Atlantic County Special Services School Mays Landing, NJ Substance Abuse Policy

New Jersey State Statute New Jersey State Statute 18A:40A requires that any student thought to be under the influence of a substance be placed immediately under medical supervision for their own safety and security.

Remember Remember: This is a medical intervention, not a disciplinary one.

Our Obligation So, what is our obligation under the statute as certified staff members?

Referral to the school nurse Three things must be done: 1. The student must be walked to the school nurse’s office and you must state that you believe that the student is under the influence of something. The school nurse will examine the student and fill out a medical checklist. He/she is NOT assessing for drug use; she is assessing by which means the student will be sent for drug testing: car, school bus or ambulance. Remember: There is nothing to discuss and no one’s opinion to be sought first. Just walk the student to the nurse and stay with him/her.

Completion of Certified Staff Chemical Screening Referral Form 2. Fill out the “Certified Staff Chemical Screening Referral Form” which you can obtain from the school principal. You will be asked to check off your objectively observable physical conditions, such as difficulty in walking, slurring words, laughing inappropriately, etc.

Student’s Statement If the student states that they are under the influence of a chemical, take them to the nurse immediately and tell her what the student said. She, in turn, will begin the pre- screening process.

Principal’s Obligation 3. Walk the student to the Principal’s office with the nurse’s checklist and state to the secretary that it is imperative that the principal be contacted immediately. Remember: This is a medical intervention, not a disciplinary one.

Principal’s Obligation, cont. The principal will contact the student’s parents/guardians/caretakers and ask them to come pick the student up. If they can’t/won’t, the principal will determine the best way to get the student to the screening facility. The principal will complete a “Note to Attending Physician,” sign it and hand it to whoever is taking the student for screening.

After the Screening After the screening, the student may return to school with the “Letter to Attending Physician” as long as it is signed by the facility and confirms that a screening test has been done. The student will have been tested for eleven drugs, both legal and illegal, as well as alcohol.

Drug Test Results The drug test results usually take a few days to a week to return. During that time, the student is permitted to remain in school. If the test is positive, our school physician will determine the next step, usually a referral to outpatient treatment.

Important Reminders Confidentiality All adolescent drug referrals/screenings/results are protected by federal confidentiality. The referral cannot be discussed with anyone other than the school nurse or principal. This is a violation of confidentiality.

Immunity Any person referring a student for chemical screening receives civil immunity under the law (18A:40A-14). That part of the law states that any teacher, guidance counselor, CST member, school nurse, educational or non-educational personnel employed by or in any of the public or private schools of this state, who in good faith reports a pupil to the principal….. shall not be liable for civil damages as a result of making any such report.

Dangers in not screening Please remember that there are dangers inherent in not screening. If the student is not screened, goes home and is subsequently harmed, does harm or even dies, then we are liable. Always err on the side of caution and DO NOT make medical presumptions. None of us are doctors. Please leave all decisions regarding under the influence to subjective evidence, such as blood screening.