443.4

ALCOHOL AND OTHER DRUG ABUSE (AODA)

The FriessLakeSchool District, in providing students a comprehensive quality education, recognizes its responsibilities to address the concerns of alcohol and other drug abuse (AODA). These responsibilities pertain to: (I.) Definition: (II.) Education; (III.) Discipline procedures to provide students with a drug-free and alcohol-free school environment; (IV.) Confidentiality of alcohol and other drug abuse situations as per Wisconsin State Statute 118.126.

  1. Definition

The Board prohibits the use, possession, concealment, or distribution of any drug and any drug-paraphernalia at any time on District property or at any District-related event.

For purposes of this policy “drugs” shall mean:

  1. all dangerous controlled substances as so designated and prohibited by

Wisconsin Statute:

  1. all chemicals with release toxic vapors:
  2. all alcoholic beverages and tobacco;
  3. any prescription or patent drug, except those for which permission to use in school has been granted pursuant to Board policy;
  4. “look-alikes”;
  5. anabolic steroids;
  6. any other illegal substances so designated and prohibited by law.
  1. Education

It shall be the policy of the Friess Lake School District to take positive action to prevent and/or reduce alcohol and other drug abuse through education, staff development, counseling, parental involvement, and/or referral to community agencies. Students shall also be made aware of Board policy on AODA via the student handbook.

  1. Discipline Procedures
  1. Definitions
  1. Mood-altering substance – A mood-altering substance is defined as:
  2. a controlled substance under Chapter 961, Wisconsin Statutes, and

443.4 (2)

B. inhalants such as nitrous oxide or other volatile substances including but not limited to paint thinner, pints, and aerosols.

2. Look-alike substance –A look-alike substance is definesubstance which is of a nature, appearance or effect that will allow a person to display, sell, distribute or use the look-alike substance as if it were a controlled substance.

3. Intoxicant-intoxicant is any beverage that may be legally sold as alcohol. This includes, but is not limited to, fermented malt beverages, intoxicating liquor and wine.

  1. Drug Paraphernalia – drug Paraphernaliameans allequipment, products, and materials of any kind that are used or solely intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance. Drug paraphernalia includes all of the equipment, products, and materials defined in section 961.571 of the Wisconsin State Statues.
  1. Consequences for the Use or Possession of Intoxicants or Mood

Altering Drugs Not Prescribed by a Physician

Any student of the Friess Lake School District using, having any evidence in one’s body, in possession of or under the influence of intoxicants, mood-altering drugs not prescribed by a physician or in possession of related drug paraphernalia at any time (24 hours per day) on school premises or at a school-related activity shall automatically be subject to the following:

Any violation of the AODA policy shall be reported immediately to the law enforcement agency by the District Administrator/designee.

1.First Violation – Students found to be in violation of the rule for the first time during their tenure in the FriessLakeSchool District will receive an automatic three (3) day in-school suspension at which time the student will receive and complete a District-approved AODA educational program.

443.4 (3)

This program will be set up prior to the student returning to class. The student is also required to seek counseling from either qualified school personnel or a designated community agency and follow any and all recommendations set forth. Failure to comply with any of the above requirements will result in the commencement of the pre-expulsion process.

  1. Second Violation – Any student found to be in violation of this

rule for a second time will receive an automatic suspension of up to fifteen (15) days and will be recommended to the Board of Education for expulsion from the Friess Lake School District for a minimum of the remainder of the semester during which the offense occurs and the next full semester. The student shall, if expelled, receive no credit toward graduation for said semester. Readmission will be subject to the provisions of section D (below).

  1. Consequences for Selling, Dealing, or Giving Away Intoxicants or

Mood Altering Drugs

  1. Irrespective of the procedures set forth herein, any student found to be exchanging, distributing, selling, attempting to sell, giving away, or possessing with the intention of exchanging, distributing, selling or giving away of intoxicants, mood-altering drugs or paraphernalia on school premises or while participating in or attending any school related activity, will be subject to the same penalty normally provided for a second violation as indicated above.
  1. Any student found to be exchanging, distributing, selling, attempting to sell, or giving away to another any substance, regardless of its true nature, which such student has represented in any manner to be an intoxicating or mood-altering drug, on school premises or while attending a school-related activity, will be subject to the same penalty normally provide for a second violation as indicated above.

Wisconsin law shall control when determining intent.

  1. Readmission to School after a Second Violation

Any student who has been expelled in accordance with Rule B (2) above may request re-entry into the FriessLakeSchool District via the District Administrator after expulsion for the balance of the semester and the next full semester. If such a request is made, the student will be required to display evidence that he or she has developed and

443.4 (4)

attitude which clearly indicates that the individual will not again violate the Board’s Alcohol and Other Drug Abuse Policy. The Re-entry process must be initiated administratively by the District Administrator.

  1. Student Enrollment in Non-Public Education During the Period of

Rules Enforcement

Any student who elects to enroll in any non-public education during the period of time affected by these rules and then chooses to re-enroll in the FriessLakeSchool District will be enrolled only under conditions specified by the Board, upon consideration of recommendations by the District Administrator.

  1. Review of Student Drug and Alcohol Abuse Policy and Rules

The student drug and alcohol policy and its administrative rules will be reviewed every two years in order to:

  1. determine their effectiveness and implement changes if they are needed: and
  2. ensure that they are being consistently enforced.
  1. Ensuring Confidentiality

All records regarding AODA incidents are classified as confidential and subject to Wisconsin State Statute 118.126

LEGAL REFERENCE:WISCONSIN STATUTES

115.64 (4)

118.126Privileged communications.

118.24(2)(f)School District Administrator-cooperation

118.257Health examinations.

120.13(1)School Board Powers

125.02(8) mDefinitions.

125.037Civil liability exemption for municipalities.

125.09(2)General restrictions.

961.49-961.495Distribution of or possession with intent to deliver

961.571Definitions of Drug Paraphernalia

120.13(1)(a)(b)(c)School Board Powers

Drug Free Schools and Communities Act

Amendments of 1989

CROSS REFERENCE:443.4 RuleStudent Alcohol and Other Drug Abuse

Disciplinary Procedures

Approved: September 23, 1999 FRIESS LAKE SCHOOL DISTRICT

Hubertus, Wisconsin