West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-023 - Substance Abuse And Tobacco Control (2422.5) › Section 126-23-5 - Implementation

Current through Register Vol. XLI, No. 28, July 12, 2024
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 12th 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 12th 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 4th through 12th
				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.