The ACPS Alcohol and Other Drug Abuse regulations guidelines mandate that a student shall not possess, use, and/or distribute alcohol, tobacco, and/or tobacco products, or other drugs on school property, on school buses, or during school activities, on or off school property. This includes, but may not be limited to, smokeless tobacco, e-cigarettes, anabolic steroids, look-alike drugs, drug paraphernalia, and any prescription or non-prescription drugs not possessed or used in accordance with Policy JFCF-R/JFCI-R.
What (illegal) behaviors?
- Use and attempt to use
- Possess and attempt to possess
- Procure or attempt to procure
- Purchase or attempt to purchase
Alcohol, tobacco and/or tobacco products, or other drugs on school property, on school buses, or during school activities, on or off school property. This includes, but may not be limited to, smokeless tobacco, e-cigarettes, anabolic steroids, look-alike drugs, drug paraphernalia, and any prescription or non-prescription drugs. (Policy JFCF-R/JFCI-R.)
If the student wants the services, but the parent does not want the services, the service can still be provided to the student per Virginia Code.
(Reference Virginia code § 54.1-2969. (E-3)
“A minor shall be deemed an adult for the purpose of consenting to medical or health services needed in the case of outpatient care, treatment, or rehabilitation for substance abuse as defined in § 37.2-100 - Definitions. "Substance abuse" means the use of drugs, enumerated in the Virginia Drug Control Act (§ 54.1-3400 et seq.), without a compelling medical reason or alcohol that (i) results in psychological or physiological dependence or danger to self or others as a function of continued and compulsive use or (ii) results in mental, emotional, or physical impairment that causes socially dysfunctional or socially disordering behavior and (iii), because of such substance abuse, requires care and treatment for the health of the individual. This care and treatment may include counseling, rehabilitation, or medical or psychiatric care. (§ 54.1-2969. (E-3)”
- Electronic Cigarettes Regulation File: GBECA/JFCHA
- Teaching About Drugs, Alcohol, and Tobacco File: IGAG
- Standards Of Student Conduct File: JFC-R
- Alcohol And Other Drugs (AOD) in Schools File: JFCF/JFCI
- Alcohol And Other Drugs (AOD) Abuse Regulations File: JFCF-R/JFCI-R
- Tobacco and Electronic Cigarette Use On School Premises KGC
ACPS protects and prioritizes student confidentiality. Information sharing will be conducted in accordance with FERPA, 42 CFR Part 2, HIPAA, and related regulations.
Protecting confidentiality is critical in the ACPS substance abuse prevention and intervention program. Students have a right to privacy and have the right to feel protected against the stigma that may cause them to avoid treatment. However, parents/guardians and agencies like the Community Services Board (CSB) or the Department of Children & Human Services (DCHS) regularly need information related to diagnosis and participation in treatment. Records should be kept observing the Family Educational Rights & Privacy Act (FERPA), 42 CFR Part 2 (Confidentiality of Substance Use Disorder Patient Records) and the Health Insurance Portability and Accountability Act (HIPAA), and related regulations.
42 CFR Part 2 governs confidentiality for those seeking treatment for substance use disorders from federally assisted programs. It:
- Applies to any program or individual that involves substance abuse education, treatment, and or prevention. Any ACPS professional that provides substance use disorder screening, assessments, educational intervention, or referral for treatment should observe that all records relating to the identity, diagnosis, prognosis, or treatment of any student in a substance abuse program is protected from being disclosed without the proper authorization.
- Requires any ACPS professional who wants to release substance abuse-related protected information to have a written authorization by the parent/guardian, or by students above age 14. Also, the release should proceed as long as those entities have a substance abuse service provider relationship with the student. The student and parent/guardian need to be aware of the possible list of entities to which their information has been disclosed.
- Does not allow ACPS to redisclose (without express written consent) information pertaining to substance abuse education, treatment, and/or prevention. A general release is not permitted.
- Allows for mandated disclosure of protected information where the state mandates child- abuse-and-neglect reporting, when the cause of death has been reported as relating to substance abuse, or when the disclosure is required by a court order.
- Permits disclosure of the student’s identifying information in particular circumstances, including but not limited to, medical emergencies.