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HCPSS / POLICIES

Policy 1050 – Alcohol, Drug, and Tobacco Free Environment

The purpose of this policy is to establish the educational and disciplinary parameters needed to maintain an alcohol, drug, and tobacco free environment.

Policy Document

I. Policy Value Statement

The Board of Education of Howard County is committed to promoting and providing an alcohol, drug, and tobacco free academic environment for all students that maintains appropriate safeguards for the administration of prescription medication and over-the-counter medication. The Board of Education of Howard County believes that collaboration with parents and the larger community is essential to its success in providing this safe and nurturing environment.

The Board acknowledges that the Howard County Public School System (HCPSS) must ensure a school environment that promotes and protects students’ and employees’ health and ability to learn. School system efforts to deter the use of alcohol, drugs, and tobacco by students will include a comprehensive program that provides appropriate support and intervention services designed to inform students of the negative effects of alcohol, drug, and tobacco use, as well as appropriate consequences for students who violate this policy. The Board believes that schools have a responsibility to help students develop the skills, knowledge, and attitudes necessary to adopt and maintain healthy lifestyles.

II. Purpose

The purpose of this policy is to establish the educational and disciplinary parameters needed to maintain an alcohol, drug, and tobacco free environment.

III. Standards

  1. General

    1. The use, sale, promotion, or distributionof any tobacco product, cigarette rolling papers, or electronic smoking devices by students, HCPSS employees, and visitorsis prohibited at all times and on all property owned, leased, or under the control or sponsored by HCPSS at all times. This includes, but is not limited to indoor and outdoor grounds, walkways and sidewalks, parking lots, buses, school system vehicles, school trips, and virtual classrooms. The prohibition extends to the entire time individuals attend the activity, including during transport. Tobacco products possessed by HCPSS employees should not be visible to students.

    2. The use, sale, promotion, possession,(including constructive possession), or distribution of alcohol or drugs, by students, HCPSS employees, and visitors, on school property or at school-related activities is prohibited at all times.

    3. Prescription medication and over-the-counter medication for students require written medication orders from a licensed prescriber and are to be administered in accordance with medication administration guidelines. (Consult the Howard County Public Schools Health Services Manual for procedures and exceptions).

  2. Curriculum

    1. The HCPSS has developed its Health Education curriculum to conform to state and federal mandates for Safe, Drug-Free, and Tobacco-Free Schools. The goal of the Health Education curriculum is for students to demonstrate the ability to utilize knowledge of alcohol, drugs, and tobacco to develop skills and attitudes that promote a safe and drug free living.

    2. The Health Education curriculum:

      1. Utilizes a skills-based approach to prevent substance use and abuse/misuse through analyzing influences, accessing information, decision making, goal setting, interpersonal communication, self-management, and advocacy skills;

      2. Provides students with functional information on the protective factors, risk factors, and consequences of substance use and abuse/misuse;

      3. Utilizes participatory teaching methods such as role plays, discussions, brainstorming and cooperative learning to develop health literacy.

  3. Employee Training

    The HCPSS will provide training on the provisions of this policy and the implementation procedures for its employees. This training will address:
    1. Employee responsibility regarding the requirements and implementation of this policy.

    2. Early identification of students suspected to be at risk of using/abusing alcohol, drugs, and/or tobacco.

IV. Responsibilities

  1. The Superintendent/designee and school administrators will inform students, parents, employees, and the public that school buildings and school properties are alcohol, drug, and tobacco free and will communicate the provisions of this policy on an annual basis.

  2. The Superintendent/designee will regularly monitor the health education program regarding the use, abuse, and misuse of alcohol, drugs, and tobacco to help students focus on health prevention concepts and to practice life skills in a safe and supportive environment.

  3. The Superintendent/designee and administrators will implement this policy.

  4. The Superintendent/designee will provide a report annually to the Board reviewing the effectiveness of the implementation of this policy and SAP procedures, as well as an accounting of policy violations.

V. Delegation of Authority

The Superintendent is authorized to develop appropriate procedures for the implementation of this policy.

VI. Definitions

Within the context of this policy, the following definitions apply:

  1. Alcohol – Ale, beer, wine, whiskey, rum, gin, or any other spirituous, vinous, malt, or fermented liquor or compound by whatever name it is called. This includes any product that contains the aforementioned liquors or compounds.

  2. Constructive Possession – Having both knowledge of the presence of alcohol, drugs, and/or drug paraphernalia, prescription medication, over-the-counter medication, tobacco, or electronic smoking devices and the ability to control/use them, without having actual physical possession. More than one person may have constructive possession at the same time.

  3. Distribution – The actual or intended sale, transfer, trade, giving, exchange, and/or dispensing in any manner of alcohol, drugs and/or drug paraphernalia, prescription medication, over-the-counter medication, tobacco, or electronic smoking devices. Distribution does not include circumstances where a prohibited substance is possessed or owned collectively by all participants.

  4. Drug – A controlled dangerous substance as listed in Section 5-101(g) of the Criminal Law Article of the Annotated Code of Maryland or a chemical substance when abused or used for unintended and harmful purposes.

  5. Electronic Smoking Devices (ESD) – Any handheld electronic device including but not limited to e-cigarettes, pipes, pens, hookahs, electronic nicotine delivery systems (ENDs) and other devices used for vaping and/or smoking.

  6. Inhalant – Any substance inhaled for the purpose of inducing a condition of intoxication, inebriation or excitement, or otherwise impairs one’s mental faculties.

  7. Intent to Distribute – Possession of alcohol, drugs and/or drug paraphernalia, prescription medication, over-the-counter medication, tobacco or electronic smoking device(s), in or on any item or belonging under the control of the individual or owned by the individual, in such quantity and under such circumstances, observed or discovered, indicating the strong likelihood of distribution.

  8. Over-the-Counter Medication – Medication available without a prescription.

  9. Paraphernalia/Drug Paraphernalia – Any equipment or material of any kind that is used or intended for use in manufacturing, packaging, storing, concealing, and/or introducing a drug into the human body.Drug paraphernalia will also include those items listed in Section 5-101(p) of the Criminal Law Article of the Annotated Code of Maryland.

  10. Parent – Any one of the following, recognized as the adult(s) legally responsible for the student:

    1. Biological Parent – A natural parent whose parental rights have not been terminated.

    2. Adoptive Parent – A person who has legally adopted the student and whose parental rights have not been terminated.

    3. Custodian – A person or an agency appointed by the court as the legal custodian of the student and granted parental rights and responsibilities.

    4. Guardian – A person who has been placed by the court in charge of the affairs of the student and granted parental rights and responsibilities.

    5. Caregiver – An adult resident of Howard County who exercises care, custody or control over the student but who is neither the biological parent nor legal guardian, as long as the person satisfies the requirements of the Education Article, §7-101 (c) (Informal Kinship Care) or has been issued a U.S. Department of Health and Human Service’s Office of Refugee Resettlement (ORR) Verification of Release form entering into a custodial arrangement with the federal government.

    6. Foster Parent – An adult approved to care for a child who has been placed in their home by a state agency or a licensed child placement agency as provided by the Family Law Article, §5-507.

  11. Possession – The presence of alcohol, drugs and/or drug paraphernalia, prescription medication, over-the-counter medication, tobacco or electronic smoking device(s), however small the amount, in or on any item or belonging under the control of the individual or owned by the individual.

  12. Prescription Medication – Substances that under federal law may not be dispensed obtained without a prescription or written certification authorized by a person licensed by the state to do so.

  13. School Bus Stop– A designated location where students board and are discharged from a school bus.

  14. School-Related Activity – Any school system activity, whether held on or off school property, in which a student directly participates (e.g., school field trip, athletic event, or class/graduation activity), or in which the student does not directly participate but represents the school or student body simply by being there (e.g., spectator at a school event).

  15. School System Property – Any property owned or leased by the HCPSS or used by HCPSS for school-related activities. The concept of property extends to school activities such as field trips, use of parks and recreation facilities, proms at hotels, etc. School buses, school bus stops, and facilities scheduled by the school system for student use are considered an extension of school property.

  16. Tobacco – Products derived from the tobacco plant that are smoked, chewed, sniffed, or otherwise consumed, as well as vaping products containing nicotine derived from tobacco. This does not include nicotine replacement therapy.

  17. Tobacco Free Environment – An environment free of tobacco, nicotine, or tobacco-like product, plant or substance, whether natural or synthetic, in any manner or in any form.

  18. Use – 1) A deliberate act of ingesting, injecting, inhaling, absorbing, and/or otherwise introducing into the human body alcohol or drugs; 2) A condition or state of being under the influence of alcohol or drugs. 3) A deliberate act of inhaling or exhaling the fumes of tobacco or any tobacco product that can be utilized like tobacco, including but not limited to snuff, chewing tobacco, herbs, spices, and the like in the mouth or nose.

  19. Vaping – The act of inhaling any products through any electronic smoking device.

  20. Written Medication Order – A written order written by a licensed prescriber, defined in the Howard County Health Services Manual, required for the administration of prescription medication and over-the-counter medication to students during school hours and at school-related events.

VII. References

  • Md. Ann. Code, Criminal Law Article, Sections 5-401 through 5-406,Dangerous Substances, Prescriptions, and Other Substances

  • Md. Ann. Code, Criminal Law Article, Section 10-107 (Distribution of tobacco product or paraphernalia to minor) and Section 10-108 (Possession of tobacco product by minor; use of false identification)

  • Md. Ann. Code, Education Article:

  • Section 6-108 (School Employees - Immunity from Civil Liability);

  • Section 7-412 (Preservation of Rights of Student Seeking to Overcome Drug Abuse);

  • Section 7-411 (Drug Education Program);

  • Section 7-413 (Alcohol Abuse Program);

  • Section 7-305 (Suspension and Expulsion);

  • Section 7-308 (Searches of Students and Schools);

  • Section 26-103 (Drinking or Possessing Intoxicating Beverages on School Premises)

  • COMAR 13A.02.04, Tobacco-Free School Environment

  • COMAR 13A.08.01.08 Substance Use or Distribution

  • COMAR 13A.08.01.11 Disciplinary Action

  • COMAR 13A.08.01.15 Reporting Delinquent Acts

  • Maryland Clean Indoor Air Act, MD. Annotated Code, Health-General Article, Section 24-501, et seq.

  • Howard County Code of Ordinances, Section 12-600, et seq., Smoking in Public Places

C. Relevant Data Sources

D. Other

HCPSS Student Code of Conduct

VIII. History

ADOPTED: June 24, 1993

REVIEWED: December 13, 2018

MODIFIED:

REVISED:

  • April 16, 2009

  • April 6, 2017

  • May 12, 2022

EFFECTIVE: July 1, 2022

Policy History Key

  • Adopted-Original date the Board took action to approve a policy
  • Reviewed-The date the status of a policy was assessed by the Superintendent’s Standing Policy Group
  • Modified-The date the Board took action to alter a policy that based on the recommendation of the Superintendent/designee did not require a comprehensive examination
  • Revised-The date the Board took action on a that policy based on the recommendation of the Superintendent/designee needed a comprehensive examination
  • Effective-The date a policy is implemented throughout the HCPSS, typically July 1 following Board action.