Shelby High School

II) Drug and Alcohol Policy:

A. Guidelines:

1) Substances covered under these rules include any alcoholic beverage, narcotic drug, hallucinogenic drug,      inhalant, anabolic steroid, methamphetamine, barbiturate, amphetamine, marijuana, nicotine, any other stimulant such as phenylpropanolomine, depressant, intoxicant of any kind, substance purported to be one of the above, any dangerous drug as defined in Section 50-32-101 MCA or any imitation dangerous drug as defined in Section 45-9-111 MCA.  The proper use of medication prescribed by a medical doctor for a student does not violate this rule. The following are prohibited in school buildings, on school grounds, in school vehicles, or at any school-sponsored activities at any location at any time:

a. Possessing, using or purchasing tobacco, alcohol, other drugs and drug paraphernalia or being under the   

    influence.

        b. Selling, providing, distributing or manufacturing tobacco, alcohol, other  drugs, or drug paraphernalia.

2) Students exhibiting evidence of intoxication, incapacitation, or a drug over-dose in school or at school-sponsored events will be transported immediately to a local hospital or facility designated to provide detoxification services, along with immediate notification of parents, legal guardian and/or police.  Following his/her return to school, section V. paragraph C.  Disciplinary Procedures will be implemented.

B. Disciplinary Procedures:

        A. Possessing, using, or purchasing of alcohol and/or other drugs, drug paraphernalia or being    

             under the influence, or students with another student or students who are in possession,  

             using, or purchasing alcohol and/or other drugs will be subject to the following disciplinary 

             consequences.

1. First violation:

·        The parents or legal guardian will be notified.

·        An immediate conference between student and principal or his or her designee will take place

                prior to any recommendation for suspension or expulsion.

·        If the student is using or in possession on school grounds, there will be an 

               immediate request to law enforcement. The student may be detained by the local authorities.

·        The student will be required to complete at least five (5) full days of Out of School Suspension.

·        The student will be required to successfully complete at least three (3) days of In School

               Suspension.

·        An interview assessment by a certified drug treatment expert may be required.

·        A conference with the student, parent or legal guardian, principal, and counselor will take place prior to school reinstatement after suspension. An individualized re-entry plan will be formulated at this time. The plan must be signed by the principal, parent/guardian, student and counselor before the student is remitted to school.

Follow-up activities for the student's re-entry plan options may include, but are not limited to the following:

·        Attending in-school support groups.

·        Following school policies, assessment recommendations, and individualized plan.

·        Attend District sponsored Insight program. (required)

·        Attending academic classes consistently, while maintaining the best grade possible.

·        A report will be made with local law enforcement officials by the school administration. A written report will be filed with the Superintendent of Schools.

2. Second and subsequent violations:

               a.     The parents or legal guardians will be notified.

b.      An immediate conference between student and principal or his or her designee will take place

                       prior to any recommendation for suspension or expulsion.

               c.    A report will be made to local law enforcement officials, by the school administration.

d.     Disciplinary action shall be:

                 1.    The student will be suspended from school for the rest of the day and held by local law

              enforcement authorities.

       2.    In School  Suspension or  Out of School Suspension will be assigned for a period not to  

      exceed ten (10) school days.

      3.     The principal may recommend expulsion of the student.       

      4.     If student remains in school, he/she must contract to complete at least 30 hours of classes

                            and/or programs on drug education. Failure to complete this requirement will result in further

                            disciplinary consequences which may include expulsion.

e.      The student may be expelled by the Board or Trustees. An individualized plan will be 

        formulated for each re-entering student during the same academic year.

        A written report will be filed with the Superintendent

   A. Selling/providing/distributing/manufacturing alcohol and other drugs  and/or drug  paraphernalia   

          will result in the following:

a.     The parents or legal guardians will be notified. The student will be suspended from school for

                      the rest of the day and held by local law enforcement authorities.

               b.     An immediate due process hearing between student and principal or his/he designee will

         take place prior to a recommendation for expulsion.

                c.     A report will be made with the local law enforcement officials and the Superintendent of Schools,

                       by the school administration.

                d.     Disciplinary due process will result in suspension of the student from attendance for a

                         period not to exceed ten (10) days and may be recommended for expulsion.

e.      The student may be expelled by the Board of Trustees.                                          

        A written report will be filed with the Superintendent.

     B. Possessing or using tobacco products will result in the following:

1.       First Violation:

a.      The parents/guardian will be notified.

b.     The student will be assigned to 5 hours of detention and will be required to complete the district   insight program or an assignment related to tobacco.

          2.       Second Violation:

a.      The parents/guardian will be notified.

b.     The student will be assigned two days of ISS.

   c.    The parent/guardian will be required to come in for a conference with the principal and

          student.      

           3.      Continued Violations:

                   a.     The parent/guardian will be notified.

                    b.     Disciplinary due process will result in:

                           1. The student will be suspended from school not to exceed 10 (ten) school days. In or   

                                  Out of School Suspension.

                               2. The student may be recommended for expulsion.

                4.        The student may be expelled by the Board of Trustees.

C. Search and Seizure:

School authorities may conduct a  search of a student's person or property that is based on a reasonable suspicion that the student has in his/her possession any item of an illicit nature or other such contraband that he/she is forbidden to possess. Student’s backpacks, coats and personal items may be searched. The District may employ the services of a canine detection agency to assist in the promotion of a safe and drug-free environment.

Searches of the person or a student shall be conducted by a building administrator or his or her designee, or school security personnel in a private room by a person of the same sex as the student being searched.  A witness of the same sex shall be present during the search. Lockers, desks and tote trays are considered school property.  The school has authority over all such items and reserves the right to conduct an appropriate search for the purpose of preserving discipline, health, and safety.  Unauthorized locks may be removed and destroyed without notice. Any contraband or controlled substance discovered as a result of a search shall be seized and turned over to local law enforcement officials.  A written report will be made to the appropriate officials of any incident involving controlled substances or contraband.  This report shall include the names of persons involved, the date, time and location of the incident, a description of the item(s) seized and the exact location. 

Vehicles parked in and around the school are subject to the above search and seizure procedures.

Any action by a student who fails to cooperate with or hinders an appropriate search shall be construed as grounds for disciplinary action and may include suspension and/or recommendation for expulsion.

D. Law Enforcement:

When law enforcement officers or other law authorities wish to question or interview a student at school:

               *The Principal will verify and record the identity of the officer or other authority and ask for an

                 explanation of the need to question or interview the student. 

               *The Principal ordinarily will make reasonable efforts to notify parents unless the

                 interviewer raises what the principal considers to be valid objections.

               *The Principal ordinarily will make reasonable efforts to notify parents unless the interviewer

                 raises what the principal considers to be a valid objection.

*The Principal ordinarily will be present unless the interview raises what the principal considers     

   to  be a valid objection.

               *The Principal will cooperate fully regarding the conditions of the questioning or interview is part

                of a child abuse investigation.

E. Students Taken into Custody:

State law requires the District to permit a student to be taken into legal custody:

               *To comply with an order of the juvenile court.

               *To comply with laws of arrest.

               *By a law enforcement officer if there is probable cause to believe the student has engaged in

                delinquent conduct or conduct in need of supervision.

               *By a probation officer if there is probable cause to believe the student has violated a condition of

                 probation imposed by the juvenile court.

               *To comply with a properly issued directive to take a student into custody.

               *By an authorized representative of Child Protection Services, Montana Department of Protective

                and  Regulatory Services, a law enforcement officer, or a juvenile probations officer, without a

                court order, under the conditions set out in the Montana Code relating to the student’s physical