What Parents and Students Need to Know About Alcohol, Drug, and Other Controlled Substance Offenses in School

• Prevention and Education: Schools must provide prevention programs designed to keep students away from alcohol, tobacco, and drugs while creating substance-free school environments. All school staff receive annual training on substance abuse prevention and intervention. Additionally, schools are required to offer educational programs for parents at convenient times and locations, helping families understand and address substance abuse issues.
• Process For Suspected Substance Use: If any school employee suspects a student is under the influence of alcohol or drugs on school property, the school must:
  • Immediately report to designated school personnel
  • Promptly notify parents/guardians
  • Arrange for an immediate medical examination. Parents can choose their own physician for this examination, but if their doctor isn't available, the school physician or emergency room will conduct the exam. The cost depends on who performs the examination - parents pay if they choose their own doctor, while the school district covers costs for school physician or emergency room visits.
  • Determination if student was under the influence with a written medical report provided within 24 hours to parents, the principal, and chief school administrator. If the report shows no substance use interference with school performance, the student returns to school immediately. However, if substance use is confirmed as affecting the student's ability to perform in school, the student cannot return until a follow-up medical examination shows they can safely participate in school activities
  • If test results are positive, ensure the student does not return to school without medical clearance
  • Student assistance coordinator conducts assessment to determine extent of substance involvement and need for treatment
  • If needed, refer the student to a treatment program approved by the Commissioner of Health
  • Obtain a written report certifying that the student is physically and mentally able to return to school
  • Provide educational services during any suspension
• Assessment and Support Services: When substance use is suspected or confirmed, qualified school staff (such as student assistance coordinators, school counselors, or school nurses with proper training) will conduct assessments and may recommend evaluation by outside professionals or treatment programs. Schools must provide support services for students receiving treatment and help them transition back to school successfully.
• Confidentiality Protection: Schools must maintain strict confidentiality regarding student substance abuse information, following federal privacy laws. Information about a student's participation in school-based counseling programs is protected, including situations where the student reports substance use by family members at home.
• Consequences and Code of Conduct: Schools have specific policies outlining consequences for students who use, possess, or distribute alcohol, drugs, or other intoxicating substances on school grounds. These policies include due process provisions and may involve law enforcement when appropriate, particularly for controlled dangerous substances. However, the focus remains on getting students the help they need rather than purely punitive measures.
• Appeals: District policies must include procedures for students or their parents to challenge a positive result from the alcohol or other drug tests.
• Optional Random Testing Programs: Some school districts may choose to implement random drug and alcohol testing for students in grades 9-12 who participate in extracurricular activities (including athletics) or have parking permits. If a district adopts such a program, they must hold public hearings, obtain written consent from both students and parents, and cover all testing costs. Results can only be used to remove students from activities or revoke parking privileges - not for criminal prosecution.
• Reporting and Documentation: Schools must maintain detailed records of all substance-related incidents and report them to state authorities twice yearly. These reports help track trends and ensure schools are addressing substance abuse issues appropriately while maintaining student privacy protections.

Steps parents must take to ensure the law is enforced:  

Parents can take several important steps to ensure the comprehensive alcohol, tobacco, and other drug abuse programs are properly enforced:

Stay Informed and Engaged

• Attend the educational programs on alcohol, tobacco, and other drug abuse that school districts offer.
• Obtain and review the district's policies and procedures that are distributed annually by the school district.

Provide Input on Policy Development

• Engage in the annual review process where districts may solicit parent input on the effectiveness of alcohol and drug abuse policies
• If your district considers adopting random drug testing policies, attend the required public hearing and request copies of proposed policies beforehand

Know Your Rights and Responsibilities

• Know that you must be immediately notified if your child is suspected of being under the influence of alcohol or drugs
• Understand your right to select the physician for required medical examinations of your child and ensure you comply with the 24-hour reporting requirements to avoid policy violations

Monitor Compliance

• Ensure your district has properly certified student assistance coordinators or appropriately certified staff performing these functions
• Verify your district has established all four required components: prevention, intervention, referral for evaluation, and continuity of care
• Ask whether all educational staff members receive required annual in-service training on substance abuse

Report Non-Compliance

• Report any concerns about policy implementation directly to school administrators
• Contact the Chief School Administrator if school-level concerns aren't addressed
• Report violations to the New Jersey Department of Education if district-level responses are inadequate
• Report any violations of confidentiality requirements
• Ensure proper incident reporting procedures are being followed

When a parent should contact an attorney:

While many school substance abuse cases can be resolved through direct communication with school officials, certain situations warrant legal representation. Consider consulting an attorney under the following circumstances:

• In the event of due process violations, such as, the school failing to provide proper notice of charges or explain evidence, your child is denied the opportunity to present their side, the school imposes disciplinary measures before completing required medical examination, or the hearing before the board of education does not follow proper procedures.
• If you want to challenge a positive drug/alcohol test result through the school's challenge procedures
• If there are concerns with a medical examination, such as the school failing to notify you immediately when your child is suspected of substance use, you are not allowed to select your own physician for the examination, the medical examination is not conducted properly or within required timeframe, or if there are discrepancies with the medical examination report
• When your child is facing severe disciplinary consequences, which could include long-term suspension (more than 10 days), expulsion, transfer to an alternative education program, or disciplinary actions that may appear on your child’s permanent record
• If your child faces removal from extracurricular activities or revocation of parking permits based on test results.
• If disciplinary measures appear disproportionate to the alleged violation
• When navigating the specific procedures, sanctions and due process provisions mentioned in the school's policy.
• In the event of confidentiality breaches, for example if protected information has been shared with law enforcement without authorization or confidential information has been improperly included in educational records
• In the event of criminal charges or law enforcement involvement

Links to relevant law: 

• New Jersey Administrative Code §6A:16-3, §16-4, & §16-5.3

Links to helpful resources:

• New Jersey Department of Education: Alcohol, Tobacco and Other Drug Use: Prevention and Intervention
• org

Substance Use Resources on youth.gov