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Howell Township Public School District - Howell, New Jersey      

Howell Student Assistance Program Updated 12-17-08

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NJ School Substance Abuse Law

To read the NJ School Substance Abuse Law 6A:16-4.3 in its entirety please use the following URL: http://www.state.nj.us/njded/code/title6a/chap16/

Summary of NJ School Substance Abuse Law 6A:16-4.3

Required reporting, notification and examination procedures for students suspected of being under the influence of alcohol or other drugs at school or at a school function:

The parents/guardians are required to obtain an immediate medical examination for the child suspected of being under the influence of alcohol or other drugs. This examination is to be completed by a licensed physician of the parent’s choice and is at the parent’s expense.  District policy requires this examination to include a physical examination and a urine drug screen.

A written report of the medical examination must be given to the principal within 24 hours of the referral. If the written report is not available after 24 hours, the child may return to school until the results are received, providing the school nurse receives verification from the physician that the medical examination was completed.

When the results of the examination are received one of the following shall apply: 1.  If the results of the medical examination are negative, the child may remain in school.  2.  If the results of the medical examination are positive for alcohol or drug use, the child will be immediately returned to the care of the parents for the purpose of obtaining required medical clearance.  The child will not be permitted to resume attendance until the physician provides a medical clearance note specifically stating that alcohol or other drug use no longer interferes with the child’s physical or mental ability to perform in school.

A student who has tested positive for alcohol or other drugs must be interviewed by the District Student Assistance Coordinator to determine the need for treatment, if any.  

Refusal or failure by a parent or guardian to comply with the requirements of 6A: 16-4.3 shall be treated as a policy violation of the Compulsory Education Act, pursuant to N.J.S.A. 18A: 38-25 and 31, and child neglect laws, pursuant to N.J.S.A. 9:6-1 et seq. 

Refusal or failure of a student to comply with the provisions of N.J.S.A. 18A: 40A-12 and N.J.A.C. 6A: 16-4.1 shall be treated by the district as a policy violation and handled in accordance with N.J. A.C. 6A: 16-4.1 (c) 2. 

In accordance with 6A: 16-4.1, any violation of Board rules prohibiting the use, possession and/or distribution of a substance is a serious offense, and the pupil who violates a substance abuse rule will be disciplined with a maximum of 10 days out of school suspension with the possibility of further suspension or expulsion, in appropriate cases.  Repeated violations are considered more severe offenses and warrant more stringent disciplinary measures, which may include additional punitive action including expulsion in appropriate cases.  A pupil convicted of drug use, possession, and/or distribution may be admitted to school on the recommendation of the building administrator or school superintendent. A pupil who has been removed from school for his or her involvement with drugs, other than a pupil suspended from school, shall be placed on home instruction.

A student who has violated the substance abuse rules and his or her parents must meet with the Building Administrator (or designee) and the Student Assistance Coordinator prior to returning to school.

 

 

 

 

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