Part 3

The following questions and answers briefly describe several Federal requirements that apply to the use of suspension and expulsion as disciplinary tools in public schools. These may not reflect all laws, policies, and judicial precedents applicable to any given school district. School officials should consult with legal counsel to determine the application of these laws in their schools and to ensure that all legal requirements are met.

What Federal procedural requirements apply to suspension or expulsion?

. The Supreme Court has held that students facing suspension or expulsion from school are entitled under the U.S. Constitution to the basic due process protections of notice and an opportunity to be heard. The nature and formality of the "hearing" to be provided depend on the severity of the sanction being imposed.

. A formal hearing is not required when a school seeks to suspend a student for 10 days or less. Due process in that situation requires only that:

--the school inform the student, either orally or in writing, of the charges and of the evidence to support those charges;

--the school give the student an opportunity to deny the charges and present his or her side of the story;

--as a general rule, the notice to the student and a rudimentary hearing should precede a suspension unless a student's presence poses a continuing danger to persons or property, or threatens to disrupt the academic process. In such cases, the notice and rudimentary hearing should follow as soon as possible after the student's removal.

. More formal procedures may be required for suspensions longer than 10 days and for expulsions. In addition, Federal law and regulations establish special rules governing suspensions and expulsions of handicapped students.

. States and local school districts may require additional procedures.

Can students be suspended or expelled from school for use, possession, or sale of drugs?

Generally, yes. A school may suspend or expel students in accordance with the terms of its discipline policy. A school policy may provide for penalties of varying severity, including suspension or expulsion, to respond to drug-related offenses. It is helpful to be explicit about the types of offenses that will be punished and about the penalties that may be imposed for particular types of offenses (e.g., use, possession, or sale of drugs). Generally, State and local law will determine the range of sanctions permitted.

(For a more detailed discussion of legal issues, see pages 49-58.)

Fact Sheet

Tips for Selecting Drug Prevention Materials

In evaluating drug prevention materials, keep the following points in mind:

Check the date of publication.

Material published before 1980 may be outdated and even recently published materials may be inaccurate.

Look for "warning flag" phrases and concepts.

These expressions, many of which appear frequently in "pro-drug" material, falsely imply that there is a "safe" use of mind-altering drugs: experimental use, recreational use, social use, controlled use, responsible use, use/abuse.

"Mood-altering" is a deceptive euphemism for mind-altering.

The implication of the phrase "mood-altering" is that only temporary feelings are involved. The fact is that mood changes are biological changes in the brain.

"There are no 'good' or 'bad' drugs, just improper use":

This is a popular semantic camouflage in pro-drug literature. It confuses young people and minimizes the distinct chemical differences among substances.

"The child's own decision":

Parents cannot afford to leave such hazardous choices to their children. It is the parents' responsibility to do all in their power to provide the information and the protection to assure their children a drug-free childhood and adolescence.

Be alert for contradictory messages.

Often an author gives a pro-drug message and then covers his tracks by including "cautions" about how to use drugs.

Make certain the health consequences revealed in current research are adequately described.

Literature should make these facts clear: The high potency of marijuana on the market today makes it more dangerous than ever; THC, a psychoactive ingredient in marijuana, is fat soluble and its accumulation in the body has many adverse biological effects; cocaine can cause death and is one of the most addictive drugs known to man.

Demand material that sets positive standards of behavior for children.

The message conveyed must be an expectation that children can say no to drugs. The publication and its message must provide the information and must support caring family involvement to reinforce the child's courage to stay drug free.

Schools

Teaching About Drug Prevention

_Recommendation #7_:

Implement a comprehensive drug prevention curriculum from kindergarten through grade 12, teaching that drug use is wrong and harmful and supporting and strengthening resistance to drugs.

A model program would have these main objectives:

. To value and maintain sound personal health.

. To respect laws and rules prohibiting drugs.

. To resist pressures to use drugs.

. To promote student activities that are drug free and offer healthy avenues for student interests.

In developing a program, school staff should:

. Determine curriculum content appropriate for the school's drug problem and grade levels.

. Base the curriculum on an understanding of why children try drugs in order to teach them how to resist pressures to use drugs.

. Review existing materials for possible adaptation. State and national organizations--and some lending libraries--that have an interest in drug prevention make available lists of materials.

In implementing a program, school staff should:

. Include all grades. Effective drug education is cumulative.

. Teach about drugs in health education classes, and reinforce this curriculum with appropriate materials in such classes as social studies and science.

. Develop expertise in drug prevention through training. Teachers should be knowledgeable about drugs, be personally committed to opposing drug use, and be skilled at eliciting participation by students.

(For more detailed information on topics and learning activities to incorporate in a drug prevention program, see pages 44-48.)

Samuel Gompers Vocational-Technical High School, New York City

Samuel Gompers Vocational-Technical High School is located in the South Bronx in New York City. Enrollment is 1,500 students; 95 percent are from low-income families.

In June, 1977, an article in the _New York Times_ likened Gompers to a "war zone." Students smoked marijuana and sold drugs both inside the school and on the school grounds; the police had to be called in daily.

In 1979, the school board hired a new principal, Victor Herbert, who turned the school around. Herbert established order, implemented a drug awareness program, involved the private sector, and instilled pride in the school among students. Among the actions he took:

. In cooperation with the police captain, Herbert arranged for the same two police officers to respond to all calls from Gompers. These officers came to know the Gompers students; eventually, students confided in the police about drug sales occurring near the school. Police also helped school staff patrol the school grounds and were stationed at a nearby park known for drug trafficking.

. Herbert stationed security guards and faculty outside each bathroom. He organized "hall sweeps" in the middle of class periods and no longer allowed students to leave the premises at lunch time.

. Herbert established a drug education program for teachers, students, and parents that emphasized recognizing the signs of drug use. He also implemented other drug awareness programs that involved the police and community organizations.

. He persuaded companies, such as IBM, to hire students for afterschool and summer work. Students had to be drug free to participate. This requirement demonstrated to students that employers would not tolerate drug use.

. A computerized attendance system was installed to notify parents of their child's absence. Newly hired paraprofessionals, called "family assistants," worked to locate absentees and bring them back to school.

The results of Herbert's actions were remarkable. In 1985, there were no known incidents of students using alcohol or drugs in school or on school grounds, and only one incident of violence was reported. The percentage of students reading at or above grade level increased from 45 percent in 1979-80 to 67 percent in 1984-85.

Enlisting the Community

_Recommendation #8:_

Reach out to the community for support and assistance in making the school's antidrug policy and program work. Develop collaborative arrangements in which school personnel, parents, school boards, law enforcement officers, treatment organizations, and private groups can work together to provide necessary resources.

School officials should recognize that they cannot solve the drug problem alone. They need to get the community behind their efforts by taking action to:

. Increase community understanding of the problem through meetings, media coverage, and education programs.

. Build public support for the policy; develop agreement on the goals of a school drug policy, including prevention and enforcement goals.

. Educate the community about the effects and extent of the drug problem.

. Strengthen contacts with law enforcement agencies through discussions about the school's specific drug problems and ways they can assist in drug education and enforcement.

. Call on local professionals, such as physicians and pharmacists, to share their expertise on drug abuse as class lecturers.

. Mobilize the resources of community groups and local businesses to support the program.

_WHAT STUDENTS CAN DO_

Students

Learning the Facts

_Recommendation #9._

Learn about the effects of drug use, the reasons why drugs are harmful, and ways to resist pressures to try drugs. Students can arm themselves with the knowledge to resist drug use by:

. Learning about the effects and risks of drugs.

. Learning the symptoms of drug use and the names of organizations and individuals who are available to help when friends or family members are in trouble.

. Understanding the pressures to use drugs and ways to counteract them.

. Knowing the school rules on drugs and ways to help make the school policy work.

. Knowing the school procedures for reporting drug offenses.

. Knowing the laws on drug use and the penalties, for example, for driving under the influence of drugs and alcohol. Understanding how the laws protect individuals and society.

. Developing skill in communicating their opposition to drugs and their resolve to say no.

_R. H. Watkins High School of Jones County, Mississippi, has developed a pledge, excerpted below, which sets forth the duties and responsibilities of student counselors in its peer counseling program_.

Responsibility Pledge for a Peer Counselor, R. H. Watkins High School

As a drug education peer counselor you have the opportunity to help the youth of our community develop to their full potential without the interference of illegal drug use. It is a responsibility you must not take lightly. Therefore, please read the following responsibilities you will be expected to fulfill next school year and discuss them with your parents or guardians.

Responsibilities of a Peer Counselor

Understand and be able to clearly state your beliefs and attitudes about drug use among teens and adults.

Remain drug free.

Maintain an average of C or better in all classes.

Maintain a citizenship average of B or better.

Participate in some club or extracurricular activity that emphasizes the positive side of school life.

Successfully complete training for the program, including, for example, units on the identification and symptoms of drug abuse, history and reasons for drug abuse, and the legal/economic aspects of drug abuse.

Successfully present monthly programs on drug abuse in each of the elementary and junior high schools of the Laurel City school system, and to community groups, churches, and statewide groups as needed.

Participate in rap sessions or individual counseling sessions with Laurel City school students.

Attend at least one Jones County Drug Council meeting per year, attend the annual Drug Council Awards Banquet, work in the Drug Council Fair exhibit and in any Drug Council workshops, if needed.

Grades and credit for Drug Education will be awarded on successful completion of and participation in all the above-stated activities.

_____________________________ __________________________________ Student's Signature Parent's or Guardian's Signature

Students

Helping Fight Drug Use

_Recommendation #10_:

Use an understanding of the danger posed by drugs to help other students avoid them. Encourage other students to resist drugs, persuade those using drugs to seek help, and report those selling drugs to parents and the school principal.

Although students are the primary victims of drug use in the schools, drug use cannot be stopped or prevented unless students actively participate in this effort.

Students can help fight drug use by:

. Participating in open discussions about the extent of the problem at their own school.

. Supporting a strong school antidrug policy and firm, consistent enforcement of rules.

. Setting a positive example for fellow students and speaking forcefully against drug use.

. Teaching other students, particularly younger ones, about the harmful effects of drugs.

. Encouraging their parents to join with other parents to promote a drug-free environment outside of school. Some successful parent groups have been started by the pressure of a son or daughter who was concerned about drugs.

. Becoming actively involved in efforts to inform the community about the drug problem.

. Starting a drug-resistance club or other activity to create positive, challenging ways for young people to have fun without drugs. Obtaining adult sponsorship for the group and publicizing its activities.

. Encouraging friends who have a drug problem to seek help and reporting persons selling drugs to parents and the principal.

Greenway Middle School, Phoenix, Arizona

Greenway Middle School is in a rapidly growing area of Phoenix. The student population of 950 is highly transient.

Greenway developed a comprehensive drug prevention program in the 1979-80 school year. The program provides strict sanctions for students caught with drugs, but its main emphasis is on prevention. Features include:

. Teaching students about drugs in science classes; mini-units on why people use drugs and what treatment resources are available to drug users; distributing and discussing current literature on drugs; sponsoring a 1-day Prevention Fair in which community experts talk to students about drug prevention.

. Enrolling students and staff in the "All Star" training program where they learn how to resist peer pressure, make decisions for themselves, and develop plans for personal and school improvement.

. Providing counselor training for specially selected students; drug counseling for students who are using drugs.

Under Greenway's drug policy, first-time offenders who are caught using or possessing drugs are suspended for 6 to 10 days. First-time offenders who are caught selling drugs are subject to expulsion. The policy is enforced in close cooperation with the local police department.

As a result of the Greenway program, drug use and disciplinary referrals declined dramatically between 1979-80 and 1984-85. The number of drug-related referrals to the school's main office decreased by 78 percent; overall, discipline-related referrals decreased by 62 percent.

_WHAT COMMUNITIES CAN DO_

Project DARE, Los Angeles, California

The police department and school district have teamed up to create DARE (Drug Abuse Resistance Education), now operating in 405 schools from kindergarten through grade 8 in Los Angeles. Fifty-two carefully selected and trained frontline officers are teaching students to say no to drugs, build their self-esteem, manage stress, resist prodrug media messages, and develop other skills to keep them drug free. In addition, officers spend time on the playground at recess so that students can get to know them. Meetings are held with teachers, principals, and parents to discuss the curriculum.

Research has shown that DARE has improved students' attitudes about themselves, increased their sense of responsibility for themselves and to police, and strengthened resistance to drugs. For example, before the DARE program began, 51 percent of fifth-grade students equated drug use with having more friends. After training, only 8 percent reported this attitude.

DARE has also changed parent attitudes through an evening program to teach parents about drugs, the symptoms of drug use, and ways to increase family communication. Before DARE, 32 percent of parents thought that it was all right for children to drink alcohol at a party as long as adults were present. After DARE, no parents reported such a view. Before DARE, 61 percent thought that there was nothing parents could do about their children's use of drugs; only 5 percent said so after the program.

As a result of the high level of acceptance by principals, teachers, the community, and students, DARE has spread from 50 elementary schools in 1983 to all 347 elementary and 58 junior high schools in Los Angeles. DARE will soon be fully implemented in Virginia.

Communities

Providing Support

_Recommendation #11_:

Help schools fight drugs by providing them with the expertise and financial resources of community groups and agencies.

Law enforcement agencies and the courts can:

. Provide volunteers to speak in the schools about the legal ramifications of drug use. Officers can encourage students to cooperate with them to stop drug use.

. Meet with school officials to discuss drug use in the school, share information on the drug problem outside of school, and help school officials in their investigations.

Social service and health agencies can:

. Provide volunteers to speak in the school about the effects of drugs.

. Meet with parents to discuss symptoms of drug use and to inform them about counseling resources.

. Provide the schools with health professionals to evaluate students who may be potential drug users.

. Provide referrals to local treatment programs for students who are using drugs.

. Establish and conduct drug counseling and support groups for students.

Businesses can:

. Speak in the schools about the effects of drug use on employment.

. Provide incentives for students who participate in drug prevention programs and lead drug-free lives.

. Help schools obtain curriculum materials for their drug prevention program.

. Sponsor drug-free activities for young people.

Parent groups can:

. Mobilize others through informal discussions, door-to-door canvassing, and school meetings to ensure that students get a consistent no-drug message at home, at school, and in the community.

. Contribute volunteers to chaperone student parties and other activities.

Print and broadcast media can:

. Educate the community about the nature of the drug problem in their schools.

. Publicize school efforts to combat the problem.

Operation SPECDA, New York City

Operation SPECDA (School Program to Educate and Control Drug Abuse) is a cooperative program of the New York City Board of Education and the police department. It operates in 154 schools, serving students and their parents from kindergarten through grade 12. SPECDA has two aims: education and enforcement. Police help provide classes and presentations on drug abuse in the schools. At the same time, they concentrate enforcement efforts within a two-block radius of schools to create a drug-free corridor for students.

The enforcement aspect has had some impressive victories. Police have made 7,500 arrests to date, 66 percent in the vicinity of elementary schools. In addition, they have seized narcotics valued at more than $1 million, as well as $1 million in cash and 139 firearms.

SPECDA provides a simultaneous focus on education. Carefully selected police officers team with drug abuse counselors to lead discussion sessions throughout the fifth and sixth grades. The discussions emphasize the building of good character and self-respect; the dangers of drug use; civic responsibility and the consequences of actions; and constructive alternatives to drug abuse.

Similar presentations are made in school assemblies for students from kindergarten through grade 4 and in the junior and senior high schools. An evening workshop for parents helps them reinforce the SPECDA message.

An evaluation of participants in SPECDA demonstrates that a majority of the students have become more aware of the dangers of drug use, and show strong positive attitudes toward SPECDA police officers and drug counselors. When interviewed, students have indicated a strengthened resolve to resist drugs.

Communities

Tough Law Enforcement

_Recommendation_ #12:

Involve local law enforcement agencies in all aspects of drug prevention: assessment, enforcement, and education. The police and courts should have well-established and mutually supportive relationships with the schools.

Community groups can:

. Support school officials who take a strong position against drug use.

. Support State and local policies to keep drugs and drug paraphernalia away from schoolchildren.

. Build a community consensus in favor of strong penalties for persons convicted of selling drugs, particularly for adults who have sold drugs to children.

. Encourage programs to provide treatment to juvenile first-offenders while maintaining tough penalties for repeat offenders and drug sellers.

Law enforcement agencies, in cooperation with schools, can:

. Establish the procedures each will follow in school drug cases.

. Provide expert personnel to participate in prevention activities from kindergarten through grade 12.

. Secure areas around schools and see that the sale and use of drugs are stopped.

. Provide advice and personnel to help improve security in the school or on school premises.

_CONCLUSION_

Drugs threaten our children's lives, disrupt our schools, and shatter families. Drug-related crimes overwhelm our courts, social service agencies, and police. This situation need not and must not continue.

Across America schools and communities _have_ found ways to turn the tide in the battle against drugs. The methods they have used and the actions they have taken are described in this volume. We know what works. We know that drug use can be stopped.