New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 6 - LAW ENFORCEMENT OPERATIONS FOR ALCOHOL, OTHER DRUGS, WEAPONS, AND SAFETY › Section 6A:16-6.3 - Reporting students or staff members to law enforcement authorities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to
				6A:16-6.5, any staff member who,
				in the course of his or her employment, has reason to believe that a student or
				staff member has unlawfully possessed or in any way been involved in the
				distribution of a controlled dangerous substance, including anabolic steroids,
				or drug paraphernalia shall report the matter as soon as possible to the
				principal or, in the absence of the principal, to the staff member responsible
				at the time of the alleged violation.
1.
				Either the principal or the responsible staff member shall notify the chief
				school administrator, who in turn shall notify as soon as possible the
				appropriate county prosecutor or other law enforcement official designated by
				the county prosecutor to receive such information.
2. The chief school administrator or designee
				shall provide to the county prosecutor or designee all known information
				concerning the matter, including the identity of the student or staff member
				involved.
3. The chief school
				administrator or designee, however, shall not disclose the identity of a
				student or staff member who has voluntarily sought and participated in an
				appropriate treatment or counseling program for an alcohol or other drug abuse
				problem, provided the student or staff member is not reasonably believed to be
				involved or implicated in drug-distribution activities.
i. For the purpose 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.
4. The chief school administrator
				or designee may disclose to law enforcement authorities the identity of a
				student suspected to be under the influence of alcohol and/or controlled
				dangerous substances, pursuant to
				6A:16-4.3(a), or
				a student suspected to have used or who may be using anabolic steroids,
				pursuant to
				6A:16-4.3(b), and
				who is referred for a medical examination, pursuant to
				6A:16-4.3(a) or
				(b), as appropriate, for the purposes of
				providing appropriate health care for the student and for determining whether
				the student is under the influence of alcohol or other drugs or has been using
				anabolic steroids, provided the student is not reasonably believed to be in
				possession of a controlled dangerous substance or drug paraphernalia, or to be
				involved or implicated in drug distribution activities.
5. Law enforcement authorities shall not be
				notified of the findings if a student's alcohol or other drug test, pursuant to
				6A:16-4.3(a)3  i
				and (b)3i, and (a)4 above, was obtained as a result of the district board of
				education's voluntary random drug testing policy, pursuant to
				18A:40A-22 et seq. and
				6A:16-4.4.