Verducci, Anthony J.

English

Seton Hall University Libraries

Schools-Substance Abuse-Education and Prevention-N.J. Stat.Ann. §§ 18A:40A-1 to -21 (West Supp. 1988).The New Jersey Legislature has enacted legislation provid-ing for substance abuse education, prevention, intervention, andtreatment referral programs.' The legislature found that manystudents are involved in substance abuse; that there is an in-creased risk that more students will develop abuse problems; andthat intervention may prevent, detect, and treat substanceabuse. 2 It also found that "[s]chool-based initiatives have provenparticularly effective" in helping students with substance abuseproblems.'The Act defines "substance abuse" as the consumption oruse of any alcoholic beverages, controlled dangerous substances,or any chemical or chemical compound for nonmedicalpurposes.4The Act provides that all public school teachers be trained toidentify students who may be substance abusers. This trainingconsists of identifying symptoms and behavioral patterns whichsuggest abuse, intervention strategies, and information on treat-ment organizations.5 New teachers will be required to pass anexamination on substance abuse issues in order to receivecertification.6When a teacher, school nurse, or other official believes that astudent is a substance abuser, the student will be reported to theschool nurse or the substance abuse coordinator7 and to theprincipal of the school.8 The principal must notify the student'sparents and the superintendent of schools. 9 A physical examina-tion of the student is then required. This examination can beperformed by the student's personal physician, by the school'sI N.J. STAT. ANN. §§ 18A:40A-I to -21 (West Supp. 1988).2 Id. § 18A:40A-8.3 Id. § 18A:40A-8(c).4 Id. § 18A:40A-9. A "substance" is broadly defined in the Act.5 Id. § 18A:40A-15.6 Id. § 18A:40A-4.7 The coordinator is a separate and distinct position in the school district and isresponsible for supervising and directing the substance abuse programs in the dis-trict. See id. § 18A:40A-18.8 Id. § 18A:40A-12.9 Id.SETON HALL LEGISLATIVE JOURNAL [Vol. 13:117medical inspector, or if neither is available, then by a physician atthe emergency room of a local hospital. 10 A written report of theresults of the examination will be forwarded to the principalwithin twenty-four hours of the examination."Students determined to be under the influence of a sub-stance will be prohibited from returning to school until they aredeclared physically and mentally able to return by the personwho conducted the original physical examination. 12 The sub-stance abuse coordinator, or another trained staff member, willconduct an interview to determine the extent of the student's in-volvement with drugs. Interviews with the student's parents andteachers may also be conducted. 3 The student will be referredto a treatment program if it is determined that the student'shealth and well-being is in danger.' 4The Act also provides that selected teachers will receive ad-ditional training to teach educational classes on drug, alcohol,and other substance abuse to students.' 5 This training may alsobe made available to other instructional and supervisory person-nel.' 6 Students will be provided with factual information on theeffects of substance abuse, available treatment, and decision-making and coping skills.17Education and outreach assistance will also be provided toparents and guardians.' 8 Consequently, local boards of educa-tion must establish policies and procedures to provide parentswith this assistance.' 9Finally, the Act mandates that local boards be provided withsufficient materials to assist nonpublic schools in educating stu-dents and their parents.20Anthony J. Verducci10 Id.' IId.12 Id.13 Id.14 Id.15 Id. § 18A:40A-3(a).16 Id. § 18A:40A-3(c). See id. § 18A:40A-3(a).17 Id. § 18A:40A-2.18 Id. § 18A:40A-16,-17.19 Id. § 18A:40A-17(b).20 ld. § 18A:40A-5,-17(c).118

Schools - Substance Abuse - Education and Prevention - N.J. Stat. Ann. §§ 18A:40A-1 to -21 (West Supp. 1988).

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Schools - Substance Abuse - Education and Prevention - N.J. Stat. Ann. §§ 18A:40A-1 to -21 (West Supp. 1988).

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