6A:16-6.4 Handling of substances, firearms and other items
(a) Any school employee who seizes or discovers any substance or item believed to be a controlled dangerous substance, including anabolic steroids, or drug paraphernalia, shall immediately notify and turn over the substance or item to the principal or designee.
1. The principal or designee shall immediately notify the chief school administrator or his or her designee who in turn shall notify the appropriate county prosecutor or other law enforcement official designated by the county prosecutor to receive such information.
2. The school employee, principal or designee shall safeguard the substance or paraphernalia against further use or destruction and shall secure the substance or paraphernalia until such time as the substance or paraphernalia can be turned over to the county prosecutor or designee.
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3. The principal or designee shall provide to the county prosecutor or his or her designee all information concerning the manner in which the substance or paraphernalia was discovered or seized, including:
i. The identity of all persons who had custody of the substance or paraphernalia following its discovery or seizure; and
ii. The identity of any student or staff member believed to have been in possession of the substance or paraphernalia.
4. The principal or designee shall not disclose the identity of any student or staff member who voluntarily and on his or her own initiative turned over the substance or paraphernalia to a school employee, provided that there is reason to believe that the student or staff member was involved with the substance or paraphernalia for the purpose of personal use, not distribution activities, and further provided that the student or staff member agrees to participate in an appropriate treatment or counseling program.
i. For the purposes of this section, an admission by a student or staff member in response to questioning initiated by the principal or teaching staff member, or following the discovery of a controlled dangerous substance, including anabolic steroids, or drug paraphernalia by the principal or teaching staff member shall not constitute a voluntary self-initiated request for counseling and treatment.
(b) Whenever a school employee seizes or comes upon any firearm or dangerous weapon, school officials shall:
1. In the case of a firearm, immediately advise the county prosecutor or appropriate law enforcement official and secure the firearm or weapon pending the response by law enforcement to retrieve and take custody of the firearm or dangerous weapon; and
2. In the case of a dangerous weapon other than a firearm, immediately advise the county prosecutor or appropriate law enforcement official, and secure the firearm or weapon pending the response by law enforcement to retrieve and take custody of the firearm or dangerous weapon.
(c) School employees having custody of a firearm or dangerous weapon shall take reasonable precautions, according to district board of education procedures, to prevent the theft, destruction or unlawful use of the firearm or dangerous weapon by any person.