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Viewing Policy: BP 5131.6 – Alcohol And Other Drugs

BP 5131.6


Alcohol And Other Drugs


The San Benito County Office of Education (SBCOE) believes that the use of alcohol or other drugs adversely affects a student’s ability to achieve academic success, is physically and emotionally harmful, and has serious social and legal consequences. The Superintendent or designee shall develop comprehensive programs and activities to foster safe, healthy, and drug-free environments that support academic achievement.


The SBCOE’s alcohol and drug prevention and intervention programs shall be coordinated with other school and community-based services and programs and shall promote the involvement of parents/guardians. The Superintendent or designee may collaborate with community-based organizations, health providers, law enforcement agencies, local child welfare agencies, postsecondary institutions, businesses, and other public and private entities in program planning, implementation, and evaluation.


Prevention and intervention programs and activities may include, but are not limited to: (20 USC 7118)


  1. Evidence-based drug and violence prevention activities and programs that educate students against the use of alcohol, tobacco, cannabis, smokeless tobacco products, and       electronic cigarettes


  1. Professional development and training for school staff, specialized instructional support personnel, and interested community members on drug prevention, education, early           identification, intervention mentoring, recovery support services, and, where appropriate,    rehabilitation referral


  1. School-based mental health services, including early identification of drug use and referrals to counseling services, and/or partnerships with public or private health care    entities that have qualified mental and behavioral health professionals


  1. Programs and activities that provide school counseling to all students, including students who are at risk of drug use and abuse




The SBCOE shall provide science-based preventative instruction which has been proven effective in helping students avoid the use of alcohol and other drugs.


All instruction and related materials shall consistently state that unlawful use of alcohol or other drugs is prohibited. Instruction shall not include any message on responsible use of drugs or alcohol when such use is illegal.  (Health and Safety Code 11999.2)


The SBCOE shall offer staff development activities for staff who implement the comprehensive drug and alcohol prevention program.


Intervention, Referral, and Student Assistance Programs


The Superintendent or designee shall inform school staff, students, and parents/guardians about early warning signs which may indicate alcohol and other drug use and about appropriate agencies offering intervention programs, counseling, referral, and other student assistance programs.




Students shall not possess, use, or sell alcohol or other drugs and related paraphernalia on school grounds or at school-sponsored activities.


The Superintendent or designee shall clearly communicate to all students, staff, and parents/guardians the SBCOE’s policies, regulations, and school rules related to the use of

alcohol and other drugs.


Any student found to be selling a controlled substance listed in Health and Safety Code 11053-11058 shall be expelled in accordance with BP/AR 5179 – Suspension and Expulsion/Due Process.  A student found to have committed another drug or alcohol offense, including possession or intoxication, shall be referred to appropriate behavioral interventions or student assistance programs, and may be subject to discipline on a case-by-case basis.



Legal Reference:


44049  Known or suspected alcohol or drug abuse by student

44645  In-service training anabolic steroids

48900  Suspension or expulsion (grounds)

48900.5  Suspension, limitation on imposition; exception

48901  Smoking or use of tobacco prohibited

48901.5  Prohibition of electronic signaling devices

48902  Notification of law enforcement authorities; civil or criminal immunity

48909  Narcotics or other hallucinogenic drugs

48915  Expulsion; particular circumstances

49602  Confidentiality of pupil information

51202  Instruction in personal and public health and safety

51203  Instruction on alcohol, narcotics and restricted dangerous drugs

51210  Areas of study

51220  Areas of study, grades 7 to 12

51260-51269  Drug education

60041 Instructional materials

60110-60115  Instructional materials on alcohol and drug education

BUSINESS AND PROFESSIONS CODE: 25608  Alcohol on school property; use in connection with instruction

HEALTH AND SAFETY CODE: 11032  Narcotics, restricted dangerous drugs and marijuana; 11053-11058  Standards and schedules; 11353.6  Juvenile Drug Trafficking and Schoolyard Act; 11357  Unauthorized possession of marijuana; possession in school or on school grounds; 11361.5  Destruction of arrest or conviction records; 11372.7  Drug program fund; uses; 11802  Joint school-community alcohol abuse primary education and prevention program; 11999-11999.3  Alcohol and drug program funding; no unlawful use; 124175-124200  Adolescent family life program

PENAL CODE: 13860-13864  Suppression of drug abuse in schools

VEHICLE CODE: 13202.5  Drug and alcohol related offenses by person under age of 21, but aged 13 or over;

WELFARE AND INSTITUTIONS CODE: 828   Disclosure of information re minors; 828.1  Disclosure of criminal records; protection of vulnerable staff & students

UNITED STATES CODE, TITLE 20: 5812  National education goals; 7101-7122  Student Support and Academic Enrichment Grants


Policy Adopted: 5-10-18