W. Va. Code R. § 126-23-5

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 126-23-5 - Implementation

5.1. All county boards of education and RESAs must have a substance abuse and tobacco control policy that meets the stipulations of this policy and adheres to the guidelines herein by August 1, 2005. The county/RESA policy must represent the minimum components required by this policy. Counties and/or RESAs may be more restrictive in their own policies and/or add components to reflect county or system policies and procedures.

5.2. The county/RESA substance abuse and tobacco control policy shall include, at a minimum:

5.2.1. the responsibility of school/RESA administration to implement provisions of this policy with specific regard to education, communication and enforcement provisions;

5.2.2. clear procedures for identification, intervention and referral of students with substance abuse problems;

5.2.3. a plan for maintenance of an environment for students, staff and visitors that presents no physical harm, discomfort or unsanitary condition resulting from use or abuse of ATOD;

5.2.4 procedures for communicating the policy to students, school staff, parents or families, visitors and the community-at-large through:

a. staff development;

b. employee and student handbooks;

c. parent/guardian notification;

d. general public notification (e.g., signs, announcements); and e. attaching a summary of this policy on to all requests for school facility use.

5.2.5. a plan for implementing required kindergarten through 12^th grade preventive education, as outlined in Policy 2520.5 shall be coordinated with Safe and Drug-Free School (Goals and Objectives) to provide a comprehensive kindergarten through 12^th grade substance abuse prevention curriculum for all children. School administrators, Local School Improvement Councils and school curriculum teams shall assure that prevention education efforts are comprehensive, coordinated and age appropriate. Examples include: developmental guidance, advisor-advisee, peer involvement, after school programs and integration into instructional objectives;

5.2.6. the manner in which the RESA, county or school plans to provide or make referral to voluntary support programs (such as a local mental health provider or tobacco cessation program or hotline programs); address the physical, psychological and social issues associated with addiction; provide on-going support and reinforcement necessary for desired behavior change; and provide information about available programs to all 4^th through 12^th grade students and staff on a regular basis; and

5.2.7. enforcement provisions for students, staff and the public are as follows:

a. enforcement provisions for students may include, but are not limited to: counseling, school/community service, voluntary cessation programs, parent/guardian notification, mandatory education sessions, alternative to suspension programs, plan for behavior improvement, policy notification, and/or prosecution;

b. enforcement provisions for staff may include, but are not limited to: referral to an Employee Assistance Program, conference with supervisor and disciplinary actions consistent with county, RESA or W. Va. 126CSR162, West Virginia Board of Education Policy 5902: Employee Code of Conduct;

c. enforcement provisions for the public may include, but are not limited to:

request to stop use or leave premises, deny access to school property and/or police notification;

d. in taking action against a student for violation of this policy, the school/county or RESA administration shall follow appropriate due process procedures. If the student is an "Eligible Handicapped Student" according to W. Va. 126CSR16, West Virginia Board of Education Policy 2419: Regulations for the Education of Exceptional Students, (hereinafter Policy 2419), any action taken against the student must comply with, and must not be in violation of Policy 2419. All disciplinary action taken against the student shall be in accordance with local, state and federal law; and e. county/school or RESA policies shall identify responses and/or interventions that are consistent with the levels specified in Policy 4373 to address violations. The specific procedures to be followed when any staff member observes any violations outlined in this substance abuse and tobacco control policy shall be outlined in county/school policies and procedures.

5.3 The West Virginia Department of Education, RESAs and county boards of education shall provide training and technical assistance in research-based and effective models for prevention education in the areas of alcohol, tobacco and illegal substances. Training, technical assistance and support shall also be provided in the effective use of student assistance teams to identify students who are at-risk and to develop interventions to assure school success for these students.

W. Va. Code R. § 126-23-5