6A:16-4.3 Reporting, notification and examination procedures for students suspected of being under the influence of alcohol or other drugs
(a) In instances involving alcoholic beverages, controlled dangerous substances other than anabolic steroids, or any other chemical or chemical compound as identified in N.J.S.A. 18A:40A-9 and N.J.A.C. 6A:16-4.1(a), the following shall apply:
1. Any educational staff member or other professional to whom it appears that a student may be currently under the influence of alcohol or other drugs on school property or at a school function shall report the matter as soon as possible to the principal and the certified or noncertified school nurse or the school physician, according to the requirements of N.J.S.A. 18A:40A-12.
i. In the absence of the principal, his or her designee shall be notified.
26
ii. In instances where the principal and the certified or noncertified school nurse or the school physician are not in attendance, the staff member responsible for the school function shall be immediately notified.
iii. The referring staff member shall complete the Violence, Vandalism and Substance Abuse Incident Report, according to the requirements of N.J.S.A. 18A:17-46 and N.J.A.C. 6A:16-5.3.
2. In response to every report by an educational staff member or other professional of suspected student alcohol or other drug use, the principal or his or her designee shall:
i. Immediately notify the parent and the chief school administrator; and
ii. Arrange for an immediate medical examination of the student for the purposes of providing appropriate health care for the student and for determining whether the student is under the influence of alcohol or other drugs, other than anabolic steroids.
3. The medical examination shall be performed by a physician licensed to practice medicine or osteopathy that is selected by the parent.
i. The district, in cooperation with medical professionals licensed to practice medicine or osteopathy, may establish the minimum requirements for the medical examination.
ii. When the medical examination is conducted by a physician selected by the parent, the examination shall be at the expense of the parent and shall not be at the expense of the district board of education.
4. If the physician chosen by the parent is not immediately available, the medical examination shall be conducted by the school physician.
i. If the school physician is not available, the student shall be accompanied by a member of the school staff, designated by the principal, to the emergency room of the nearest hospital for examination.
ii. The student's parent, if available, shall also accompany the student.
iii. When the medical examination is conducted by the school physician or a physician at the emergency room of the nearest hospital, such examination shall be at the expense of the district board of education.
5. Each district board of education shall have a plan in place for the appropriate supervision of the student:
i. While waiting for a parent to take the student to the physician selected by the parent, or while the student is waiting for and receiving the medical examination by the school physician or an emergency room; and
ii. Provisions shall be made for the appropriate care of the student while awaiting the results of the medical examination.
6. A written report of the medical examination shall be furnished to the parent or guardian of the student, the principal and the chief school administrator by the examining physician within 24 hours of the referral of the student for suspected drug or alcohol use.
i. The district, in cooperation with the school physician or medical professionals licensed to practice medicine or osteopathy, may establish the minimum requirements for the medical report.
7. When the medical examination is performed by a physician other than the school physician or at the emergency room of the nearest hospital, the district shall require the parent to verify that a medical examination was performed within 24 hours of the referral of the student for suspected drug or alcohol use. Such verification shall include, at a minimum, the signature, printed name, address and phone number of the examining physician indicating the report required by (a)6 above is pending, and the date by which the report will be provided.
i. Refusal or failure by a parent to comply with this requirement shall be treated as a policy violation and handled in accordance with (d) below.
8. If the written report of the medical examination is not submitted to the parent, principal and chief school administrator within 24 hours of the referral of the student for suspected drug or alcohol use, the student shall be allowed to return to school until such time as a positive determination of alcohol or other drug use is received from the physician.
9. If the written report of the medical examination verifies that alcohol or other drugs do not interfere with the student's physical and mental ability to perform in school, the student shall be immediately returned to school.
10. If there is a positive determination from the medical examination, indicating that the student's alcohol or other drug use interferes with his or her physical or mental ability to perform in school:
i. The student shall be returned to the care of a parent as soon as possible.
ii. Attendance at school shall not resume until a written report has been submitted to the parent, the principal and chief school administrator from a physician licensed to practice medicine or osteopathy who has examined
the student to determine whether alcohol or other drug use interferes with his or her physical or mental ability to perform in school.
iii. The report shall verify that the student's alcohol or other drug use no longer interferes with his or her physical and mental ability to perform in school; and
iv. Removal of a student with a disability shall be made in accordance with N.J.A.C. 6A:14-2.8.
11. While the student is at home because of the medical examination or after the student returns to school, a substance awareness coordinator or individuals who hold school nurse, school psychologist, school social worker, or student personnel services endorsements on the Educational Services Certificate and are trained to assess alcohol and other drug abuse shall:
i. Conduct an alcohol and other drug assessment of the student and a reasonable investigation of the situation for the purpose of making a preliminary determination of the student's need for educational programs, supportive services or treatment which extend beyond the general school program by virtue of the use of alcohol or other drugs by the student. The findings of the assessment alone shall not be used to prevent a student from attending school; and
ii. Cooperate with community agencies as defined in N.J.A.C. 6A:16-4.1(b) and juvenile justice officials in providing evaluation, referral and continuity of care for substance abuse treatment.
12. While the student is at home because of the medical examination or after his or her return to school, the principal or chief school administrator may recommend or require alcohol and other drug assessment of the student or evaluation by appropriately certified or licensed professionals to make a positive determination of a student's need for programs and services which extend beyond the general school program, as necessary. The findings of these additional evaluations alone shall not be used to prevent a student from attending school.
13. If at any time it is determined that the student's use of substances presents a danger to the student's health and well-being, the substance awareness coordinator or individuals who hold school nurse, school psychologist, school social worker, or student personnel services endorsements on the Educational Services Certificate and are trained in alcohol and other drug abuse treatment referral shall initiate a referral for substance abuse treatment.
14. The district board of education may provide additional intervention and referral services for the student according to the requirements of N.J.S.A. 18A:40A-10 and N.J.A.C. 6A:16-7.1 through 7.3.
(b) In instances involving the suspected use of anabolic steroids, the following shall apply according to the requirements of N.J.S.A. 18A:40A-12(b):
1. Whenever any teaching staff member, certified or noncertified school nurse or other educational personnel shall have reason to believe that a student has used or may be using anabolic steroids, that person shall report the matter as soon as possible to the principal (or, in his or her absence, to his or her designee) and to the certified or noncertified school nurse or school physician or to the substance awareness coordinator.
2. The principal or designee shall immediately notify the parent and the chief school administrator and shall arrange for an examination of the student by a physician licensed to practice medicine or osteopathy selected by the parent.
i. If the physician chosen by the parent is not available to perform the examination, the examination shall be conducted by the school physician.
ii. The student shall be examined as soon as possible for the purpose of determining whether the student has been using anabolic steroids.
3. The examining physician shall provide a written report of the examination to the parent and to the chief school administrator.
4. If it is determined that the student has used anabolic steroids, a substance awareness coordinator or individuals who hold school nurse school psychologist, school social worker, or student personnel services endorsements on the Educational Services Certificate and are trained to assess alcohol and other drug abuse shall interview the student and others, as necessary, for the purpose of determining the extent of the student's involvement with and use of these substances and the possible need for referral for treatment.
i. To make this determination, the school staff members identified in (b)4 above may conduct a reasonable investigation which may include interviews with the student's teachers and parent.
ii. The school staff members identified in (b)4 above may also consult with physicians and such experts in the field of substance abuse as may be appropriate.
5. If the results of a referral for evaluation have positively determined that the student's involvement with and use of these substances represents a danger to the student's health and well-being, the substance awareness coordinator or individuals who hold school nurse, school psychologist, school social worker, or student personnel services endorsements on the Educational Services Certificate and are trained to assess alcohol and other drug abuse shall initiate a referral for treatment to appropriate community agencies as defined in N.J.A.C. 6A:16-4.1(b), 30
to out-of-State agencies licensed by the appropriate State regulatory agency for alcohol and other drug services, or to private practitioners certified by the appropriate drug and alcohol licensing board.
(c) Any educational or non-educational school staff member who in good faith reports a student to the principal or his or her designee in compliance with the provisions of this subsection shall not be liable in civil damages as a result of making such a report, as specified in N.J.S.A. 18A:40A-13 and 14.
(d) Refusal or failure by a parent to comply with the provisions of N.J.S.A. 18A:40A-12 and this section shall be treated as a policy violation of the Compulsory Education Act, pursuant to N.J.S.A. 18A:38-25 and 31, and child neglect laws, pursuant to N.J.S.A. 9:6-1 et seq.
(e) Refusal or failure of a student to comply with the provisions of N.J.S.A. 18A:40A-12 and this section shall be treated by the district as a policy violation and handled in accordance with N.J.A.C. 6A:16-4.1(c)2.