NORTHFIELD BOARD OF EDUCATION FILE CODE: 4119.23/4219.23
Northfield, New Jersey Monitored
X Mandated
Policy X Other Reasons
EMPLOYEE SUBSTANCE ABUSE
The Northfield Board of Education recognizes that the misuse of drugs, steroids, and alcohol is a serious problem with enormous impact upon the welfare of the entire school community. The board is committed to the prevention of drug, steroid, and alcohol abuse and rehabilitation of drug, steroid, and alcohol abusers and implementation of an effective drug, steroid, and alcohol awareness program for staff members, as well as providing special assistance for addicted staff.
The board desires to utilize positive approaches in dealing with these problems, but will resort to necessary and appropriate steps to protect the school community from harm caused by exposure to drug, steroid, and alcohol abuse.
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 nonrenewal, 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 nonrenewal, suspension, or termination at the discretion of the board of education.
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 nonrenewal, 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 or on school grounds is prohibited.
The Superintendent 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 Superintendent of Schools with the board shall establish standards of staff conduct to include disciplinary sanctions required when staff members violate board policies related to drug, steroid, and alcohol abuse. All disciplinary sanctions shall be implemented within the framework of the employees’ contractual rights and due process. All employees shall be provided with a copy of this information annually.
Nothing in this policy shall be construed in any way to authorize or require the transmittal of any information or records that are in the possession of a substance-abuse counseling or treatment program including, but not limited to, the school district’s own substance-abuse programs. All information concerning a staff member’s involvement in a school intervention or treatment program shall be kept strictly confidential.
The Superintendent of Schools will ensure that all district employees receive annual in-service training to make them aware of their responsibilities in accordance with board policies and law.
The board will review annually the effectiveness of these policies and the memorandum of agreement entered into with the appropriate law enforcement agency. As part of this review, the board will consult with the executive county superintendent, local community members, and the county prosecutor’s office.
The policies and procedures contained herein shall be made available to all staff on an annual basis.
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 Superintendent of Schools 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.
Drug and Alcohol Testing For Commissioned Bus Drivers
The Northfield School District is committed to the enforcement of a drug and alcohol misuse prevention program among school bus drivers who are commissioned by Northfield Community School that meets all applicable requirements of the Omnibus Transportation Employee Testing Act of 1991. The purpose of the testing program shall be to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by employees performing safety-sensitive functions.
In addition to all prohibitions in the first sections of this policy, all employees who are commissioned by Northfield Community School with commercial drivers’ licenses shall be prohibited from:
A. The use of any controlled substance on or off duty, unless a written prescription from a licensed doctor or osteopath is provided along with a written statement from the doctor or osteopath that the substance does not adversely affect the employee’s ability to safely operate a motor vehicle or perform other safety-sensitive functions;
B. The misuse of alcohol that could affect performance on the job including use on the job, use during the four hours before performing a safety-sensitive function, having prohibited concentrations of alcohol in their systems while performing a safety-sensitive function and use during eight hours following an accident.
“Controlled substance” in this policy refers to those covered by the Omnibus Act, including, but not limited to, marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP).
Transportation contracts approved by the board shall contain assurance that the contractor will establish a drug and alcohol testing program that meets the requirements of federal regulations and this policy and will actively enforce the regulations of this policy as well as federal requirements.
New Employee Drug Screening
In order to fulfill the requirements of NJAS 18A:16-2 (Physical Examinations), it is mandatory for all new employees to have a physical examination, TB test and drug screening within one week of their appointment. Failure to pass this examination will result in the withdrawal of offer of employment. New employees have the option of going to their own physician at their expense or they may use our school physician at our expense for this examination (which includes the exam and drug screening; the cost of the TB test will be paid by the new employee).
Adopted: June 2, 1997
NJSBA Review/Update: November 2009; December 2010
Readopted: October 24, 2011
Revised:
Key Words
Smoking; Drinking; Drugs; Smoking Prohibition; Employee Smoking, Drinking, Use of Drugs on School Premises; Drug Testing; Alcohol Testing
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. Comprehensive Drug Reform Act of 1987
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.
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-55 et seq. New Jersey Smoke-Free Air Act
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, § 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.
Owner-Operator Indep. Drivers Assoc., Inc. v. Pena, 996 F. 2d 38 (D.C. cir. 1993)
34 CFR part 85.100, Governmentwide Debarment and Suspension (nonprocurement)
and Governmentwide Requirements for Drug-Free Workplace (Grants)
42 U.S.C.A. § 31306 et seq. – Alcohol and Controlled Substances Testing
49 C.F.R. Part 40 – Procedures for Transportation Workplace Drug and Alcohol Testing Programs
49 C.F.R. Part 382 – Controlled Substance and Alcohol Use and Testing
49 C.F.R. Part 391 – Qualification of drivers
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.