PRINTER'S NO. 638
No. 606 Session of 1997
INTRODUCED BY MURPHY, HELFRICK, AFFLERBACH, GERLACH, TOMLINSON,
COSTA, BELL, HART, SALVATORE AND WOZNIAK, MARCH 3, 1997
REFERRED TO EDUCATION, MARCH 3, 1997
AN ACT
1 Providing for the establishment and operation of the Drug-Free
2 School Program; and imposing a penalty.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Drug-Free
7 School Program Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of Education of the
13 Commonwealth.
14 "Drug." An alcoholic beverage, chemical substance,
15 controlled substance, or illegal and abused substance or any
16 substance which is intended to alter mood, including any look-
17 alike chemical or any medication not approved by and registered
18 with the school nurse.
1 "Harmfully involved." Drug use that is dangerous because of
2 its pharmacological properties or association with nonfunctional
3 social behavior.
4 "Misuse/abuse." The use of a drug in a manner that causes
5 harmful effects, either physiologically, psychologically or
6 socially.
7 "Student support services program." A systematic approach
8 through the use of counselors, school nurses and other staff to
9 help students who are experiencing drug-related problems.
10 Section 3. Drug-Free School Program.
11 (a) Establishment.--There is hereby established the Drug-
12 Free School Program to require the department to adopt a
13 Statewide policy to prevent and prohibit drug misuse and abuse
14 by maintaining a caring environment within the system and
15 intervening in situations when a student may be harmfully
16 involved.
17 (b) Prevention program.--The department shall institute a
18 prevention program that school districts shall operate which
19 will promote skills in decision making, teach accurate
20 information on the dangers of drug use and ways to say no,
21 establish teacher training in recognizing the signs of drug use
22 and provide supportive services.
23 Section 4. Referral of students suspected of using drugs.
24 When a student is suspected of using drugs he or she shall be
25 referred to the student support services program. The counselor
26 shall establish the facts that may indicate a problem with drug
27 abuse and counsel the student with the goal of getting the
28 student to work together with the student support services
29 program staff to plan and implement a program to help stop the
30 drug use.
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1 Section 5. Intervention.
2 (a) When required.--Immediate intervention is required or
3 warranted when the behavior of a student jeopardizes the
4 student's health, safety or welfare or that of other students,
5 teachers or staff. In addition, immediate intervention is
6 mandated when a student is observed using drugs in violation of
7 Federal or State laws.
8 (b) Protection of students.--Where the student support
9 services are not adequate to help the student and the student
10 shows signs of violence, the school district shall refer the
11 student to an outside facility in order to protect the safety of
12 the other students and the teachers. Where the student refuses
13 to be treated at the outside facility, the school district shall
14 have the right to expel the student.
15 Section 6. Student support services staff training.
16 (a) General rule.--Training should include information which
17 enhances staff awareness of various patterns of use. This
18 training shall dictate in-service training annually, punctuated
19 with periodic activities designed to strengthen staff knowledge
20 and skills.
21 (b) Communication skills.--Fundamental to the training is an
22 emphasis on techniques that develop communication skills which
23 encourage positive growth in students.
24 Section 7. Penalty.
25 A student who sells drugs on school property may be expelled
26 in addition to any charges that may be brought by law
27 enforcement officials.
28 Section 8. Effective date.
29 This act shall take effect in 60 days.
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