418 DRUG-FREE WORKPLACE/DRUG-FREE SCHOOL
The purpose of this policy is to maintain a safe and healthful environment for employees by prohibiting the use of alcohol, toxic substances and controlled substances without a physician’s prescription.
II. GENERAL STATEMENT OF POLICY
A. Use of controlled substances, toxic substances, and alcohol during school hours or at any school-sponsored event is prohibited as general policy. Paraphernalia associated with controlled substances is prohibited.
B. It shall be a violation of this policy for any teacher, administrator, or other school district personnel to use alcohol, toxic substances, or controlled substances in any school location.
C. The school district will act to enforce this policy and to discipline or take appropriate action against any teacher, administrator, or school personnel who violates this policy.
III. DEFINITIONS
A. “Alcohol” includes any alcoholic beverage, malt beverage, fortified wine, or other intoxicating liquor.
B. “Controlled substances” include narcotic drugs, hallucinogenic drugs, amphetamines, barbiturates, marijuana, anabolic steroids, or any other controlled substance as defined in Schedules I through V of the Controlled Substances Act, 21 U.S.C. § 812, including analogues and look-alike drugs.
C. “Toxic substances” includes glue, cement, aerosol paint, or other substances used or possessed with the intent of inducing intoxication or excitement of the central nervous system.
D. “Use” includes selling, buying, manufacturing, distributing, dispensing, possessing, using, or being under the influence of alcohol and/or controlled substances, whether or not for the purpose of receiving remuneration or consideration.
E. “Possess” means to have on one’s person, in one’s effects, or in an area subject to one’s control.
F. “School location” includes any school building or on any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at 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; or during any period of time such employee is supervising students on behalf of the school district or otherwise engaged in school district business.
IV. EXCEPTIONS
A. It shall not be a violation of this policy for a person to bring onto a school location, for such person’s own use, a controlled substance which has a currently accepted medical use in treatment in the United States and the person has a physician’s prescription for the substance. The person shall comply with the relevant procedures of this policy.
B. It shall not be a violation of this policy for a person to possess an alcoholic beverage in a school location when the possession is within the exceptions of Minn. Stat. § 624.701, Subd. 1a (experiments
in laboratories; pursuant to a temporary license to sell liquor issued under Minnesota laws or possession after the purchase from such a temporary license holder).
V. PROCEDURES
A. Employees who have a prescription from a physician for medical treatment with a controlled substance are permitted to possess such controlled substance and associated necessary paraphernalia, such as an inhaler or syringe. The employee may be required to provide a copy of the prescription.
B. Each employee shall be provided with written notice of this Drug-Free Workplace/Drug-Free School policy and shall be required to acknowledge that he or she has received the policy.
C. Employees are subject to the school district’s drug and alcohol testing policies and procedures.
D. Possession of alcohol on school grounds pursuant to the exceptions of Minn. Stat. § 624.701, Subd. 1a. shall be by permission of the school board only. The applicant shall apply for permission in writing and shall follow the school board procedures for placing an item on the agenda.
VI. ENFORCEMENT
A. Employees
1. As a condition of employment in any federal grant, each employee who is engaged either directly or indirectly in performance of a federal grant shall abide by the terms of this policy and shall notify his or her supervisor in writing of his or her conviction of any criminal drug statute for a violation occurring in any of the places listed above on which work on a school district federal grant is performed, no later than five (5) calendar days after such conviction.
2. An employee who violates the terms of this policy may be subject to disciplinary action, including nonrenewal, suspension, termination, or discharge, as per the collective bargaining agreement as deemed appropriate by the school board.
3. In addition, any employee who violates the terms of this policy may be required to satisfactorily participate in a drug and/or alcohol abuse assistance or rehabilitation program approved by the school district. Any employee who fails to satisfactorily participate in and complete such a program is subject to nonrenewal, suspension, or termination as deemed appropriate by the school board.
4. Sanctions against employees, including nonrenewal, suspension, termination, or discharge shall be pursuant to and in accordance with applicable statutory authority, or as defined in the collective bargaining agreements, and school district policies.
Legal References: Minn. Stat. § 340A.403 (3.2 Percent Malt Liquor Licenses)
Minn. Stat. § 340A.404 (Intoxicating Liquor; On-Sale Licenses)
Minn. Stat. § 609.684 (Sale of Toxic Substances to Children; Abuse of Toxic Substances)
Minn. Stat. § 624.701 (Liquor in Certain Buildings or Grounds)
41 U.S.C. §§ 701-707 (Drug-Free Workplace Act)
20 U.S.C. § 7101-7144 (Safe and Drug-Free Schools and Communities Act of 1994)
21 U.S.C. § 812 (Schedules of Controlled Substances)
21 C.F.R. §§ 1308.11-1308.15 (Controlled Substances)
34 C.F.R. Part 85 (Government-wide Requirements for Drug-Free Workplace)