Under the Influence of a Controlled, Dangerous Substance
When a student is suspected of being under the influence of a controlled, dangerous substance, Hampton Academy follows the procedure prescribed in New Jersey Statute Annotated 18A:40-4.1, which is as follows:
18A: 40-4.1. Examination of public school pupils who may be under the influence of drugs or certain toxic chemical compounds. Whenever it shall appear to any teaching staff member, school nurse or other educational personnel of any public school in this state that a pupil may be under the influence of a controlled dangerous substance as defined in P.L. 1970, chapter 226, section 2 (C. 24:21-2) or any chemical or chemical compound which releases vapor or fumes causing a condition of intoxication, inebriation, excitement, stupefaction or dulling of the brain or nervous system, including but not limited to glue containing a solvent having the property of releasing toxic vapors or fumes, as defined in P.L. 1965, chapter 41, section 1 (C. 2A:170-25.9) taken for purposes other than the treatment of sickness or injury as prescribed or administered by a person duly authorized by law to treat the sick and injured human beings, such as teaching staff member, school nurse or other educational personnel shall report the matter as soon as possible to the school nurse or medical inspector, as the case may be, and to the principal or, in his absence, to his designee. The principal or his designee shall immediately notify the parent or guardian and the superintendent of schools, if there be one, or the administrative principal and arrange for an immediate examination of the pupil by a doctor selected by the parent or guardian, or if such doctor is not immediately available, by the medical inspector, if he is available. If such doctor or medical inspector is not immediately available, the pupil shall be taken to the emergency room of the nearest hospital for examination accompanied by a member of the school staff designated by the principal and a parent or guardian of the pupil if available. The pupil shall be examined as soon as possible for the purpose of diagnosing whether or not the pupil is under such influence. A written report of said examination shall be furnished within 24 hours by the examining physician to the parent or guardian of the pupil and to the superintendent of schools or administrative principle. If such diagnosis is positive, the pupil shall be returned to his home as soon as possible and appropriate data shall be furnished to the department of health pursuant to the “Controlled Dangerous Substances Registry Act of 1970,” P.L. 1970, chapter 227 (C. 26:2G-17 et seq.). The pupil shall not resume attendance at school until he submits to the principal a written report certifying that he is physically and mentally able to return thereto, which report shall be prepared by his personal physician, the medical inspector or the physician who examined him pursuant to the provisions of this act [18A40-4.1 and 18A: 40-4.2].
Source: L. 1971, c. 390, § 1.
Suspicion – Possession of a Controlled, Dangerous Substance
It is the policy of Hampton Academy that no student may possess a controlled dangerous substance. If an investigation proves that a student does possess a controlled dangerous substance, the parent/guardian will be immediately notified by the Director or his/her designee and the appropriate sanction will be effectuated.
It is Hampton Academy’s responsibility to protect the health and safety of its students and its staff.
If a staff member has a reasonable suspicion that a student is in possession of a controlled dangerous substance, the student will be maintained under staff supervision and a search will be conducted by the Director or his/her designate in accordance with the Hampton Academy Searches of Student Property policy. If a controlled dangerous substance is found the following will occur:
- The substance will be confiscated, an investigation will be initiated, and local law enforcement authorities will be immediately notified. Charges will be filed if the law enforcement authority deems it appropriate. In all cases, the substance will be turned over to the local law enforcement agency.
- The parent/legal guardian will be notified immediately by the Director or his/her designee.
- The sending school district case manager will be notified by the Director or his/her designee.
- The student will be suspended from school for at least 3 days.
- Prior to reentry into our school program, a mandatory parent conference will be held with the clinician, disciplinarian and sending district representative to discuss the continued appropriateness of the student’s placement at Hampton Academy.
- If it is decided to retain the student at Hampton Academy, the student may be required to attend drug and alcohol counseling, if deemed appropriate.
- If the student is required to attend drug and alcohol counseling and does not comply, a second meeting will be held to discuss the continued appropriateness of the student’s placement at Hampton Academy.
Transmission/Sale of a Controlled, Dangerous Substance
Students who are suspected of transmitting and/or selling a controlled, dangerous substance will be referred to the local law enforcement authorities and suspended from the Academy for five days. Also, a meeting will be held among the parent/guardian, a representative of the resident district and Academy staff members to discuss possible dismissal from Hampton Academy. In the event it is decided the student may return to Hampton Academy, the student will be required to attend the drug and alcohol program upon return.