N.J. Admin. Code § 6A:16-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:16-4.1 - Adoption of policies and procedures for the intervention of student alcohol and other drug abuse

(a) Each district board of education shall adopt and implement policies and procedures for the assessment, intervention, referral for evaluation, referral for treatment, and enforcement of the code of student conduct, pursuant to N.J.A.C. 6A:16-7, for students whose use of alcohol or other drugs has affected their school performance, or for students who consume or who are suspected of being under the influence of or who possess or distribute the following substances on school grounds pursuant to 18A:40A-9, 10, and 11:

1. Alcoholic beverages;

2. Any controlled dangerous substance, including anabolic steroids, as defined in 24:21-2 and 2C:35-2;

3. Any chemical or chemical compound that releases vapor or fumes causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system, including, but not limited to, glue containing a solvent having the property of releasing toxic vapors or fumes, as defined in 2C:35-10.4; and

4. Over-the-counter and prescription medications that are improperly used to cause intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system.

(b) In adopting and implementing policies and procedures for assessment, intervention, referral for evaluation, and referral for treatment of alcohol or other drug-affected students, district boards of education shall consult with a local organization licensed by the New Jersey Department of Human Services, and may consult with out-of-State agencies licensed by the appropriate state regulatory agency for alcohol and other drug services, or private practitioners certified by the appropriate drug and alcohol licensing board, as appropriate, pursuant to 18A:40A-11.

(c) Each district board of education's policies for students using, possessing, or distributing alcohol and other drugs, as defined in (a) above, shall include the following components:

1. The role of appropriate school staff when handling a variety of possible alcohol or other drug-related situations involving students on school grounds;

2. Specific procedures, sanctions and due process provisions, consistent with 6A:16-4.4 and 7, as appropriate, for violations of the alcohol and other drug policy requiring action by the district board of education to apply the code of student conduct pursuant to N.J.A.C. 6A:16-7, including consequences for not following through on the recommendations of an evaluation for alcohol or other drug abuse and related behaviors;

3. Appropriate steps for ameliorating student problems related to alcohol and other drug use;

4. Appropriate steps for providing support for student transitions to and from health and social service agencies;

5. Specific procedures to govern instances where emergency room services are required in treating alcohol- or other drug-affected students;

6. Assessment or evaluation services for students who are affected by alcohol or other drug use. The services shall include one or more of the following:

i. Assessments by an individual who holds the educational services certificate with the student assistance coordinator endorsement issued by the New Jersey State Board of Examiners, or by an individual who holds one of the following educational services certificate endorsements: school nurse; school nurse/non-instructional; school psychologist; school counselor; school social worker; or student personnel services and is trained to assess alcohol and other drug abuse;

ii. Examinations by a physician for the purpose of determining whether alcohol or other drug use interferes with students' physical and mental abilities to perform in school or students are under the influence of alcohol or other drugs;

iii. Referrals for evaluation to community agencies, as defined in (b) above, out-of-State agencies licensed by the appropriate state regulatory agency for alcohol and other drug services, or private practitioners certified by the appropriate alcohol or other drug licensing board; or

iv. Evaluations by the child study team to determine students' eligibility for special education and related services, pursuant to 6A:14-3.5 and 3.6;

7. The provision of intervention, referral for evaluation, and referral for treatment services for students who are affected by alcohol or other drug use.

i. The intervention, referral for evaluation, and referral for treatment services shall be provided by an individual who holds the educational services certificate with the student assistance coordinator endorsement issued by the New Jersey State Board of Examiners, or by an individual who holds one of the following educational services certificate endorsements: school nurse; school nurse/non-instructional; school psychologist; school counselor; school social worker; or student personnel services and is trained in alcohol and other drug abuse intervention, assessment, referral for evaluation, and referral for treatment skills.

ii. The intervention, referral for evaluation, and referral for treatment services shall include one or more of the following:

(1) Provisions for a program of instruction, counseling, and related services provided by the district board of education while a student receives medical treatment for a diagnosed alcohol or other drug dependency problem;

(2) Referral to a community agency, as defined in (b) above, out-of-State agencies licensed by the appropriate state regulatory agency for alcohol and other drug services, or private practitioners authorized by the appropriate drug and alcohol licensing board;

(3) Provisions for support services for students who are in, or returning from, medical treatment for alcohol and other drug dependency; or

(4) A special class, course or educational program designed to meet the needs of students with alcohol or other drug use problems;

8. Provisions for assisting parents who believe their child might be involved with alcohol or other drug use, in accordance with 18A:40A-17(b);

9. Provisions, pursuant to 6A:16-4.3(a)3 i and (b)3i and 6.3(a)4, for when to contact law enforcement officials to disclose the identities of students reasonably believed to be in possession of a controlled dangerous substance, including anabolic steroids, or related paraphernalia or involved or implicated in distribution activities regarding controlled dangerous substances, including anabolic steroids.

i. Pursuant to 6A:16-4.3(a)3 and (b)3 and 6.3(a)4, the chief school administrator or designee may disclose to law enforcement authorities the identities of students suspected of being under the influence of alcohol or other drugs; and

10. Provisions for reporting to and cooperating with law enforcement authorities, pursuant to N.J.A.C. 6A:16-6, for the unlawful possession, distribution, and disposition of substances, as set forth in this section and 6A:16-6.1(a)1.

N.J. Admin. Code § 6A:16-4.1

Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Rewrote (a) and (c); and in (b), substituted "Human Services" for "Health and Senior Services".
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
In the introductory paragraph of (a), substituted "on school grounds, including on school buses or at school-sponsored functions," for "in school or at school functions"; and in (c)1, substituted "grounds, including on school buses or at school-sponsored functions" for "property or at school functions".
Amended by R.2007 d.383, effective 12/17/2007.
See: 39 N.J.R. 2579(a), 39 N.J.R. 5218(a).
In the introductory paragraph of (c)2, substituted "and 4.4, as appropriate," for the comma following "6A:16-7"; and in (c)2i, inserted ", with the exception of the sanctions established pursuant to N.J.A.C. 6A:16-4.4".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.