N.J. Admin. Code § 6A:16-6.4

Current through Register Vol. 56, No. 8, April 15, 2024

Section 6A:16-6.4 - Handling of alcohol or other drugs, firearms, and other items

(a) A school employee who seizes or discovers alcohol, other drug, or an item believed to be a controlled dangerous substance, including anabolic steroids, or drug paraphernalia, shall immediately notify and turn over to the principal or designee the alcohol, other drug, or item.

1. The principal or designee shall immediately notify the chief school administrator or his or her designee who in turn shall notify the appropriate county prosecutor or other law enforcement official designated by the county prosecutor to receive such information.

2. The school employee, principal or designee shall safeguard the alcohol, other drug or paraphernalia against further use or destruction and shall secure the alcohol, other drug or paraphernalia until it can be turned over to the county prosecutor or designee.

3. The principal or designee shall provide to the county prosecutor or his or her designee all information concerning the manner in which the alcohol, other drug, or paraphernalia was discovered or seized, including:

i. The identity of all persons who had custody of the substance or paraphernalia following its discovery or seizure; and

ii. The identity of the student or staff member believed to have been in possession of the substance or paraphernalia.

4. The principal or designee shall not disclose the identity of a student or staff member who voluntarily and on his or her own initiative turned over the alcohol, other drug or paraphernalia to a school employee, provided there is reason to believe the student or staff member was involved with the alcohol, other drug or paraphernalia for the purpose of personal use and not distribution activities, and further provided the student or staff member agrees to participate in an appropriate treatment or counseling program.

i. For the purposes of this section, an admission by a student or staff member in response to questioning initiated by the principal or teaching staff member, or following the discovery by the principal or teaching staff member of a controlled dangerous substance, including anabolic steroids, or drug paraphernalia shall not constitute a voluntary, self-initiated request for counseling and treatment.

(b) Whenever a school employee seizes or comes upon a firearm or dangerous weapon, school officials shall:

1. In the case of a firearm, immediately advise the county prosecutor or appropriate law enforcement official, and secure the firearm pending the response by law enforcement to retrieve and take custody of the firearm; and

2. In the case of a dangerous weapon other than a firearm, immediately advise the county prosecutor or appropriate law enforcement official, and secure the dangerous weapon pending the response by law enforcement to retrieve and take custody of the dangerous weapon.

(c) School employees in custody of a firearm or dangerous weapon shall take reasonable precautions, according to district board of education procedures, to prevent the theft, destruction, or unlawful use of the firearm or dangerous weapon by any person.

N.J. Admin. Code § 6A:16-6.4

Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Handling of substances, firearms and other items". Substituted "alcohol or other drug" for "substance" throughout.
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
In (b)1, deleted "or weapon" following the second occurrence of "firearm" and "or dangerous weapon" following the third occurrence of "firearm"; and in (b)2, substituted the second occurrence of "dangerous" for "firearm or" and deleted "firearm or" preceding the third occurrence of "dangerous".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Section was "Handling of alcohol or other drugs, firearms and other items". Rewrote the section.