ADMINISTRATIVE PROCEDURE - 5131.2
The Irvine Unified School District and participating law enforcement agencies have agreed to work in a cooperative manner with students involved in substance use. Procedures outlined have been reviewed by the agencies involved and will be in effect until such time as it is mutually agreed to revise them. All agencies involved in assisting students in substance abuse cases have agreed to cooperate and work together in assessing corrective measures to avoid duplications and unfair punishment. The schools have agreed to release all controlled substances confiscated from students to the appropriate law enforcement agency. It is the intent of the Irvine Unified District to provide a safe, alcohol and drug free environment for all of our students. Acts for which students may be disciplined by school officials include student conduct on school property, or while going to or from school, or while engaged in or attending a school activity.
Alcohol, Marijuana, and Other Controlled Substances
The provisions of this section shall apply to alcohol and other drug use violations including, but not limited to, using, possessing, distributing, manufacturing, or being under the influence of a controlled substance. The provisions also apply to using, possessing (substance or paraphernalia), manufacturing, or distributing drug paraphernalia.
First Violation (Other than Distributing or Manufacturing)
A. Disciplinary Action: The first violation for using, possessing, or being under the influence of alcohol , marijuana or any other controlled substance shall result in: a) suspension from school for a minimum of two days, b) required participation in a three-day Substance Abuse Prevention Education Program, and c) suspension for 10 school days from all student school-sponsored activities (athletic teams, performing arts events, clubs, and all other school-sponsored activities). If, during a 10-day suspension for substance abuse, there is a performance on a weekend day or a vacation day in which the student would otherwise have been an active participant, that performance date may count as one of the days of the suspension. The principal may recommend an extended suspension for participation in student activities. In addition, a recommendation for expulsion may be made.
The suspension shall be unexcused absences; however, makeup work shall be provided by the school during the period of suspension, if the student and his or her parent or legal guardian agree to, and subsequently participate satisfactorily in the Substance Abuse Prevention Education Program, other drug use prevention follow-up activity designated by the school principal or designee.
Should the student fail to participate after two scheduled attempts in the Substance Abuse Prevention Education Program or other drug use prevention follow-up activity , the student shall be involuntarily transferred to Creekside High School, or other designated alternative program. (See Involuntary Transfer, Policy 5120)
B. Police Report: The principal or principal's designee shall report the violation to the Irvine Police Department. In instances where material is found that is suspected of being a controlled substance, it shall be turned over to the Police Department.
C. Parent Notification: The principal or principal's designee shall notify the student's parent or guardian of a) the suspension, b) the conditions for readmittance, c) the fact that the student has the right to make up his/her work if the student and his or her parent or legal guardian participate satisfactorily in a designated follow-up activity, d) involuntary transfer to Creekside High School should the student fail to participate in a designated follow-up activity, and e) the consequences of any subsequent violations and further, that all controlled substance use violations, including this one, are reported to the police. The student and parent or legal guardian shall be requested to sign a statement that they have been informed of the consequences of any subsequent violations.
Second Violation (Other than Distributing or Manufacturing)
A. Disciplinary Action: The second and any subsequent violation for using, possessing,or being under the influence of alcohol , marijuana or any other controlled substances, shall result in a) suspension from school for five days, and b) from all school activities (athletic teams, performing arts events, clubs, and all other school-sponsored activities) for the remainder of the school year, and c) the potential involuntary transfer of the student to Creekside High School for the remainder of the current and/or following semester. In addition, a recommendation for expulsion may be made which may include an extended suspension.
B. Police Report: The principal or principal's designee shall report the violation to the Irvine Police Department. In instances where material is found that is suspected of being a controlled substance, it shall be turned over to the Police Department.
C. Parent Notification: The principal or principal’s designee shall notify the student’s parent or guardian of the suspension and the conditions for readmittance.
Violation Involving Distributing or Manufacturing
A. Disciplinary Action: A violation involving distributing or manufacturing a controlled substance shall result in suspension from school for five days, the principal shall recommend expulsion from school, and the student may be expelled.
B. Police Report: The principal or principal's designee shall report the violation to the Irvine Police Department. In instances where material is found that is suspected of being a controlled substance, it shall be turned over to the Police Department.
C. Parent Notification: The principal or principal’s designee shall notify the student’s parent or guardian of the suspension and the conditions for readmittance.
Definitions
1. "Controlled substance" shall be defined as including anabolic steroids, and imitation controlled substance including nonalcoholic beer, illegal drugs including marijuana, intoxicants including alcohol and inhalants, any prescription,nonprescription drug not authorized as medication, or any controlled substance listed in Chapter 2 commencing with Section 11053 of Division 10 of the Health and Safety Code.
2. "Distributing" shall be deemed to include giving, trading, or selling or intending or attempting to do so.
3. "Inhalants" shall be defined as chemicals such as solvents, aerosol sprays, and nitrites that, when breathed, produce psychoactive effects.
4. "Paraphernalia" refers to equipment associated with the use or sale of controlled substances including, but not limited to, balances, bongs, needles, etc.
5. "Imitation controlled substance" shall be defined as any substance, including nonalcoholic beer, that, by dosage-unit appearance, including color shape, size, and markings, or by representations made, would lead a reasonable person to believe that the substance is a controlled substance.
Revised: May 2001
Revised: July, 2012