage students to seek advice from and to confide in a trusted adult regarding concerns about illegal drugs or alcohol use. 

  2. Pre-Assessment Team- In compliance with state statutes, PACT Charter School will establish a chemical abuse pre-assessment team, including the school social worker and administration. The team is responsible for addressing reports of student chemical abuse problems and making recommendations for appropriate responses in individual cases. Within forty-five (45) days after receiving an individual reported case, the team shall decide whether to provide the student and, in the case of a minor or a dependent student, the student’s parent(s) with information about school and community services connection with chemical abuse. Under state statute, a minor student may give consent for medical, mental and other health services to determine the presence of or to treat conditions associated with alcohol and other drug abuse, and the approval of no other person is required. 

  3. Pre-Assessment Team Records- Notwithstanding the Records Management Act, Minn. Stat. §138.163, if the pre-assessment team decides not to provide the student and, in the case of a minor, the student’s parent(s) with information about the school or community services in connection with chemical abuse, the pre-assessment team records must be destroyed no later than six months after the determination is made. If the team decides to provide the student and, in the case of a minor or a dependent student, the student’s parent(s) with such information, the pre-assessment team records must be destroyed no later than six months after the student is no longer enrolled in PACT Charter School. 

  4. Disciplinary Consequences- Students who abuse, possess, or distribute illicit chemicals will be suspended in compliance with PACT Charter School’s student discipline policy and the Pupil Fair Dismissal Act, Minn. Stat. §121A.40-121A.56, and proposed for expulsion. 

 

DRUG-FREE AWARENESS AND PREVENTION PROGRAM

  1. Prevention Program- The Director or his/her designee will maintain a drug-free awareness and prevention program to inform employees, students, and others about: (1) the dangers and health risks of chemical abuse in the workplace/school, (2) the school’s 418 - Drug-Free Workplace Policy, and (3) any available drug or alcohol counseling, treatment, rehabilitation, re-entry and/or assistance programs available to employees and/or students. 

  2. Notice of Conviction The Director or his/her designee will notify any federal granting agency required to be notified under the Drug-Free Workplace Act within ten (10) days after receiving notice of a conviction of an employee for a criminal drug statute violation occurring in the workplace. To facilitate the giving of such notice, any employee aware of such a conviction shall report the conviction to the Director. Notice to the federal granting agency within ten days is required by the Drug-Free Workplace Act, 41 U.S.C.A. § 8103. 

 

Legal References: 

Minn. Stat. §§121A.25-121A.29 (Chemical Abuse) 

Minn. Stat. §§121A.40-121A.56 (Pupil Fair Dismissal Act) 

Minn. Stat. §144.343 (Pregnancy, Venereal Disease, Alcohol or Drug Abuse, Abortion) 

41 U.S.C. §§8101-8106 (Drug-Free Workplace Act) 

20 U.S.C. §§7101-7165 (Safe and Drug-Free Schools and Communities Act) 

34 C.F.R. Part 84 (Governmentwide Requirements for Drug-Free Workplace)