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Drugs, Alcohol & Tobacco

Overview (BP 5147)

District schools shall take positive action through education, counseling, parental involvement, medical referral, and police referral when handling incidents in the schools involving the possession, sale, and/or use of behavior-affecting substances and drug paraphernalia. These substances shall include but not be limited to marijuana, LSD, glue, alcohol, barbiturates, and steroids.

Students possessing, selling, and/or using behavior-affecting substances shall be subject to disciplinary procedures which shall result in suspension or expulsion. (CF 5114.3 - Suspension, CF 5114.6 - Expulsion)

School properties may be inspected by school authorities in the interest of maintenance, health, and safety. Inspections for the location of drugs, narcotics, liquor, weapons, poisons, and missing properties relate to health and safety and may be considered reasonable, as long as such inspections are conducted in accordance with law and District policy. (CF 5139 - Search of Students) 

Legal References:

Education Code

48900 Suspension or Expulsion (grounds)
48900.5 Suspension, limitation or imposition
48901 Smoking or use of tobacco prohibited
48909 Narcotics or other hallucinogenic drugs

Health & Safety Code

11357  Unauthorized possession of marijuana; punishment; prior conviction; pass in school or on school grounds

Drugs, Alcohol & Tobacco - Student Discipline (AR 5147)

The administration shall practice the following procedures relative to student drug use and abuse on school property or whenever the student is under school jurisdiction.  Alcohol is a drug, illegal for use of minors.  Cases involving alcohol use shall be treated in the same way as those involving drugs.

Use or Possession

  1. Any staff member who has reason to believe that a student may be under the influence of alcohol or drugs shall immediately notify the principal or designee.
  2. The principal or designee if in agreement shall notify the Fremont Police Department and request assistance to complete an investigation.  The principal will also inform the Director of Pupil Personnel Services of the investigation with Fremont Police Department Case #.
  3. In severe cases, if the parents cannot or will not come to the school, the principal is authorized to call an ambulance to remove the student to a hospital.  Parents will be notified of this action and shall be responsible for the incurred expenses.
  4. Upon reasonable evidence of drug use, the student will be suspended from school for five (5) days.
  5. A parent conference shall be conducted.
  6. Referral to an appropriate community counseling program with the expectation that at least one counseling session will be held during the time of suspension.
  7. A schedule of regular appointments with a school counselor or other school official.

In addition, the following action may be taken:

  1. Transfer to another school or alternative school or education program as appropriate.
  2. Recommendation for expulsion.
  3. A second incidence of use or possession of illegal drugs within one (1) year at any school or school activity will result in a recommendation for expulsion as provided by Education Code 48900.

Selling or Providing

When there is reason to believe that a student is selling or is in possession of drugs, the procedures below will be followed. 

  1. The school administrator shall advise the Fremont Police Department and request assistance to complete the investigation.
  2. The school administrator will escort the student to the office and confront him/her with the suspension.  The student should be removed from a classroom by a school administrator or designee when there is reasonable cause.
  3. A search for drugs may be made in accordance with the provisions of Board Policy and Administrative Regulations (CF 5139).

When there is conclusive evidence that a student has actually used, sold, or possessed narcotics or drug paraphernalia on or about school premises or at school-sponsored functions, the police must be notified. Regardless of any legal action taken by the police or probation department, the principal or designee must immediately suspend the student for five (5) school days.

Drugs and Alcohol

The administrator will obtain the Fremont Police Department case number from the investigating officer and contact the Director of Pupil Personnel Services regarding a recommendation to the Board of Education to expel the student.  Refer to the District Child Welfare and Attendance Manual for assistance in completing expulsion forms.

The Director of Pupil Personnel Services will assist the principal in preparing the expulsion request and follow-up with parents and student regarding due process.

The Superintendent/designee is authorized to extend a suspension by a principal subject to the provisions of Education Code 48911(g).

Anabolic Steroids

The Board of Trustees recognized that the use of anabolic steroids presents a serous health hazard to students.

Students who participate in athletics shall also receive information about the hazards of anabolic steroids from their coaches.

Coaches shall report suspected steroid use of appropriate school authorities.

Students found to be using anabolic steroids shall be subject to the policies and regulations established for alcohol and other drugs.