SCHOOLS WITHOUT DRUGS - A PLAN FOR US ALL

A Plan for Achieving Schools Without Drugs

PARENTS:

1. Teach standards of right and wrong, and demonstrate 
these standards through personal example.

2. Help children to resist poor pressure to use alcohol and
other drugs by supervising their activities, knowing who
their friends are, and talking with them about their
interests and problems.

3. Be knowledgeable about drugs and signs of drug use. When
symptoms are observed, respond promptly.

SCHOOLS:

4. Determine the extent and character of alcohol and other
drug use and monitor that use regularly.

5. Establish clear and specific rules regarding alcohol and
other drug use that include strong corrective actions.

6. Enforce established policies against drug use fairly and
consistently. Ensure adequate security measures to
eliminate drugs from school premises and school functions.

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

8. Reach out to the community for support and assistance 
in making the school's anti-drug 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.

STUDENTS:

9. Learn about the effects of alcohol and other drug use, the 
reasons why drugs are harmful, and ways to resist pressures to 
try drugs.

10. Use an understanding of the danger posed by alcohol and
other 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.

COMMUNITIES:

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

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

"I felt depressed and hurt all the time. I hated myself
for the way I hurt my parents and treated them so cruelly
and for the way I treated others. I hated myself the most,
though, for the way I treated myself. I would take drugs
until I overdosed, and fell further and  further behind in
school and work and relationships with others. I just
didn't care anymore whether I lived or died. I stopped
going to school altogether .... I felt constantly
depressed and began having thoughts of suicide, which
scared me a lot! I didn't know where to turn..."

          --Stewart, a high school student

CHILDREN AND DRUGS

When 13- to 18-year-olds were asked to name the biggest
problem facing young people today, drug use led the list. 
In 1987, 54 percent of teens cited drugs as their greatest
concern--up from 27 percent only 10 years earlier.

Eighty-nine percent of teens oppose legalization of
marijuana, and 77 percent believe it would be wrong to
decriminalize the possession of small amounts of marijuana.

Drugs and alcohol rank high on the list of topics that
teens wish they could discuss more with their parents--42
percent want more discussions with parents about drugs, and 
39 percent feel the need to talk about drinking.

     --The Gallup Youth Surveys, 1987 and 1988

Adult's share this concern, ranking student drug use as
the most serious problem facing our nation's schools for 
the third consecutive year.

     --20th Annual Gallup Poll of the Public's Attitudes 
Toward Public Schools, 1988

Children and Drugs

Americans have consistently identified drug use as being
among the top problems confronting the nation's schools. 
Yet many do not recognize the degree to which their own 
children, their own schools, and their own communities are 
at risk.

Research shows that drug use among children is 10 times
more prevalent than parents suspect. In addition, many 
students know that their parents do not recognize the 
extent of drug use; as a result, some young people believe 
that they can use drugs with impunity.

School administrators and teachers often are unaware that
some of their students are using and selling drugs on 
school property. As Ralph Egers, former superintendent of 
schools in South Portland, Maine, put it, "We'd like to 
think that our kids don't have this problem, but the 
brightest kid from the best family in the community could 
have the problem."

     The facts are:

   * Drug use is not confined to young people in certain
     geographic areas or from particular economic      
     backgrounds; drug use affects young people throughout 
     the nation.

   * Drugs are a serious problem not only among high school
     students but among middle and elementary school 
     students as well.

   * Heavy drinking, defined as five or more drinks on one
     occasion, is reported by 30 percent of high school
     seniors, and more than one-half are occasional users 
     of alcohol.

   * All illegal drugs are dangerous; there is no such 
     thing as safe or responsible use of illegal drugs.

   * Although drug trafficking is controlled by adults, the
     immediate source of drugs for most students is other
     students.

     Continuing misconceptions about the drug problem stand 
in the way of corrective action. The following section 
outlines the nature and extent of the problem and summaries 
the latest research on the effects of drugs on students and 
schools.

Extent of Alcohol and Other Drug Use

     Drug use is widespread among American schoolchildren.
Although a national study of high school seniors in 1991 
shows that drug use among young people is declining, the 
figures remain unacceptably high (see Figure 2). The United 
States continues to have the highest rate of teenage drug 
use of any nation in the industrialized world. Forty-four 
percent of high school seniors have tried an illicit drug 
by the time they graduate. Alcohol is the most widely used 
drug. By their senior year, 88 percent of students in the 
class of 1991 had used alcohol; 78 percent had used alcohol 
in the past year and 54 percent had used it in the month 
prior to the survey. Thirty percent of seniors surveyed 
reported at least one occasion of heavy drinking in the two 
weeks prior to the survey--an occasion in which they had 
five or more drinks in a row.  

Twenty-four percent of 1991 seniors reported using 
marijuana in the past year, and 14 percent said they had 
used it at least once in the previous month. Three and one-
half percent of seniors indicated that they had used 
cocaine in the past year. Three percent of seniors had used 
crack, and 1.5 percent had used it within the last year.

The drug problem affects all types of students. All
regions and all types of communities show high levels of 
drug use. Thirty percent of 1990 high school seniors in
nonmetropolitan areas reported illicit drug use in the 
previous year, while the rate for seniors in large 
metropolitan areas was 33 percent. Although higher 
proportions of males are involved in illicit drug use, 
specially heavy drug use, the gap between the sexes is 
closing. The extent to which high school seniors reported 
having used illicit drugs is higher for whites than for 
blacks.

Initial use of alcohol and other drugs occurs at an
increasingly early age. Nineteen percent of seniors report 
they had initiated cigarette use by sixth grade and 11 
percent had used alcohol. Forty-four percent of 8th graders 
have tried cigarettes, and 70 percent have at least tried 
alcohol.  Twenty-seven percent of 8th graders have gotten 
drunk at least once, and 13 percent report they have 
consumed five or more drinks in a row. Of the illicit 
drugs, marijuana and inhalants show the earliest pattern of 
initiation; about 2.8 percent of seniors had begun using 
both of these substances by the 6th grade. The peak 
initiation rate is reached by 9th grade. Peak initiation 
rates for cocaine and hallucinogens are reached in 10th and 
11th grade with the initiation rate for nearly all drugs 
falling off by 12th grade.

Fact Sheet

Youth and Alcohol

     Alcohol is the number one drug problem among youth. 
The easy availability, widespread acceptability, and 
extensive promotion of alcoholic beverages within our 
society make alcohol the most widely used and abused drug.

   * Alcohol use is widespread. By their senior year of      
     high school nearly 90 percent of students will have 
     tried alcoholic beverages. Despite a legal drinking 
     age of 21, junior and senior high school students 
     drink 35 percent of all wine coolers sold in the 
     United States. They also drink an estimated 1.1 
     billion bottles and cans of beer each year.

   * Drinking has acute effects on the body. The heavy,
     fast-paced drinking that young people commonly engage 
     in quickly alters judgment, vision, coordination, and 
     speech and often leads to dangerous risk-taking 
     behavior. Because young people have lower body weight 
     than adults, youth absorb alcohol into their blood 
     system faster than adults and exhibit greater 
     impairment for longer periods of time.  Alcohol use 
     not only increases the likelihood of being involved in 
     an accident, it increases the risk of serious
     injury in an accident because of its harmful effects 
     on numerous parts of the body.

   * Alcohol-related highway accidents are the principal 
     cause of death among young people ages 15 through 24. 
     Alcohol use is the primary cause of traffic accidents 
     involving teenage drivers. Furthermore, about half of 
     all youthful deaths in drowning, fires, suicide, and 
     homicide are alcohol-related.

   * Any alcoholic beverage can be misused. Contrary to 
     popular belief, drinking beer or wine can have effects 
     similar to drinking "hard" liquor. A bottle of beer, a 
     glass of wine, or a bottle of wine cooler have about 
     the same amount of ethyl alcohol as a drink made with 
     liquor. Those who drive "under the influence" are most 
     likely to have been drinking beer.

   * Early alcohol use is associated with subsequent 
     alcohol dependence and related health problems. Youth 
     who use alcohol at a younger age are more likely to 
     use alcohol heavily and to experience alcohol-related 
     problems affecting their relationships with family and 
     friends by late adolescence. Their school performance 
     is likely to suffer, and they are more likely to be 
     truant. They are also more likely to abuse other drugs 
     and to get in trouble with the law, or, if they are 
     girls, to become pregnant.

Effects of Drug Use

     The drugs students are taking today are more potent, 
more dangerous, and more addictive than ever.

     Adolescents are particularly vulnerable to the effects 
of drugs. Drugs threaten normal development in a number of 
ways:

   * Drugs can interfere with memory, sensation, and
     perception. They distort experiences and cause a loss 
     of self-control that can lead users to harm themselves 
     and others.

   * Drugs interfere with the brain's ability to take in, 
     sort, and synthesize information. As a result, sensory
     information runs together, providing new sensations 
     while blocking normal ability to understand the 
     information received.

   * Drugs can have an insidious effect on perception; for
     example, cocaine and amphetamines often give users a 
     false sense of functioning at their best while on the 
     drug.

     Drug suppliers have responded to the increasing demand 
for drugs by developing new strains, producing reprocessed,
purified drugs, and using underground laboratories to 
create more powerful forms of illegal drugs. Consequently, 
users are exposed to heightened or unknown levels of risk.

   * The marijuana produced today is from 5 to 20 times
     stronger than that available as recently as 10 years 
     ago. Regular use by adolescents has been associated 
     with an "amotivational syndrome," characterized by 
     apathy and loss of goals. Research has shown that 
     severe psychological damage, including paranoia and 
     psychosis, can occur when marijuana contains 2 percent 
     THC, its major psychoactive ingredient. Since the 
     early 1980s, most marijuana has contained from 4 to 6 
     percent THC-two or three times the amount capable of 
     causing serious damage.

   * Crack is a purified and highly addictive form of 
     cocaine.

   * Phencyclidine (PCP), first developed as an animal
     tranquilizer, has unpredictable and often violent 
     effects.  Often children do not even know that they 
     are using this drug when PCP-laced parsley in 
     cigarette form is passed off as marijuana, or when PCP 
     in crystal form is sold as lysergic acid (LSD).

   * Some of the "designer" drugs, slight chemical 
     variations of existing illegal drugs, have been known 
     to cause permanent brain damage with a single dose.

     Further information about drugs is presented in the
Resources Section.

Fact Sheet

Cocaine: Crack

     Cocaine is readily available. Fifty-one percent of 
seniors say it would be easy for them to get cocaine. Most 
alarming is the ready availability of cocaine in a cheap 
but potent form called crack or rock. Crack is a purified 
form of cocaine that is smoked.

   * Crack is inexpensive to try. Crack is available for as
     little as $5. As a result, the drug is affordable to 
     many potential users, including high school and even 
     elementary school students.

   * Crack is easy to use. It is sold in pieces resembling
     small white gravel or soap chips and is sometimes 
     pressed  into small pellets. Crack can be smoked in a 
     pipe or put into a cigarette. The visible effects 
     disappear within minutes after smoking, so detection 
     is difficult.

   * Crack is extremely addictive. Crack is far more 
     addictive than heroin or barbiturates. Because crack 
     is smoked, it is quickly absorbed into the blood 
     stream. It produces a feeling of extreme euphoria, 
     peaking within seconds.  Repeated use of crack can 
     lead to addiction within a few days.

   * Crack leads to crime and severe psychological 
     disorders.  Many youths, once addicted, have turned to 
     stealing, prostitution, and drug dealing in order to 
     support their habit. Continued use can produce violent 
     behavior and psychotic states similar to 
     schizophrenia.

   * Crack is deadly. Cocaine in any form, including crack, 
     can cause sudden death from cardiac arrest or 
     respiratory failure.

Drug Use and Learning

     Drugs erode the self-discipline and motivation 
necessary for learning. Pervasive drug use among students 
creates a climate in the schools that is destructive to 
learning.

     Research shows that drug use can cause a decline in
academic performance. This has been found to be true for
students who excelled in school prior to drug use as well 
as for those with academic or behavioral problems prior to 
use.  According to one study, students using marijuana were 
twice as likely to average D's and F's as other students. 
The decline in grades often reverses when drug use is 
stopped.

     Drug use is closely tied to being truant and dropping 
out of school. High school seniors who are heavy drug users 
are more than three times as likely to skip school as 
nonusers.  About one-fifth of heavy users skipped three or 
more school days a month, more than six times the truancy 
rate of nonusers.  In a Philadelphia study, dropouts were 
almost twice as likely to be frequent drug users as were 
high school graduates; four in five dropouts used drugs 
regularly.

     Drug use is associated with crime and misconduct that
disrupt the maintenance of an orderly and safe school
atmosphere conducive to learning. Drugs not only transform
schools into marketplaces for dope deals, they also lead to 
the destruction of property and to classroom disorder. 
Among high school seniors, heavy drug users were more than 
three times as likely to vandalize school property and 
twice as likely to have been involved in a fight at school 
or at work as nonusers.  Students on drugs create a climate 
of apathy, disruption, and disrespect for others. For 
example, among teenage callers to a national cocaine 
hotline, 32 percent reported that they sold drugs, and 64 
percent said that they stole from family, friends, or 
employers to buy drugs. A drug-ridden environment is a 
strong deterrent to learning not only for drug users but
for other students as well.

A PLAN FOR ACTION

     To combat student drug use most effectively, the 
entire community must be involved: parents, schools, 
students, law enforcement authorities, religious groups, 
social service agencies, and the media. They all must 
transmit a single consistent message that drug use is wrong 
and dangerous, and it will not be tolerated. This message 
must be reinforced through strong, consistent law 
enforcement and disciplinary measures. 

     The following recommendations and examples describe
actions that can be taken by parents, schools, students, 
and communities to stop drug use. These recommendations are 
derived from research and from the experiences of schools 
throughout the country. They show that the drug problem can 
be overcome. 

WHAT PARENTS CAN DO

   * Teach standards of right and wrong, and demonstrate 
     these standards through personal example.

   * Help children to resist peer pressure to use alcohol 
     and other drugs by supervising their activities, 
     knowing who their friends are, and talking with 
     them about their interests and problems.

   * Be knowledgeable about drugs and signs of drug use. 
     When symptoms are observed, respond promptly.

Parents

Instilling Responsibility

Recommendation #1:

     Teach standards of right and wrong and demonstrate 
these standards through personal example.

     Children who are brought up to value individual
responsibility and self-discipline and to have a clear 
sense of right and wrong are less likely to try drugs than 
those who are not. Parents can help to instill these values 
by:

   * Setting a good example for children and not using 
     drugs themselves.

   * Explaining to their children at an early age that drug 
     use is wrong, harmful, and unlawful, and reinforcing 
     this teaching throughout adolescence.

   * Encouraging self-discipline by giving children regular
     duties and holding them accountable for their actions.

   * Establishing standards of behavior concerning drugs,
     drinking, dating, curfews, and unsupervised 
     activities, and enforcing them consistently and 
     fairly.

   * Encouraging their children to stand by their 
     convictions when pressured to use drugs.

Central Elementary
Gulfport, Mississippi

     Every afternoon after the last bell rings, the POP
(Parents on Patrol) Team springs into action. With their
T-shirts proclaiming "Drug-Free Body" and whistles at the
ready, their mission is to ensure that all children get off 
the school grounds and on their way home safely. POPs are 
also posted several blocks away from campus. They send a 
strong signal to any dealers and drug users who may be in 
the neighborhood (which has the highest rate of drug-
related crime in Gulfport), that these children have higher 
goals, healthier aspirations.

     The POP team is just one way parents are involved in 
the drug prevention program at Central Elementary. Spurred, 
in part, by the high rate of drug activity in the school's
surrounding neighborhood, the Central staff made an early
commitment to involving parents, grandparents, aunts, 
uncles and other caregivers in all aspects of the program's
development.

     The school helped train parents to go into the
community--to churches and social centers--to teach drug
awareness and provide child rearing classes. Newsletters 
and home visits support Central's outreach.

     Inherent in the school's drug prevention program is 
the philosophy that the best prevention is providing 
healthy, challenging activities for the mind. High on 
Checkers is just one such program. Central checker players 
not only compete within the school, they take field trips 
to the "checker capital of the world" 70 miles from 
Gulfport. Central champions have even played in tournaments 
in Russia and England. Parent volunteers make travel 
possible by seeking donations, holding fund-raising events, 
and serving as chaperons. 

     Teachers and parents also devote time and energy to 
other activities such as the highly acclaimed Boys Choir, a
problem-solving club called the Think Tank, and the Central
Student Council, one of the few elementary councils in
Mississippi.

     Parents may also volunteer to read to students, to 
help with the physical education program, or to be a 
"buddy" in the cafeteria. Several parents have acknowledged 
that the Central drug-free efforts have made a positive 
difference not only in the lives of their children, but in 
their own lives as well.

Parents

Supervising Activities

Recommendation #2:

     Help children to resist peer pressure to use alcohol 
and other drugs by supervising their activities, knowing 
who their friends are, and talking with them about their 
interests and problems.

     When parents take an active interest in their 
children's behavior, they provide the guidance and support 
children need to resist drugs. Parents can do this by:

   * Knowing their children's whereabouts, activities, and
     friends.

   * Working to maintain and improve family communications 
     and listening to their children.

   * Being able to discuss drugs knowledgeably. It is far
     better for children to obtain their information from 
     their parents than from their peers or on the street.

   * Communicating regularly with the parents of their
     children's friends and sharing their knowledge about  
     drugs with other parents.

   * Being selective about their children's viewing of
     television and movies that portray drug use as 
     glamorous or exciting.

     In addition, parents can work with the school in its
efforts to fight drugs by:

   * Encouraging the development of a school policy with a 
     clear no-use message.

   * Supporting administrators who are tough on drugs.

   * Assisting the school in monitoring students' 
     attendance and planning and chaperoning school-
     sponsored activities.

   * Communicating regularly with the school regarding 
     their children's behavior.

Fact Sheet

Signs of Drug Use

     Changing patterns of performance, appearance, and 
behavior may signal use of drugs. The items in the first 
category listed below provide direct evidence of drug use; 
the items in the other categories offer signs that may 
indicate drug use. Adults should watch for extreme changes 
in children's behavior, changes that together form a 
pattern associated with drug use.

Signs of Drugs and Drug Paraphernalia

   * Possession of drug-related paraphernalia such as 
     pipes, rolling papers, small decongestant bottles, eye 
     drops, or small butane torches.

   * Possession of drugs or evidence of drugs, such as 
     pills, white powder, small glass vials, or hypodermic 
     needles; peculiar plants or butts, seeds, or leaves in 
     ashtrays or in clothing pockets.

   * Odor of drugs, smell of incense or other "cover-up"
     scents.

Identification with Drug Culture

   * Drug-related magazines, slogans on clothing.

   * Conversation and jokes that are preoccupied with 
     drugs.

   * Hostility in discussing drugs.

   * Collection of beer cans.

Signs of Physical Deterioration

   * Memory lapses, short attention span, difficulty in
     concentration.

   * Poor physical coordination, slurred or incoherent 
     speech.

   * Unhealthy appearance, indifference to hygiene and 
     grooming.

   * Bloodshot eyes, dilated pupils.

Dramatic Changes in School Performance

   * Marked downturn in student's grades--not just from C's 
     to F's, but from A's to B's and C's; assignments not
     completed.

   * Increased absenteeism or tardiness.

Changes in Behavior

   * Chronic dishonesty (lying, stealing, cheating); 
     trouble with the police.

   * Changes in friends, evasiveness in talking about new 
     ones.

   * Possession of large amounts of money.

   * Increasing and inappropriate anger, hostility,
     irritability, secretiveness.

   * Reduced motivation, energy, self-discipline, self-
     esteem.

   * Diminished interest in extracurricular activities and
     hobbies.

Parents

Recognizing Drug Use

Recommendation #3:

     Be knowledgeable about drugs and signs of drug use. 
When symptoms are observed, respond promptly.

     Parents are in the best position to recognize early 
signs of drug use in their children. To inform and involve
themselves, parents should take the following steps:

   * Learn about the extent of the drug problem in their
     community and in their children's schools.

   * Learn how to recognize signs of drug use.

   * Meet with parents of their children's friends or
     classmates about the drug problem at their school.
     Establish a means of sharing information to determine
     which children are using drugs and who is supplying 
     them.

     Parents who suspect their children are using drugs 
often must deal with their own emotions of anger, 
resentment, and guilt. Frequently they deny the evidence 
and postpone confronting their children. Yet, the earlier a 
drug problem is detected and faced, the less difficult it 
is to overcome. If parents suspect that their children are 
using drugs, they should take the following steps:

   * Devise a plan of action. Consult with school officials 
     and other parents.

   * Discuss their suspicions with their children in a 
     calm, objective manner. Do not confront a child while 
     he or she is under the influence of alcohol or other 
     drugs.

   * Impose disciplinary measures that help remove the 
     child from those circumstances where drug use might 
     occur.

   * Seek advice and assistance from drug treatment
     professionals and from a parent group. (For further
     information, consult the Resources Section)

WHAT SCHOOLS CAN DO

   * Determine the extent and character of alcohol and 
     other drug use and monitor that use regularly.

   * Establish clear and specific rules regarding alcohol 
     and other drug use that include strong corrective 
     actions.

   * Enforce established policies against alcohol and other
     drug use fairly and consistently. Ensure adequate 
     security measures to eliminate drugs from school 
     premises and school functions.

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

   * Reach out to the community for support and assistance 
     in making the school's anti-drug 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.

Schools

Assessing the Problem

Recommendation #4:

     Determine the extent and character of alcohol and 
other drug use and monitor that use regularly.

     School personnel should be informed about the extent 
of drugs in their school. School boards, superintendents, 
and local public officials should support school 
administrators in their efforts to assess the extent of the 
drug problem and to combat it.

     To guide and evaluate effective drug prevention 
efforts, schools need to take the following actions:

   * Conduct anonymous surveys of students and school 
     personnel and consult with local law enforcement 
     officials to identify the extent of the drug problem.

   * Bring together school personnel to identify areas 
     where drugs are being used and sold.

   * Meet with parents to help determine the nature and 
     extent of drug use.

   * Maintain records on drug use and sale in the school  
     over time, for use in evaluating and improving 
     prevention efforts. In addition to self-reported drug 
     use patterns, records may include information on drug-
     related arrests and school discipline problems.

   * Inform the community, in straightforward language, of 
     the results of the school's assessment of the drug 
     problem.

Schools

Setting Policy

Recommendation #5:

     Establish clear and specific rules regarding alcohol 
and other drug use that include strong corrective actions.

     School policies should clearly establish that drug 
use, possession, and sale on the school grounds and at 
school functions will not be tolerated. These policies 
should apply both to students and to school personnel, and 
may include prevention, intervention, treatment, and 
disciplinary measures.

     School policies should have the following characteristics:

   * Specify what constitutes a drug offense by defining 
     (1) illegal substances and paraphernalia; (2) the area 
     of the school's jurisdiction, for example, the school 
     property, its surroundings, and all school-related 
     events, such as proms and football games; and (3) the 
     types of violations (drug possession, use, and sale).

   * State the consequences for violating school policy;
     punitive action should be linked to referral for 
     treatment and counseling. Measures that schools have 
     found effective in dealing with first-time offenders 
     include the following:

     -- A required meeting of parents and the student with
        school officials, concluding with a contract signed 
        by the student and parents in which they both 
        acknowledge a drug problem and the student agrees 
        to stop using and to participate in drug counseling 
        or a rehabilitation program.

     -- Suspension, assignment to an alternative school,
        in-school suspension, after-school or Saturday
        detention with close supervision, and demanding
        academic assignments.

     -- Referral to a drug treatment expert or counselor.

     -- Notification of police.

     Penalties for repeat offenders and for sellers may 
include expulsion, legal action, and referral for 
treatment.

   * Describe procedures for handling violations, including 
the following:

     -- Legal issues associated with disciplinary actions
        (confidentiality, due process, and search and seizure)
        and their application.

     -- Circumstances under which incidents should be reported
        and the responsibilities and procedures for reporting
        incidents, including the identification of the
        authorities to be contacted.

     -- Procedures for notifying parents when their child is
        suspected of using drugs or is caught with drugs.

     -- Procedures for notifying police.

   * Enlist legal counsel to ensure that all policy is in
     compliance with applicable Federal, State, and local laws.

   * Build community support for the policy. Hold open meetings
     where views can be aired and differences resolved.

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.

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 "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 "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. (For legal
citations, see Reference Section p. 84.)

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