POLICY JFCF/JFCI
Illegal drug use and abuse are prohibited by the ACPS Student Code of Conduct in compliance with all applicable federal, state or local laws and ordinances. Any staff member shall report to the relevant principal or designee any student suspected of being under the influence of alcohol and other drugs (AOD) or in violation of the ACPS Student Code of Conduct related to substance abuse.
The School Board promotes substance abuse prevention programs to educate students and staff about the harmful effects of alcohol, illegal drugs and/or the misuse of legal drugs, and supports intervention programs for those who need help overcoming substance abuse. However, the primary responsibility for helping students who are involved with substance abuse lies with the students and their parents.
I. Generally
Possession of alcohol, or any controlled substance, imitation controlled substance or marijuana, as defined in Va. Code § 18.2-247, or synthetic cannabinoids as defined in Va. Code § 18.2-248.1:1, is prohibited on school property or at a school-sponsored activity.
A. Expulsion
A student who is determined to have brought alcohol, a controlled substance, imitation controlled substance, marijuana, or synthetic cannabinoids as defined in Va. Code § 18.2-248.1:1, onto school property or to a school-sponsored activity may be expelled in accordance with Policy JGD/JGE Student Suspension / Expulsion. The Superintendent may determine, based on the facts of the particular case that special circumstances exist and another form of discipline is appropriate. Any such disciplinary action shall be taken in accordance with Title 22.1, Chapter 14, Article 3 of the Code of Virginia.
B. Required Reporting to Parents and Local Law Enforcement
The Principal shall report a violation of this policy to parents and local law enforcement as required by Policy CLA Reporting Acts of Violence and Substance Abuse.
II. Students with Disabilities
A. Students with disabilities are subject to the provisions of Section I of this policy and may be disciplined to the same extent as a nondisabled student provided the manifestation review committee determines that the violation was not a manifestation of the student’s disability. The provisions of Policy JGDA Disciplining Students with Disabilities will be followed in addition to the regular disciplinary procedures.
B. Additional authority to remove a student with a disability from school for a drug violation.
- In addition to the authority granted in subsection A above, a student with a disability may be removed without parent consent and assigned to an interim alternative education program by school personnel for not more than forty-five (45) school days when the student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency. This option is available regardless of whether a manifestation exists. The removal should not be in excess of any removal imposed on a student without a disability for the same offense.
- For purposes of this forty-five (45) school-day removal, “illegal drugs” and “controlled substance” are defined as follows:
- Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in § 202(c) of the Controlled Substances Act at 21 U.S.C. § 812(c).
- Illegal drug means a controlled substance, but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or under any other provision of federal law.