EMPLOYEE SUBSTANCE ABUSE
Policy # 4119.23
General - All Employees
The use of alcoholic beverages in school worksites is prohibited. Violations of this
prohibition may subject an employee to disciplinary action, which may include but is
not limited to non-renewal, suspension, or termination at the discretion of the Board.
The unlawful manufacture, distribution, dispensing, possession of, use of or sale of
any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any
other controlled substance on or in school worksites is prohibited. Any violation
may subject an employee to participation in a drug rehabilitation program and
disciplinary action including but not limited to non-renewal, suspension, or
termination at the discretion of the Board of Education. The Board may provide, if
appropriate, an Employee Assistance Program. (Reference Policy 4146.1)
For the purposes of this policy "worksite" shall include any school building, or any
school premises and any school-owned vehicles or any other school-approved vehicle
used to transport students to and from school or school activities. Worksite also
includes off-school property during any school-sponsored or school-approved
activity, event or function such as a field trip or athletic event, where students are
under the jurisdiction of the school district.
The Board of Education, as a result of criminal convictions of any criminal drug
statute violation by an employee occurring outside of the worksite, may discipline said
employee. Disciplinary action may include, but is not limited to non-renewal,
suspension, or termination at the discretion of the Board.
Illegal gambling is not permitted in or on the school worksite.
Smoking by employees in school buildings, on school grounds, or in the
school worksite is prohibited.
The Chief School Administrator shall establish a drug-free awareness program, which
includes notice of the dangers of drug abuse in the workplace and available drug
counseling programs and shall distribute this policy to all employees annually. New
employees shall be provided with a copy of this policy prior to beginning work
assignments.
The cost of any extended evaluation program or substance abuse rehabilitation
program shall be the responsibility of the employee. If the employee's insurance does
not cover the full cost of either program, the Board of Education shall cover the
difference.
Work Performance in Connection with a Federal Grant
In order for the school district to qualify for any direct federal grant, the district must
certify that it will provide a drug-free workplace and maintain a good faith effort to
continue to maintain a drug-free workplace. To this end, employees engaged in school
worksites as a result of federal grant moneys shall in addition to complying with
requirements of the programs shall also be in strict compliance with this policy.
The Chief School Administrator shall notify all employees whose work performance is
done in connection with a federal grant that they are to notify their respective
supervisors of convictions of any criminal drug statute violation occurring in the
workplace. Employees must notify their supervisors no later than five days after such
conviction. To be in compliance, the district must notify the federal grant program of
such conviction within 10 days of receipt of said conviction.
Legal References: N.J.S.A. 2C:33-16
Alcoholic beverages; bringing or possession
on school property by person of legal age;
penalty
N.J.S.A. 2C:35-1 et seq.
Controlled dangerous substances
N.J.S.A. 18A:11-1
General mandatory powers and
duties
N.J.S.A. 18A:16-2
Physical examinations;
requirement
N.J.S.A. 18A:27-4
Power of boards of education to make rules
governing employment of teacher, etc.;
employment thereunder
N.J.S.A. 18A:36-32
Cigarette coin-operated vending machines;
operation, installation or maintenance on
property used for school purposes; fine
N.J.S.A. 18A:54-20
Powers of board (county vocational
schools)
N.J.S.A. 26:3D-15
through -21
Legislative findings and declarations ...
(smoking in educational institutions)
N. J. A. C. 6A:16-6.3
Reporting students or staff members to law
enforcement authorities
N. J. A. C. 6A:16-6.5
Confidentiality of student or staff member
involvement in substance abuse
intervention and treatment programs
N. J. A. C. 6A:26-12.2(a)4
Policies and procedures for school facility
operation
New Jersey Constitution, Art. IV, 搂 VII, par. 2
Anti-Drug Abuse Act of 1988
Drug-Free Workplace Act of 1988
A Uniform State Memorandum of Agreement Between Education and Law
Enforcement Officials (1999 Revisions)
No Child Left Behind Act of 2001, Pub. L. 107-110, 20 U.S.C.A. 6301
et seq.
Possible
Cross References: *1330
Use of school facilities
*1410 Local units
*3220/3230 State funds; federal funds
*3515 Smoking prohibition
*4112.4
Employee health
4117.50 Standards for staff discipline
*4219.23 Employee substance abuse
*5131.6 Drugs, alcohol, tobacco (substance abuse)
*Indicates policy is included in the Critical Policy Reference Manual.
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