School Board of the City of Virginia Beach
Regulation 5-45.1

STUDENTS

Possession/Use/Sale of Alcohol, Drugs,  Drug Paraphernalia, Tobacco or Tobacco Products

I.       Offenses

1. Possession / Use of Alcohol, Drugs, or Drug Paraphernalia
   
   Students will not use, have in their possession, or be under the influence of alcohol, marijuana, drug paraphernalia (defined in § 18.2-265.1 of the Code of Virginia), controlled substances (defined in § 54-1-3401 et seq., of the Code of Virginia), or imitation controlled substances (defined in § 18.2-247(B) of the Code of Virginia), on School Board property, at school sponsored or related activities, or while going to or coming from school. In accordance with School Board Policy 5-21 and School Board Regulation 5-21.1, students violating this subsection will be recommended for expulsion and will be suspended pending action on the recommendation. A student accused of a first offense under this subsection may, in the principal’s discretion, be offered the opportunity to participate in the Substance Abuse Intervention Program.
2. Sale of Alcohol, Drugs, or Drug Paraphernalia
   
   Students will not sell, bring, give, distribute, or pass to another individual or possess with intent to sell, give or distribute alcohol, marijuana, drug paraphernalia (defined in § 18.2-265.1 of the Code of Virginia), controlled substances (defined in § 54.1-3401 et seq, of the Code of Virginia), or imitation controlled substances (defined in § 18.2-247(B) of the Code of Virginia), on School Board property, at school sponsored or related activities, or while going to or coming from school. Students violating this subsection will be recommended for expulsion and will be suspended pending action on the recommendation, in accordance with School Board Policy 5-21 and School Board Regulation 5-21.1.
   
   
3. Possession of Medication and Prescription Drugs
   
   So that school authorities will know what medicine a student is taking in case of an emergency, and in order to prevent trafficking in drugs, no student may have in his/her possession any medication or prescription drugs, even if recommended or prescribed for the student's use. All such items will be taken to the principal's office by the student, the parent(s), legal guardian(s) or other responsible adult, or office designated by the principal, at the start of the school day for safekeeping. Extenuating circumstances may require special consideration which will be determined by the principal on an individual basis. Medication will mean any drug or other substances used in treating diseases, healing, or relieving pain, including all over-the-counter drugs such as aspirin, cough syrups, gargles, caffeine pills and the like. Students who violate this subsection will be disciplined, including suspension and expulsion in appropriate situations. When a principal recommends a suspension or expulsion, the student will be suspended pending action on the recommendation.
4. Possession/Use of Tobacco and Tobacco Products Third Offense
   
   Students are prohibited from possessing, smoking, and/or using tobacco products at all times while on School Board property, in School Board vehicles, in any vehicle parked on School Board property, at school sponsored or school related activities, and when going to or coming from school. Students violating this prohibition for the third time will be recommended for long-term suspension and, in accordance with School Board Policy 5-21 and School Board Regulation 5-21.1, will be suspended pending action on the recommendation. A student accused of an offense under this subsection may, in the principal’s discretion, be offered the opportunity to participate in the Substance Abuse Intervention Program.

Editor’s Note

See Regulation 5-57.1 and Manual for Health Services Program, pages 13-0 through 13-3.

II.       Substance Abuse Intervention Program

1. Eligibility for Program
   
   
   Any student accused of violating Section I (A) of this regulation while enrolled in the school division shall be recommended for expulsion and a student accused of violating Section I (D) of this regulation for the third time shall be recommended for long-term suspension of up to one year. A principal may offer a student in violation of Section I (A) for the first time or Section I (D) for the third time the opportunity to participate in the school division’s Substance Abuse Intervention Program in lieu of expulsion or long-term suspension, in which case the recommendation for expulsion/long-term suspension will be held in abeyance for one (1) calendar year (the “Probation Period”), provided the student does not engage in other infractions of school disciplinary rules or criminal activity, and maintains satisfactory attendance and academic performance.
   
   
   In order to be eligible for the school division’s Substance Abuse Intervention Program, the student and his/her parent(s) or legal guardian(s) must sign a contract (“Contract”) with the School Board and fulfill the terms of the Contract.
   
   
   Prior to offering the Contract, the principal shall give the student a due process hearing at which the student and his/her parent(s) or legal guardian(s) will be given written notice of the charges against the student, and if the student denies the charges, an explanation of the evidence the principal has and an opportunity for the student to present his/her side of the incident.
   
   
   If the student and parent(s) or legal guardian(s) do not agree to the Contract at the initial meeting with the principal, the principal shall suspend the student and continue with the recommendation for expulsion or long-term suspension, depending upon the offense. Nothing herein shall prevent parents and students from presenting an alternative treatment program to the Hearing Officer or School Board Discipline Committee.
   
   
   In determining whether to refer a student to the program, the principal shall consider a student’s past disciplinary record, attendance record, academic performance and the severity of the infraction.
   
   
   A principal shall suspend a student and recommend his/her expulsion for a second offense under Section I (A) of this regulation or for a first offense under Section I (B) of this regulation and a principal shall suspend a student for up to one year for a third violation of Section I (D).

1. Requirements of Program
   
   
   In order to attend the school division’s Substance Abuse Intervention Program, the students and his/her parent(s) or legal guardian(s) must sign a Contract which shall contain, but is not limited to, the following terms and requirements:
   
   
   
1. The student and his/her parent(s) or legal guardian(s) acknowledge they have reviewed the charges and the evidence of the principal and following that review desire that the student enter the Substance Abuse Intervention Program.
   
   
2. The student and his/her parent(s) or legal guardian(s) understand that if they do not participate in this program they have the right to a review by the Superintendent, or his designee, a hearing before a Hearing Officer or a School Board Discipline Committee, and an appeal to the School Board on the recommendation for expulsion, as provided under § 22.1-277 of the Code of Virginia (1950), as amended, and School Board Policy 5-21.
   
   
3. The student and parent(s) or legal guardian(s) agree that the student will complete the substance abuse assessment. All costs for the substance abuse assessment are solely the responsibility of the student, parent(s) and/or legal guardian(s).
   
   
4. The parent(s) or legal guardian(s) of a minor student will attend and participate in the parent portion of the program.
   
   
5. The student agrees to participate in the aftercare support group meetings and activities as recommended by the assessment.
   
   
6. The parent(s) or legal guardian(s) or adult student agrees to meet with the Substance Abuse Intervention Program staff to discuss counseling/aftercare support as recommended in the assessment.
   
   
7. The recommendation for expulsion or long-term suspension will be held in abeyance for a period of one (1) calendar year (the Probationary Period) with the student on strict probation as defined in the Contract, which shall be violated if the student commits any other significant disciplinary infraction or criminal offense.
   
   
8. The student and parent(s) or legal guardian(s) agree that the student will be subject to random drug or alcohol tests during the one (1) calendar year Probationary Period as required by the assessment. All costs of this testing are solely the responsibility of the student, parent(s) and/or legal guardian(s).
   
   
9. After the successful completion of the Intervention Program and the passage of one (1) calendar year, in accordance with the terms of this agreement, the recommendation for expulsion or long term suspension will expire. A record of successful completion of the program shall be made a part of the student’s record.
   
   
10. The student and his/her parent(s) or legal guardian(s) agree that upon the failure to complete the requirements of this contract, the student will be suspended and recommended for expulsion or long-term suspension from the school division in accordance with this regulation. At that time the student will be given a review of the principals’ recommendation by the Superintendent or his designee, a hearing before a Hearing Officer, a School Board Discipline Committee and the right to an appeal to the School Board under § 22.1-277 of the Code of Virginia and School Board Policy 5-21.
    
    
11. In the event the student fails to complete the program, evidence of the student’s participation and failure to complete the program may be presented during review by the Superintendent or his designee, at a hearing before a Hearing Officer or the School Board Discipline Committee and at any subsequent appeal before the School Board under § 22.1-277 of the Code of Virginia and School Board Policy 5-21.
    
    
    A copy of the Contract to be used is attached to this regulation.

III.   Voluntary Disclosure of a Substance Abuse Problem


Any student who voluntarily admits, in the absence of reasonable suspicion or other conduct which alone would subject the student to discipline, that he/she has a substance abuse problem shall not be disciplined in accordance with this regulation. Such student shall be permitted to remain in school as long as the student demonstrates a continuing effort to remain drug/alcohol-free by participating in an approved substance abuse or counseling program and by complying with School Board Policies and Regulations, and may participate in the school division’s Substance Abuse Intervention Program on a voluntary basis. Additionally, a student who voluntarily admits a problem with tobacco shall be permitted to participate in the Anti-Tobacco Use Program (“ATUP”) on a voluntary basis.


Costs associated with a substance abuse counseling program, including assessment, follow-up treatment, and alcohol and drug testing, under this section, are solely the responsibility of the student, parent(s) and/or legal guardian(s).

IV.    Readmission to School System Following Expulsion

A student who has been expelled from the Virginia Beach City Public School System under this regulation may seek readmission after one (1) calendar year from the date of expulsion. A student seeking readmission must provide documentation from an approved substance abuse counselor that the student has successfully completed a substance abuse counseling program or is actively enrolled in a substance abuse counseling program. Further, the student must present evidence of a negative drug/alcohol screening conducted no more than fifteen (15) days prior to the hearing for readmission.

V.    Employee Responsibilities

1. Administrators should have knowledge of this regulation and should interpret this regulation to the staff members, students, and parents.
   
   
2. The principal will be notified of all suspected drug/alcohol and/or tobacco related incidents in the school. Students referred because their appearance or behavior seem symptomatic of drug/alcohol abuse will be sent to the school nurse. If necessary, parents or law enforcement personnel will be notified to remove the student from school.

Editor’s Note  

For discipline of students with disabilities see School Board Policy 5-21,
paragraph I; School Board Regulation 5-21.3.

Legal Reference:

Code of Va., § 4.1-309, as amended, Drinking or possession of alcoholic beverages in or on public school grounds; penalty.

Code of Va., § 15.2-2801, as amended, Statewide regulation of smoking.

Code of Va., § 16.1-278.9, as amended, Delinquent children; loss of driving privileges for alcohol, firearm and drug offenses.

Code of Va., § 18.2-247, as amended, Use of terms "controlled substances," "marijuana," "Schedules I, II, III, IV, V and VI" and "imitation controlled substance" in Title 18.2.

Code of Va., § 18.2-255, as amended, Distribution of certain drugs to persons under eighteen prohibited; penalty.

Code of Va., § 18.2-255.2, as amended, Prohibiting the sale of drugs on or near certain properties.

Code of Va., § 18.2-265.1., as amended, Definition.

Code of Va., § 18.2-371.2, as amended, Prohibiting purchase or possession of tobacco products by minors or sale of tobacco products to minors.

Code of Va., § 22.1-277, as amended, Short-term and long-term suspension and expulsion of pupils; generally.

Code of Va., § 22.1-277:01:1, as amended, Expulsion of students for certain drug offenses.

Code of Va., § 54-1-3401 et seq., as amended, Definitions.

Board of Education Regulations Establishing Standards for Accreditating Public Schools in Virginia, 8 VAC 20-130-10 et seq .

Editor’s Note

Approved by Superintendent: July 16, 1991
Revised by Superintendent: August 18, 1992
Revised by Superintendent: September 21, 1993 (Effective August 14, 1993)
Revised by Superintendent: January 21, 1997
Approved by School Board: September 16, 1997
Amended by School Board: December 1, 1998
Amended by School Board: June 6, 2000
Amended by School Board: April 4, 2006