6A:16-4.1 Adoption of policies and procedures for the intervention of student alcohol and other drug abuse

(a) Each district board of education shall adopt and implement policies and procedures for the assessment, intervention, referral for evaluation, referral for treatment, and discipline of students whose use of alcohol or other drugs has affected their school performance, or for students who consume or who are suspected of being under the influence of the following substances in school or at school functions, according to the requirements of N.J.S.A. 18A:40A-9 , 10 and 11:

1. Alcoholic beverages;

2. Any controlled dangerous substance, as identified in N.J.S.A. 24:21-2 ;

3. Any chemical or chemical compound which releases vapor or fumes causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system, including, but not limited to, glue containing a solvent having the property of releasing toxic vapors or fumes, as defined in N.J.S.A. 2A:170-25.9 ;

4. Over-the-counter and prescription medications which are improperly used to cause intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system; and

5. Anabolic steroids.

(b) In adopting and implementing policies and procedures for the assessment, intervention, referral for evaluation and referral for treatment of alcohol or other drug-affected students, district boards of education shall consult with community agencies licensed by the New Jersey Department of Health and Senior Services, Division of Addiction Services, out-of-State agencies licensed by the appropriate State regulatory agency for alcohol and other drug services or private practitioners certified by the appropriate drug and alcohol licensing board.

(c) Each district board of education's alcohol and other drug policies for students using substances, as defined in N.J.A.C. 6A:16-4.1(a), shall include the following components:

1. The role of appropriate school staff when handling a variety of possible alcohol or other drug-related situations involving students on school property or at school functions;

2. Specific procedures, sanctions and due process provisions for violations of the alcohol and other drug policy requiring disciplinary action by the district board of education, including consequences for not following through on the recommendations of an evaluation for alcohol or other drug abuse and related behaviors. The sanctions should be graded according to the severity of the offense, the nature of the problem and the student's needs;

3. Appropriate steps for ameliorating student problems related to alcohol and other drug use and for providing support for student transitions to and from health and social service agencies;

4. Specific procedures to govern instances where emergency room services are required in treating alcohol or other drug-affected students;

5. The provision of assessment or evaluation services for students who are affected by alcohol or other drug use. These services shall include any of the following:

i. Assessment by individuals who are certified by the State Board of Examiners of the New Jersey Department of Education as substance awareness coordinators or by individuals who hold the following endorsements on the Educational Services Certificate: school nurse, school psychologist, school social worker, or student personnel services and are trained to assess alcohol and other drug abuse;

ii. Examination by a physician for the purpose of determining whether alcohol or other drug use interferes with a student's physical and mental ability to perform in school a student is under the influence of alcohol or other drugs;

iii. Referral for evaluation to a community agency, as defined in N.J.A.C. 6A:16-4.1(b), or to out-of-State agencies licensed by the appropriate State regulatory agency for alcohol and other drug services, or private practitioners certified by the appropriate drug and alcohol licensing board; and

iv. Evaluation by the child study team to determine a student's eligibility for special education and related services, pursuant to N.J.A.C. 6A:14-3.5 and 3.6;

6. The provision of intervention, referral for evaluation and referral for treatment services for students who are affected by alcohol or other drug use. Intervention, referral for evaluation and referral for treatment shall be provided by individuals who are certified by the State Board of Examiners of the New Jersey Department of Education as substance awareness coordinators or by individuals who hold the following endorsements on the Educational Services Certificate: school nurse, school psychologist, school social worker, or student personnel services and are trained in alcohol and other drug abuse intervention, assessment, referral for evaluation and referral for treatment skills. These programs and services shall include any of the following:

i. Provisions for a program of instruction, counseling and related services provided by the district board of education while a student is receiving medical treatment for a diagnosed alcohol or other drug dependency problem;

ii. Referral to a community agency as defined in N.J.A.C. 6A:16-4.1(b) or to out-of-State agencies licensed by the appropriate State regulatory agency for alcohol and other drug services, or private practitioners authorized by the appropriate drug and alcohol licensing board;

iii. Provisions for support services for students who are in, or returning from, medical treatment for alcohol and other drug dependency; and

iv. A special class, course or educational program designed to meet the needs of students with alcohol or other drug use problems; and

7. Provisions for assisting parents who believe that their child may be involved with alcohol or other drug use, in accordance with the requirements of N.J.S.A. 18A:40A-17(b) .