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Schools Without Drugs

SPECIAL SECTIONS

Teaching About Drug Prevention
How the Law Can Help
Specific Drugs and Their Effects
Sources of Information
References

TEACHING ABOUT DRUG PREVENTION

Teaching About Drug Prevention: Sample Topics and Learning

Activities

An effective drug prevention curriculum covers a broad set of education objectives which are outlined in greater detail in the Department of Education's handbook Drug Prevention Curricula: A Guide to Selection and Implementation. This section presents a model program for consideration by State and local school authorities who have the responsibility to design a curriculum that meets local needs and priorities. The program consists of four objectives plus sample topics and learning activities.

OBJECTIVE #1: To value and maintain sound personal health; to understand how drugs affect health. An effective drug prevention education program instills respect for a healthy body and mind and imparts knowledge of how the body functions, how personal habits contribute to good health, and how drugs affect the body. At the early elementary level, children learn how to care for their bodies. Knowledge about habits, medicine, and poisons lays the foundation for learning about drugs. Older children begin to learn about the drug problem and study those drugs to which they are most likely to be exposed. The curriculum for secondary school students is increasingly drug specific as students learn about the effects of drugs on their bodies and on adolescent maturation. Health consequences of drug use, including transmission of AIDS, are emphasized.

Sample topics for elementary school:

  • The roles of nutrition, medicine, and health care professionals in preventing and treating disease.
  • The difficulties of recognizing which substances are safe to eat, drink, or touch; ways to learn whether a substance is safe: by consulting with an adult and by reading labels.
  • The effects of poisons on the body; the effects of medicine on body chemistry: the wrong drug may make a person ill.
  • The nature of habits: their conscious and unconscious development.
Sample topics for secondary school:
  • Stress: how the body responds to stress; how drugs increase stress.
  • The chemical properties of drugs.
  • The effects of drugs on the circulatory, digestive, nervous, reproductive, and respiratory systems. The effects of drugs on adolescent development.
  • Patterns of substance abuse: the progressive effects of drugs on the body and mind.
  • What is addiction?
  • How to get help for a drug or alcohol problem. Children tend to be oriented toward the present and are likely to feel invulnerable to the long-term effects of alcohol and other drugs. For this reason, they should be taught about the short-term effects of drug use (impact on appearance, alertness, and coordination) as well as about the cumulative effects.
Sample learning activities for elementary school:
  • Make a coloring book depicting various substances. Color only those items that are safe to eat.
  • Use puppets to dramatize what can happen when drugs are used.
  • Write stories about what to do if a stranger offers candy, pills, or a ride. Discuss options in class.
  • Try, for a time, to break a bad habit. The teacher emphasizes that it is easier not to start a bad habit than to break one.
Sample learning activities for secondary school:
  • Discuss the properties of alcohol and other drugs with community experts: physicians, scientists, pharmacists, or law enforcement officers.
  • Interview social workers in drug treatment centers. Visit an open meeting of Alcoholics Anonymous or Narcotics Anonymous. These activities should be open only to mature students; careful preparation and debriefing are essential.
  • Research the drug problem at school, in the community, or in the sports and entertainment fields.
  • Design a true-false survey about drug myths and facts; conduct the survey with classmates and analyze the results.
  • Develop an accessible lending library on drugs, well stocked with up-to-date and carefully chosen materials.
When an expert visits a class, both the class and the expert should be prepared in advance. Students should learn about the expert's profession and prepare questions to ask during the visit. The expert should know what the objectives of the session are and how the session fits into previous and subsequent learning. The expert should participate in a discussion or classroom activity, not simply appear as a speaker.

OBJECTIVE #2: To respect laws and rules prohibiting drugs. The program teaches children to respect rules and laws as the embodiment of social values and as tools for protecting individuals and society. It provides specific instruction about laws concerning drugs.

Students in the early grades learn to identify rules and to understand their importance, while older students learn about the school drug code and laws regulating drugs. Sample topics for elementary school:

  • What rules are and what would happen without them.
  • What values are and why they should guide behavior.
  • What responsible behavior is.
  • Why it is wrong to take drugs. Sample topics for secondary school:
  • Student responsibilities in promoting a drug-free school.
  • Local, State, and Federal laws on controlled substances; why these laws exist and how they are enforced.
  • Legal consequences of drug use; penalties for driving under the influence of alcohol or drugs; the relationship between drugs and other crimes.
  • Personal and societal costs of drug use. Sample learning activities for elementary school:
  • Use stories and pictures to identify rules and laws in everyday life (e.g., lining up for recess).
  • Imagine how to get to school in the absence of traffic laws; try to play a game that has no rules.
  • Name some things that are important to adults and then list rules they have made about these things. (This activity helps explain values.)
  • Solve a simple problem (e.g., my sister hits me, or my math grades are low). Discuss which solutions are best and why.
  • Discuss school drug policies with the principal and other staff members. Learn how students can help make the policy work better.
  • Explain the connection between drug users, drug dealers, and drug traffickers and law enforcement officers whose lives are placed at risk or lost in their efforts to stop the drug trade.
Sample learning activities for secondary school:
  • Resolve hypothetical school situations involving drug use. Analyze the consequences for the school, other students, and the individuals involved.
  • Collect information about accidents, crimes, and other problems related to alcohol and other drugs. Analyze how the problem might have been prevented and how the incident affected the individuals involved.
  • Conduct research projects. Interview members of the community such as attorneys, judges, police officers, State highway patrol officers, and insurance agents about the effects of alcohol and other drug use on the daily lives of teenagers and their families.
  • Draft a legislative petition proposing enactment of a State law on drug use. Participate in a mock trial or legislative session patterned after an actual trial or debate. Through these activities, students learn to develop arguments on behalf of drug laws and their enforcement.
OBJECTIVE #3: To recognize and resist pressures to use drugs. Social influences play a key role in encouraging children to try alcohol and other drugs. Pressures to use drugs come from internal sources, such as a child's desire to feel included in a group or to demonstrate independence, and external influences, such as the opinions and example of friends, older children and adults, and media messages. Students must learn to identify these pressures. They must then learn how to counteract messages to use drugs and gain practice in saying no. The education program emphasizes influences on behavior, responsible decision making, and techniques for resisting pressures to use drugs.

Sample topics for elementary through high school:

  • The influence of popular culture on behavior.
  • The influence of peers, parents, and other important individuals on a student's behavior; ways in which the need to feel accepted by others influences behavior.
  • Ways to make responsible decisions and to deal constructively with disagreeable moments and pressures.
  • Reasons for not taking drugs.
  • Situations in which students may be pressured into using alcohol and other drugs.
  • Ways of resisting pressure to use drugs.
  • Effects of drug use on family and friends, and benefits of resisting pressure to use drugs.
Sample learning activities for elementary through high school:
  • Describe recent personal decisions. In small groups, discuss what considerations influenced the decision (e.g., opinions of family or friends, beliefs, desire to be popular) and analyze choices and consequences.
  • Examine ads for cigarettes, over-the-counter drugs, and alcohol, deciding what images are being projected and whether the ads are accurate.
  • Read stories about famous people who held to their beliefs in the face of opposition. Students can discuss how these people withstood the pressure and what they accomplished.
  • Give reasons for not taking drugs. Discuss with a health educator or drug counselor the false arguments for using drugs. Develop counterarguments in response to typical messages or pressures on behalf of drug use.
  • Given a scenario depicting pressure to use drugs, act out ways of resisting (simply refusing, giving a reason, leaving the scene, etc.). Students should then practice these techniques repeatedly. Demonstrate ways of resisting pressures, using older students specially trained as peer teachers.
  • Present scenarios involving drug-related problems (e.g., learning that another student is selling drugs, learning that a sibling is using drugs, or being offered a drive home by a friend under the influence of drugs). Students practice what they would do and discuss to whom they would turn for help. Teachers should discuss and evaluate the appropriateness of student responses.
  • Discuss how it feels to resist pressures to take drugs. Hold a poster contest to depict the benefits derived both from not using and from saying no (e.g., being in control, increased respect from others, self-confidence).
OBJECTIVE #4: To promote activities that reinforce the positive, drug-free elements of student life.

School activities that provide opportunities for students to have fun without alcohol and other drugs, and to contribute to the school community, build momentum for peer pressure not to use drugs. These school activities also nurture positive examples by giving older students opportunities for leadership related to drug prevention.

Sample activities:

  • Make participation in school activities dependent on an agreement not to use alcohol and other drugs.
  • Ensure that alcohol and other drugs will not be available at school-sponsored activities or parties. Plan these events carefully to be certain that students have attractive alternatives to drug use.
  • Give students opportunities for leadership. They can be trained to serve as peer leaders in drug prevention programs, write plays, or design posters for younger students. Activities such as these provide youthful role models who demonstrate the importance of not using drugs. Youth training programs are available that prepare students to assist in drug education and provide information on how to form drug-free youth groups.
  • Form action teams for school improvement with membership limited to students who are drug free. These action teams campaign against drug use, design special drug-free events, conduct and follow up on surveys of school needs, help teachers with paperwork, tutor other students, or improve the appearance of the school. Through these activities, students develop a stake in their school, have the opportunity to serve others, and have positive reasons to reject drug use.
  • Survey community resources that offer help for alcohol or other drug problems or ways to cope with drug use by a family member.
  • Create a program in the school for support of students returning from treatment.

HOW THE LAW CAN HELP

Federal law accords school officials broad authority to regulate student conduct and supports reasonable and fair disciplinary action. In 1984, the Supreme Court reaffirmed that the constitutional rights of students in school are not "automatically coextensive with the rights of adults in other settings."1 Rather, recognizing that "in recent years . .. drug use and violent crime in the schools have become major social problems," the Court has emphasized the importance of effective enforcement of school rules.2 On the whole, a school "is allowed to determine the methods of student discipline and need not exercise its discretion with undue timidity."3 An effective campaign against drug use requires a basic understanding of legal techniques for searching and seizing drugs and drug-related material, for suspending and expelling students involved with drugs, and for assisting law enforcement officials in the prosecution of drug offenders. Such knowledge will help schools identify and penalize students who use or sell drugs at school and enable school officials to uncover the evidence needed to support prosecutions under Federal and State criminal laws that contain strong penalties for drug use and sale. In many cases, school officials can be instrumental in successful prosecutions.

In addition to the general Federal statutes that make it a crime to possess or distribute a controlled substance, there are special Federal laws designed to protect children and schools from drugs:

  • An important part of the Controlled Substances Act makes it a Federal crime to sell drugs in or near a public or private elementary, secondary, vocational, or postsecondary school. Under this "schoolhouse" law, sales within 1,000 feet of a school are punishable by up to double the sentence that would apply if the sale occurred elsewhere. Even more serious punishments are available for repeat offenders.4
  • Distribution or sale to minors of controlled substances is also a Federal crime. When anyone age 18 or over sells drugs to anyone under 21, the seller runs the risk that he or she will receive up to double the sentence that would apply to a sale to an adult. Here too, more serious penalties can be imposed on repeat offenders.5
By working with Federal and State prosecutors in their area, schools can help to ensure that these laws and others are used to make children and schools off-limits to drugs. The following pages describe in general terms the Federal laws applicable to the development of an effective school drug policy. This section is not a compendium of all laws that may apply to a school district, and it is not intended to provide legal advice on all issues that may arise. School officials must recognize that many legal issues in the school context are also governed, in whole or in part, by State and local laws, which, given their diversity, cannot be covered here. Advice should be sought from legal counsel in order to understand the applicable laws and to ensure that the school's policies and actions make full use of the available methods of enforcement. Most private schools, particularly those that receive little or no financial assistance from public sources and are not associated with a public entity, enjoy a greater degree of legal flexibility with respect to combating the sale and use of illegal drugs. Depending on the terms of their contracts with enrolled students, such schools may be largely free of the restrictions that normally apply to drug searches or the suspension or expulsion of student drug users. Private school officials should consul legal counsel to determine what enforcement measures may be available to them.

School procedures should reflect the available legal means for combating drug use. These procedures should be known to and understood by school administrators and teachers as well as by students, parents, and law enforcement officials. Everyone should be aware that school authorities have broad power within the law to take full, appropriate, and effective action against drug offenders. Additional sources of information on legal issues in school drug policy are listed at the end of this handbook.

SEARCHING FOR DRUGS WITHIN THE SCHOOL

In some circumstances, the most important tool for controlling drug use is an effective program of drug searches. School administrators should not condone the presence of drugs anywhere on school property. The presence of any drugs or drug-related materials in school can mean only one thing--that drugs are being used or distributed in school. Schools committed to fighting drugs should do everything they can to determine whether school grounds are being used to facilitate the possession, use, or distribution of drugs, and to prevent such crimes.

To institute an effective drug search policy in schools with a substantial problem, school officials can take several steps. First, they can identify the specific areas in the school where drugs are likely to be found or used. Student lockers, bathrooms, and "smoking areas" are obvious candidates. Second, school administrators can clearly announce in writing at the beginning of the school year that these areas will be subject to unannounced searches and that students should consider such areas "public" rather than "private." The more clearly a school specifies, that these portions of the school's property are public, the less likely it is that a court will conclude that students retain any reasonable expectation of privacy in these places and the less justification will be needed to search such locations.

School officials should therefore formulate and disseminate to all students and staff a written policy that will permit an effective program of drug searches. Courts have usually upheld locker searches where schools have established written policies under which the school retains joint control over student lockers, maintains duplicate or master keys for all lockers, and reserves the right to inspect lockers at any time.6

Although these practices have not become established law in every part of the country, it will be easier to justify locker searches in schools that have such policies. Moreover, the mere existence of such policies can have a salutory effect. If students know that their lockers may be searched, drug users will find it much more difficult to obtain drugs in school. The effectiveness of such searches may be improved with the use of specially trained dogs. Courts have generally held that the use of dogs to detect drugs on or in objects such as lockers, ventilators, or desk, as opposed to persons is not a "search" within the meaning of the Fourth Amendment.7

Accordingly, school administrators are generally justified in using dogs in this way.

It is important to remember that any illicit drugs and drug-related items discovered at school are evidence that may be used in a criminal trial. School officials should be careful, first, to protect the evidentiary integrity of such seizures by making sure that the items are obtained in permissible searches, because unlawfully acquired evidence will not be admissible in criminal proceedings. Second, school officials should work closely with local law enforcement officials to preserve, in writing, the nature and circumstances of any seizure of drug contraband. In a criminal prosecution, the State must prove that the items produced as evidence in court are the same items that were seized from the suspect. Thus, the State must establish a "chain of custody" over the seized items which accounts for the possession of the evidence from the moment of its seizure to the moment it is introduced in court. School policy regarding the disposition of drug-related items should include procedures for the custody and safekeeping of drugs and drug-related materials prior to their removal by the police and procedures for recording the circumstances regarding the seizure.

Searching Students

In some circumstances, teachers or other school personnel will wish to search a student whom they believe to be in possession of drugs. The Supreme Court has stated that searches may be carried out according to "the dictates of reason and common sense."8 The Court has recognized that the need of school authorities to maintain order justifies searches that might otherwise be unreasonable if undertaken by police officers or in the larger community. Thus the Court has held that school officials, unlike the police, do not need "probable cause" to conduct a search. Nor do they need a search warrant.9

Under the Supreme Court's ruling:

  • School officials may institute a search if there are "reasonable grounds" to believe that the search will reveal evidence that the student has violated or is violating either the law or the rules of the school.
  • The extent of the permissible search will depend on whether the measures used are reasonably related to the purpose of the search and are not excessively intrusive in light of the age and sex of the student.
  • School officials are not required to obtain search warrants when they carry out searches independent of the police and other law enforcement officials. A more stringent legal standard may apply if law enforcement officials are involved in the search.

Interpretation of "Reasonable Grounds"

Lower courts are beginning to interpret and apply the "reasonable grounds" standard in the school setting. From these cases it appears that courts will require more than general suspicion, curiosity, rumor, or a hunch to justify searching students or their possessions. Factors that will help sustain a search include the observation of specific and describable behavior or activities leading one reasonably to believe that a given student is engaging in or has engaged in prohibited conduct. The more specific the evidence in support of searching a particular student, the more likely the search will be upheld. For example, courts using a "reasonable grounds" (or similar) standard have upheld the right of school officials to search the following:
  • A student's purse, after a teacher saw her smoking in a restroom and the student denied having smoked or being a smoker.10
  • A student's purse, after several other students said that she had been distributing firecrackers.11
  • A student's pockets, based on a phone tip about drugs from an anonymous source believed to have previously provided accurate information.12

Scope of Permissible Search

School officials are authorized to conduct searches within reasonable limits. The Supreme Court has described two aspects of these limits. First, when officials conduct a search, they must use only measures that are reasonably related to the purpose of the search; second, the search may not be excessively intrusive in light of the age or sex of the student.

For example, if a teacher believes he or she has seen one student passing a marijuana cigarette to another student, the teacher might reasonably search the students and any nearby belongings in which the students might have tried to hide the drug. If it turns out that what the teacher saw was a stick of gum, the teacher would have no justification for any further search for drugs.

The more intrusive the search, the greater the justification that will be required by the courts. A search of a student's jacket or bookbag can often be justified as reasonable. At the other end of the spectrum, strip searches are considered a highly intrusive invasion of individual privacy and are viewed with disfavor by the courts (although even these searches have been upheld in certain extraordinary circumstances).

School officials do not necessarily have to stop a search if they find what they are looking for. If the search of a student reveals items that create reasonable grounds for suspecting that the student may also possess other evidence of crime or misconduct, the school officials may continue the search. For example, if a teacher justifiably searches a student's purse for cigarettes and finds rolling papers like those used for marijuana cigarettes, it will then be reasonable for the teacher to search the rest of the purse for other evidence of drugs.

Consent

If a student consents to a search, the search is permissible, regardless of whether there would otherwise be reasonable grounds for the search. To render such a search valid, however, the student must give consent knowingly and voluntarily.

Establishing whether the student's consent was voluntary can be difficult, and the burden is on the school officials to prove voluntary consent. If a student agrees to be searched out of fear or as a result of other coercion, that consent will probably be found invalid. Similarly, if school officials indicate that a student must agree to a search or if the student is very young or otherwise unaware that he or she has the right to object, the student's consent will also be held invalid. School officials may find it helpful to explain to students that they do not have to consent to a search. In some cases, standard consent forms may be useful.

If a student is asked to consent to a search and refuses, that refusal does not mean that the search may not be conducted. Rather, in the absence of consent, school officials retain the authority to conduct a search when there are reasonable grounds to justify it, as described previously.

Special Types of Student Searches

Schools with severe drug problems may occasionally wish to resort to more intrusive searches, such as the use of trained dogs or urinalysis, to screen students for drug use. The Supreme Court has yet to address these issues. The following paragraphs explain the existing rulings on these subjects by other courts:
  • Specially trained dogs. The few courts that have considered this issue disagree as to whether the use of a specially trained dog to detect drugs on students constitutes a search within the meaning of the Fourth Amendment. Some courts have held that a dog's sniffing of a student is a search, and that, in the school setting, individualized grounds for reasonable suspicion are required in order for such a "sniff-search" to be held constitutional.13 Under this standard, a blanket search of a school's entire student population by specially trained dogs would be prohibited.

    At least one other court has held that the use of trained dogs does not constitute a search, and has permitted the use of such dogs without individualized grounds for suspicion.14 Another factor that courts may consider is the way that the dogs detect the presence of drugs. In some instances, the dogs are merely led down hallways or classroom aisles. In contrast, having the dogs actually touch parts of the students' bodies is more intrusive and would probably require specific justification.

    Courts have generally held that the use of specially trained dogs to detect drugs on objects, as opposed to persons, is not a search within the meaning of the Fourth Amendment. Therefore, school officials may often be able to use dogs to inspect student lockers and school property.15

  • Drug testing. The use of urinalysis or other tests to screen students for drugs is a relatively new phenomenon and the law in this area is still evolving. Few courts have considered the use of urinalysis to screen public school students for drugs, and those courts that have done so have reached mixed results.16 The permissibility of drug testing of students has not yet been determined under all circumstances, although drug testing of adults has been upheld in some settings.

SUSPENSION AND EXPULSION

A school policy may lawfully provide for penalties of varying severity, including suspension and expulsion, to respond to drug-related offenses. The Supreme Court has held that because schools "need to be able to impose disciplinary sanctions for a wide range of unanticipated conduct disruptive of the educational process," a school's disciplinary rules need not be so detailed as a criminal code.17 Nonetheless, it is helpful for school policies to be explicit about the types of offenses that will be punished and about the penalties that may be imposed for each of these (e.g., use, possession, or sale of drugs). State and local law will usually determine the range of sanctions that is permissible. In general, courts will require only that the penalty imposed for drug-related misconduct be rationally related to the severity of the offense.

School officials should not forget that they have jurisdiction to impose punishment for some drug-related offenses that occur off-campus. Depending on State and local laws, schools are often able to punish conduct at off-campus, school-sponsored events as well as off-campus conduct that has a direct and immediate effect on school activities.

Procedural Guidelines

Students facing suspension or expulsion from school are entitled under the U.S. Constitution and most State constitutions to commonsense due process protections of notice and an opportunity to be heard. Because the Supreme Court has recognized that a school's ability to maintain order would be impeded if formal procedures were required every time school authorities sought to discipline a student, the Court has held that the nature and formality of the "hearing" will 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.18 The Supreme Court has held that due process in that situation requires only that:

  • The school must inform the student, either orally or in writing, of the charges against him or her and of the evidence to support those charges.
  • The school must give the student an opportunity to deny the charges and present his or her side of the story.
  • As a general rule, this notice and rudimentary hearing should precede a suspension. However, a student whose presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process may be immediately removed from school. In such a situation, the notice and rudimentary hearing should follow as soon as possible.
The Supreme Court has also stated that more formal procedures may be required for suspensions longer than 10 days and for expulsions. Although the Court has not established specific procedures to be followed in those situations, other Federal courts have set the following guidelines for expulsions.19 These guidelines would apply to suspensions longer than 10 days as well:
  • The student must be notified in writing of the specific charges against him or her which, if proven, would justify expulsion.
  • The student should be given the names of the witnesses against him or her and an oral or written report on the facts to which each witness will testify.
  • The student should be given the opportunity to present a defense against the charges and to produce witnesses or testimony on his or her behalf.
Many States have laws governing the procedures required for suspensions and expulsions. Because applicable statutes and judicial rulings vary across the country, local school districts may enjoy a greater or lesser degree of flexibility in establishing procedures for suspensions and expulsions. School officials must also be aware of the special procedures that apply to suspension or expulsion of students with disabilities under Federal law and regulations.20

Effect of Criminal Proceedings Against a Student

A school may usually pursue disciplinary action against a student regardless of the status of any outside criminal prosecution. That is, Federal law does not require the school to await the outcome of the criminal prosecution before initiating proceedings to suspend or expel a student or to impose whatever other penalty is appropriate for the violation of the school's rules. In addition, a school is generally free under Federal law to discipline a student when there is evidence that the student has violated a school rule, even if a juvenile court has acquitted (or convicted) the student or if local authorities have declined to prosecute criminal charges stemming from the same incident. Schools may wish to discuss this subject with counsel.

Effect of Expulsion

State and local law will determine the effect of expelling a student from school. Some State laws require the provision of alternative schooling for students below a certain age. In other areas, expulsion may mean the removal from public schools for the balance of the school year or even the permanent denial of access to the public school system.

CONFIDENTIALITY OF EDUCATION RECORDS

To rid their schools of drugs, school officials will periodically need to report drug-related crimes to police and to help local law enforcement authorities detect and prosecute drug offenders. In doing so, schools will need to take steps to ensure compliance with Federal and State laws governing confidentiality of student records.

The Federal law that addresses this issue is the Family Educational Rights and Privacy Act (FERPA),21 which applies to any school that receives Federal funding and which limits the disclosure of certain information about students that is contained in education records.22 Under FERPA, disclosure of information in education records to individuals or entities other than parents, students, and school officials is permissible only in specified situations.23 In many cases, unless the parents or an eligible student24 provides written consent, FERPA will limit a school's ability to turn over education records or to disclose information from them to the police. Such disclosure is permitted, however, if (1) it is required by a court order or subpoena, or (2) it is warranted by a health and safety emergency. In the first of these two cases, reasonable efforts must be made to notify the student's parents before the disclosure is made. FERPA also permits disclosure if a State law enacted before November 19, 1974, specifically requires disclosure to State and local officials. Schools should be aware, however, that because FERPA governs only the information in education records, it does not limit disclosure of other information. Thus, school employees are free to disclose any information of which they become aware through personal observation. For example, a teacher who witnesses a drug transaction may, when the police arrive, report what he or she witnessed. Similarly, evidence seized from a student during a search is not an education record and may be turned over to the police without constraint. State laws and school policies may impose additional, and sometimes more restrictive, requirements regarding the disclosure of information about students. Because this area of the law is complicated, it is especially important that an attorney be involved in formulating school policy under FERPA and applicable State laws.

OTHER LEGAL ISSUES

Lawsuits Against Schools or School Of Officials Disagreements between parents or students and school officials about disciplinary measures usually can be resolved informally. Occasionally, however, a school's decisions and activities relating to disciplinary matters are the subject of lawsuits by parents or students against administrators, teachers, and school systems. For these reasons, it is advisable that school districts obtain adequate insurance coverage for themselves and for all school personnel for liability arising from disciplinary actions.

Suits may be brought in Federal or State court; typically, they are based on a claim that a student's constitutional or statutory rights have been violated. Frequently, these suits will seek to revoke the school district's imposition of some disciplinary measure, for example, by ordering the reinstatement of a student who has been expelled or suspended. Suits may also attempt to recover money damages from the school district or the employee involved, or both; however, court awards of money damages are extremely rare. Moreover, although there can be no guarantee of a given result in any particular case, courts in recent years have tended to discourage such litigation,

In general, disciplinary measures imposed reasonably and in accordance with established legal requirements will be upheld by the courts. As a rule, Federal judges will not substitute their interpretations of school rules or regulations for those of local school authorities or otherwise second-guess reasonable decisions by school officials.25 In addition, school officials are entitled to a qualified good-faith immunity from personal liability for damages for having violated a student's Federal constitutional or civil rights.26 When this immunity applies, it shields school officials from any personal liability for money damages. Thus, as a general matter, personal liability is very rare, because officials should not be held personally liable unless their actions are clearly unlawful, unreasonable, or arbitrary.

When a court does award damages, the award may be "compensatory" or "punitive." Compensatory damages are awarded to compensate the student for injuries actually suffered as a result of the violation of his or her rights and cannot be based upon the abstract quot;value" or "importance" of the constitutional rights in question.27 The burden is on the student to prove that he or she suffered actual injury as a result of the deprivation. Thus, a student who is suspended, but not under the required procedures, will not be entitled to compensation if the student would have been suspended had a proper hearing been held. If the student cannot prove that the failure to hold a hearing itself caused him or her some compensable harm, then the student is entitled to no more than nominal damages, such as $1.00.28 quot;Punitive damages" are awarded to punish the perpetrator of the injury. Normally, punitive damages are awarded only when the conduct in question is malicious, unusually reckless, or otherwise reprehensible. Parents and students can also claim that actions by a school or school officials have violated State law. For example, it can be asserted that a teacher "assaulted" a student in violation of a State criminal law. The procedures and standards in actions involving such violations are determined by each State. Some States provide a qualified immunity from tort liability under standards similar to the "good faith" immunity in Federal civil rights actions. Other States provide absolute immunity under their law for actions taken in the course of a school official's duties.

Nondiscrimination in Enforcement of Discipline

Federal law applicable to programs or activities receiving Federal financial assistance prohibits school officials who are administering discipline from discriminating against students on the basis of race, color, national origin, or sex. Schools should therefore administer their discipline policies evenhandedly, without regard to such considerations. Thus, as a general matter, students with similar disciplinary records who violate the same rule in the same way should be treated similarly. For example, if male and female students with no prior record of misbehavior are caught together smoking marijuana, it would not, in the absence of other relevant factors, be advisable for the school to suspend the male student for 10 days while imposing only an afternoon detention on the female student. Such divergent penalties for the same offense may be appropriate, however, if the student who received the harsher punishment had a history of misconduct or committed other infractions after this first confrontation with school authorities.

School officials should also be aware of and adhere to the special rules and procedures for the disciplining of students with disabilities under the Individuals with Disabilities Education Act, 20 U.S.C. 1400-20 and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794.

RESOURCES

Specific Drugs and Their Effects

TOBACCO

Effects

The smoking of tobacco products is the chief avoidable cause of death in our society. Smokers are more likely than nonsmokers to contract heart disease--some 170,000 die each year from smoking-related coronary heart disease. Lung, larynx, esophageal, bladder, pancreatic, and kidney cancers also strike smokers at increased rates. Some 30 percent of cancer deaths (130,000 per year) are linked to smoking. Chronic obstructive lung diseases such as emphysema and chronic bronchitis are 10 times more likely to occur among smokers than among nonsmokers. Smoking during pregnancy also poses serious risks.

Spontaneous abortion, preterm birth, low birth weights, and fetal and infant deaths are all more likely to occur when the pregnant woman/mother is a smoker.

Cigarette smoke contains some 4,000 chemicals, several of which are known carcinogens. Other toxins and irritants found in smoke can produce eye, nose, and throat irritations. Carbon monoxide, another component of cigarette smoke, combines with hemoglobin in the blood stream to form carboxyhemoglobin, a substance that interferes with the body's ability to obtain and use oxygen.

Perhaps the most dangerous substance in tobacco smoke is nicotine. Although it is implicated in the onset of heart attacks and cancer, its most dangerous role is reinforcing and strengthening the desire to smoke. Because nicotine is highly addictive, addicts find it very difficult to stop smoking. Of 1,000 typical smokers, fewer than 20 percent succeed in stopping on the first try.

Although the harmful effects of smoking cannot be questioned, people who quit can make significant strides in repairing damage done by smoking. For pack-a-day smokers, the increased risk of heart attack dissipates after 10 years. The likelihood of contracting lung cancer as a result of smoking can also be greatly reduced by quitting.

ALCOHOL

Effects

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.

CANNABIS

Effects

All forms of cannabis have negative physical and mental effects. Several regularly observed physical effects of cannabis are a substantial increase in the heart rate, bloodshot eyes, a dry mouth and throat, and increased appetite. Use of cannabis may impair or reduce short-term memory and comprehension, alter sense of time, and reduce ability to perform tasks requiring concentration and coordination, such as driving a car. Research also shows that students do not retain knowledge when they are "high." Motivation and cognition may be altered, making the acquisition of new information difficult. Marijuana can also produce paranoia and psychosis. Because users often inhale the unfiltered smoke deeply and then hold it in their lungs as long as possible, marijuana is damaging to the lungs and pulmonary system. Marijuana smoke contains more cancer-causing agents than tobacco smoke. Long-term users of cannabis may develop psychological dependence and require more of the drug to get the same effect. The drug can become the center of their lives.

INHALANTS

Effects

The immediate negative effects of inhalants include nausea, sneezing, coughing, nosebleeds, fatigue, lack of coordination, and loss of appetite. Solvents and aerosol sprays also decrease the heart and respiratory rates and impair judgment. Amyl and butyl nitrite cause rapid pulse, headaches, and involuntary passing of urine and feces. Long-term use may result in hepatitis or brain damage.

Deeply inhaling the vapors, or using large amounts over a short time, may result in disorientation, violent behavior, unconsciousness, or death. High concentrations of inhalants can cause suffocation by displacing the oxygen in the lungs or by depressing the central nervous system to the point that breathing stops.

Long-term use can cause weight loss, fatigue, electrolyte imbalance, and muscle fatigue. Repeated sniffing of concentrated vapors over time can permanently damage the nervous system.

COCAINE

Effects

Cocaine stimulates the central nervous system. Its immediate effects include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature. Occasional use can cause a stuffy or runny nose, while chronic use can ulcerate the mucous membrane of the nose. Injecting cocaine with contaminated equipment can cause AIDS, hepatitis, and other diseases. Preparation of freebase, which involves the use of volatile solvents, can result in death or injury from fire or explosion. Cocaine can produce psychological and physical dependency, a feeling that the user cannot function without the drug. In addition, tolerance develops rapidly. Crack or freebase rock is extremely addictive, and its effects are felt within 10 seconds. The physical effects include dilated pupils, increased pulse rate, elevated blood pressure, insomnia, loss of appetite, tactile hallucinations, paranoia, and seizures.

The use of cocaine can cause death by cardiac arrest or respiratory failure.

OTHER STIMULANTS

Effects

Stimulants can cause increased heart and respiratory rates, elevated blood pressure, dilated pupils, and decreased appetite. In addition, users may experience sweating, headache, blurred vision, dizziness, sleeplessness, and anxiety. Extremely high doses can cause a rapid or irregular heartbeat, tremors, loss of coordination, and even physical collapse. An amphetamine injection creates a sudden increase in blood pressure that can result in stroke, very high fever, or heart failure.

In addition to the physical effects, users report feeling restless, anxious, and moody. Higher doses intensify the effects. Persons who use large amounts of amphetamines over a long period of time can develop an amphetamine psychosis that includes hallucinations, delusions, and paranoia. These symptoms usually disappear when drug use ceases.

DEPRESSANTS

Effects

The effects of depressants are in many ways similar to the effects of alcohol. Small amounts can produce calmness and relaxed muscles, but somewhat larger doses can cause slurred speech, staggering gait, and altered perception. Very large doses can cause respiratory depression, coma, and death. The combination of depressants and alcohol can multiply the effects of the drugs, thereby multiplying the risks.

The use of depressants can cause both physical and psychological dependence. Regular use over time may result in a tolerance to the drug, leading the user to increase the quantity consumed. When regular users suddenly stop taking large doses, they may develop withdrawal symptoms ranging from restlessness, insomnia, and anxiety to convulsions and death. Babies born to mothers who abuse depressants during pregnancy may be physically dependent on the drugs and show withdrawal symptoms shortly after they are born. Birth defects and behavioral problems also may result.

HALLUCINOGENS

Effects

Phencyclidine (PCP) interrupts the functions of the neocortex, the section of the brain that controls the intellect and keeps instincts in check. Because the drug blocks pain receptors, violent PCP episodes may result in self-inflicted injuries. The effects of PCP vary, but users frequently report a sense of distance and estrangement. Time and body movement are slowed down. Muscular coordination worsens and senses are dulled. Speech is blocked and incoherent. Chronic users of PCP report persistent memory problems and speech difficulties. Some of these effects may last 6 months to a year following prolonged daily use. Mood disorders--depression, anxiety, and violent behavior--also occur. In later stages of chronic use, users often exhibit paranoid and violent behavior and experience hallucinations. Large doses may produce convulsions and coma, as well as heart and lung failure. Lysergic acid {LSD), mescaline, and psilocybin cause illusions and hallucinations.

The physical effects may include dilated pupils, elevated body temperature, increased heart rate and blood pressure, loss of appetite, sleeplessness, and tremors.

Sensations and feelings may change rapidly. It is common to have a bad psychological reaction to LSD, mescaline, and psilocybin. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects, or flashbacks, can occur even after use has ceased.

NARCOTICS

Effects

Narcotics initially produce a feeling of euphoria that often is followed by drowsiness, nausea, and vomiting. Users also may experience constricted pupils, watery eyes, and itching. An overdose may produce slow and shallow breathing, clammy skin, convulsions, coma, and possible death. Tolerance to narcotics develops rapidly and dependence is likely. The use of contaminated syringes may result in disease such as AIDS, endocarditis, and hepatitis. Addiction in pregnant women can lead to premature, stillborn, or addicted infants who experience severe withdrawal symptoms.

DESIGNER DRUGS

Effects

Illegal drugs are defined in terms of their chemical formulas. To circumvent these legal restrictions, underground chemists modify the molecular structure of certain illegal drugs to produce analogs known as designer drugs. These drugs can be several hundred times stronger than the drugs they are designed to imitate.

Many of the so-called designer drugs are related to amphetamines and have mild stimulant properties but are mostly euphoriants. They can produce severe neurochemical damage to the brain.

The narcotic analogs can cause symptoms such as those seen in Parkinson's disease: uncontrollable tremors, drooling, impaired speech, paralysis, and irreversible brain damage. Analogs of amphetamines and methamphetamines cause nausea, blurred vision, chills or sweating, and faintness. Psychological effects include anxiety, depression, and paranoia. As little as one dose can cause brain damage. The analogs of phencyclidine cause illusions, hallucinations, and impaired perception.

ANABOLIC STEROIDS

Anabolic steroids are a group of powerful compounds closely related to the male sex hormone testosterone. Developed in the 1930s, steroids are seldom prescribed by physicians today. Current legitimate medical uses are limited to certain kinds of anemia, severe burns, and some types of breast cancer. Taken in combination with a program of muscle-building exercise and diet, steroids may contribute to increases in body weight and muscular strength. Because of these properties, athletes in a variety of sports have used steroids since the 1950s, hoping to enhance performance. Today, they are being joined by increasing numbers of young people seeking to accelerate their physical development.

Steroid users subject themselves to more than 70 side effects ranging in severity from liver cancer to acne and including psychological as well as physical reactions. The liver and the cardiovascular and reproductive systems are most seriously affected by steroid use. In males, use can cause withered testicles, sterility, and impotence. In females, irreversible masculine traits can develop along with breast reduction and sterility. Psychological effects in both sexes include very aggressive behavior known as "roid rage" and depression. While some side effects appear quickly, others, such as heart attacks and strokes, may not show up for years. Signs of steroid use include quick weight and muscle gains (if steroids are being used in conjunction with a weight training program); behavioral changes, particularly increased aggressiveness and combativeness; jaundice; purple or red spots on the body; swelling of feet or lower legs; trembling; unexplained darkening of the skin; persistent unpleasant breath odor, and severe acne.

Steroids are produced in tablet or capsule form for oral ingestion, or as a liquid for intramuscular injection.

Sources of Information

The Department of Education does not endorse private or commercial products or services, or products or services not affiliated with the Federal Government. The sources of information listed on this and the following pages are intended only as a partial listing of the resources that are available to readers of this booklet. Readers are encouraged to research and inform themselves of the products or services, relating to drug and alcohol abuse, that are available to them. Readers are encouraged to visit their public libraries to find out more about the dangers of drug and alcohol abuse, or to call local, State, or national hotlines for further information, advice, or assistance.

TOLL-FREE INFORMATION
1-800-COCAINE--COCAINE HELPLINE

A round-the-clock information and referral service. Recovering cocaine addict counselors answer the phones, offer guidance, and refer drug users and parents to local public and private treatment centers and family learning centers.

1-800-NCA-CALL--NATIONAL COUNCIL ON ALCOHOLISM INFORMATION LINE

The National Council on Alcoholism, Inc., is the national nonprofit organization combating alcoholism, other drug addictions, and related problems. Provides information about NCA's State and local affiliates' activities in their areas. Also provides referral services to families and individuals seeking help with an alcohol or other drug problem.

1-800-662-HELP--NIDA HOTLINE

NIDA Hotline, operated by the National Institute on Drug Abuse, is a confidential information and referral line that directs callers to cocaine abuse treatment centers in the local community. Free materials on drug use also are distributed in response to inquiries.