School officials must also be aware of the special procedures that apply to suspension or expulsion of handicapped students under Federal law and regulations.[20]

_Effect of Criminal Proceedings Against a Student_

A school may usually pursue disciplinary action against a student regardless of the status of any outside criminal prosecution. That is, Federal law does not require the school to await the outcome of the criminal prosecution before initiating proceedings to suspend or expel a student or to impose whatever other penalty is appropriate for the violation of the school's rules. In addition, a school is generally free under Federal law to discipline a student when there is evidence that the student has violated a school rule, even if a juvenile court has acquitted (or convicted) the student or if local authorities have declined to prosecute criminal charges stemming from the same incident. Schools may wish to discuss this subject with counsel.

_Effect of Expulsion_

State and local law will determine the effect of expelling a student from school. Some State laws require the provision of alternative schooling for students below a certain age. In other areas, expulsion may mean the removal from public schools for the balance of the school year or even the permanent denial of access to the public school system.

CONFIDENTIALITY OF EDUCATION RECORDS

To rid their schools of drugs, school officials will periodically need to report drug-related crimes to police and to a.s.sist local law enforcement authorities in detecting and prosecuting drug offenders.

In doing so, schools will need to take steps to ensure compliance with Federal and State laws governing confidentiality of student records.

The Federal law that addresses this issue is the Family Educational Rights and Privacy Act (FERPA),[21] which applies to any school that receives Federal funding and which limits the disclosure of certain information about students that is contained in education records.[22]

Under FERPA, disclosure of information in education records to individuals or ent.i.ties other than parents, students, and school officials is only permissible in specified situations.[23] In many cases, unless the parents or an eligible student[24] provides written consent, FERPA will limit a school's ability to turn over education records or to disclose information from them to the police. Such disclosure is permitted, however, if (1) it is required by a court order or subpoena, or (2) it is warranted by a health or safety emergency. In the first of these two cases, reasonable efforts must be made to notify the student's parents before the disclosure is made.

FERPA also permits disclosure if a State law enacted before November 19, 1974, specifically requires disclosure to State and local officials.

Schools should be aware, however, that because FERPA only governs information in education records, it does not limit disclosure of other information. Thus, school employees are free to disclose any information of which they become aware through personal observation.

For example, a teacher who witnesses a drug transaction may, when the police arrive, report what he witnessed. Similarly, evidence seized from a student during a search is not an education record and may be turned over to the police without constraint.

State laws and school policies may impose additional, and sometimes more restrictive, requirements regarding the disclosure of information about students. Since this area of the law is complicated, it is especially important that an attorney be involved in formulating school policy under FERPA and applicable State laws.

OTHER LEGAL ISSUES

_Lawsuits Against Schools or School Officials_

Disagreements between parents or students and school officials about disciplinary measures usually can be resolved informally. Occasionally, however, a school's decisions and activities relating to disciplinary matters are the subject of lawsuits by parents or students against administrators, teachers, and school systems. For these reasons, it is advisable that school districts obtain adequate insurance coverage for themselves and for _all_ school personnel for liability arising from disciplinary actions.

Suits may be brought in Federal or State court; typically, they are based on a claim that a student's const.i.tutional or statutory rights have been violated. Frequently, these suits will seek to revoke the school district's imposition of some disciplinary measure, for example, by ordering the reinstatement of a student who has been expelled or suspended. Suits may also attempt to recover money damages from the school district or the employee involved, or both, however, court awards of money damages are extremely rare. Moreover, although there can be no guarantee of a given result in any particular case, courts in recent years have tended to discourage such litigation.

In general, disciplinary measures imposed reasonably and in accordance with established legal requirements will be upheld by the courts. As a rule, Federal judges will not subst.i.tute their interpretations of school rules or regulations for those of local school authorities or otherwise second-guess reasonable decisions by school officials.[25]

In addition, school officials are ent.i.tled to a qualified good faith immunity from personal liability for damages for having violated a student's Federal const.i.tutional or civil rights.[26] When this immunity applies, it shields school officials from any personal liability for money damages. Thus, as a general matter, personal liability is very rare, because officials should not be held personally liable unless their actions are clearly unlawful, unreasonable, or arbitrary.

When a court does award damages, the award may be "compensatory" or "punitive." Compensatory damages are awarded to compensate the student for injuries actually suffered as a result of the violation of his or her rights and cannot be based upon the abstract "value" or "importance" of the const.i.tutional rights in question.[27] The burden is on the student to prove that he suffered actual injury as a result of the deprivation. Thus, a student who is suspended, but not under the required procedures, will not be ent.i.tled to compensation if he would have been suspended had a proper hearing been held. If the student cannot prove that the failure to hold a hearing itself caused him some compensable harm, then the student is ent.i.tled to no more than nominal damages, such as $1.00.[28] "Punitive damages" are awarded to punish the perpetrator of the injury. Normally, punitive damages are awarded only when the conduct in question is malicious, unusually reckless, or otherwise reprehensible.

Parents and students can also claim that actions by a school or school officials have violated State law. For example, it can be a.s.serted that a teacher "a.s.saulted" a student in violation of a State criminal law. The procedures and standards in actions involving such violations are determined by each State. Some States provide a qualified immunity from tort liability under standards similar to the "good faith"

immunity in Federal civil rights actions. Other States provide absolute immunity under their law for actions taken in the course of a school official's duties.

_Nondiscrimination in Enforcement of Discipline_

Federal law applicable to programs or activities receiving Federal financial a.s.sistance prohibits school officials who are administering discipline from discriminating against students on the basis of race, color, national origin, or s.e.x. Schools should therefore administer their discipline policies even-handedly, without regard to such considerations. Thus, as a general matter, students with similar disciplinary records who violate the same rule in the same way should be treated similarly. For example, if male and female students with no prior record of misbehavior are caught together smoking marijuana, it would not, in the absence of other relevant factors, be advisable for the school to suspend the male for 10 days while imposing only an afternoon detention on the female. Such divergent penalties for the same offense may be appropriate, however, if, for example, the student who received the harsher punishment had a history of misconduct or committed other infractions after this first confrontation with school authorities.

School officials should also be aware of and adhere to the special rules and procedures for the disciplining of handicapped students under the Education of the Handicapped Act, 20 USC -- 1400-20, and Section 504 of the Rehabilitation Act of 1973, 29 USC -- 794.

(For legal citations, see reference section.)

_RESOURCES_

_Specific Drugs and Their Effects_

CANNABIS

Effects

All forms of cannabis have negative physical and mental effects.

Several regularly observed physical effects of cannabis are a substantial increase in the heart rate, bloodshot eyes, a dry mouth and throat, and increased appet.i.te.

Use of cannabis may impair or reduce short-term memory and comprehension, alter sense of time, and reduce ability to perform tasks requiring concentration and coordination, such as driving a car.

Research also shows that students do not retain knowledge when they are "high." Motivation and cognition may be altered, making the acquisition of new information difficult. Marijuana can also produce paranoia and psychosis.

Because users often inhale the unfiltered smoke deeply and then hold it in their lungs as long as possible, marijuana is damaging to the lungs and pulmonary system. Marijuana smoke contains more cancer-causing agents than tobacco.

Long-term users of cannabis may develop psychological dependence and require more of the drug to get the same effect. The drug can become the center of their lives.

Type What is What does it How is it called? look like? it used?

------------------------------------------------------------------- Marijuana Pot Dried parsley mixed Eaten Gra.s.s with stems that Smoked Weed may include seeds Reefer Dope Mary Jane Sinsemilla Acapulco Gold Thai Sticks ------------------------------------------------------------------- Tetrahydro- THC Soft gelatin capsules Taken orally cannabinol Smoked ------------------------------------------------------------------- Hashish Hash Brown or black Eaten cakes or b.a.l.l.s Smoked ------------------------------------------------------------------- Hashish Oil Hash Oil Concentrated Smoked--mixed syrupy liquid with tobacco varying in color from clear to black -------------------------------------------------------------------

INHALANTS

Effects

Immediate negative effects of inhalants include nausea, sneezing, coughing, nose-bleeds, fatigue, lack of coordination, and loss of appet.i.te. Solvents and aerosol sprays also decrease the heart and respiratory rates, and impair judgment. Amyl and butyl nitrite cause rapid pulse, headaches, and involuntary pa.s.sing of urine and feces.

Long-term use may result in hepat.i.tis or brain hemorrhage.

Deeply inhaling the vapors, or using large amounts over a short period of time, may result in disorientation, violent behavior, unconsciousness, or death. High concentrations of inhalants can cause suffocation by displacing the oxygen in the lungs or by depressing the central nervous system to the point that breathing stops.

Long-term use can cause weight loss, fatigue, electrolyte imbalance, and muscle fatigue. Repeated sniffing of concentrated vapors over time can permanently damage the nervous system.

Type What is What does it How is it called? look like? it used?

------------------------------------------------------------------- Nitrous Laughing gas Propellant for Vapors inhaled Oxide Whippets whipped cream in aerosol spray can Small 8-gram metal cylinder sold with a balloon or pipe (buzz bomb) ------------------------------------------------------------------- Amyl Poppers Clear yellowish Vapors inhaled Nitrite Snappers liquid in ampules ------------------------------------------------------------------- Butyl Rush Packaged in small Vapors inhaled Nitrite Bolt bottles Locker room Bullet Climax ------------------------------------------------------------------- Chlorohydro- Aerosol Aerosol paint cans Vapors inhaled carbons sprays Containers of cleaning fluid ------------------------------------------------------------------- Hydrocarbons Solvents Cans of aerosol Vapors inhaled propellants, gasoline, glue, paint thinner -------------------------------------------------------------------

STIMULANT: COCAINE

Effects

Cocaine stimulates the central nervous system. Its immediate effects include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature. Occasional use can cause a stuffy or runny nose, while chronic use can ulcerate the mucous membrane of the nose. Injecting cocaine with unsterile equipment can cause AIDS, hepat.i.tis, and other diseases. Preparation of freebase, which involves the use of volatile solvents, can result in death or injury from fire or explosion. Cocaine can produce psychological and physical dependency, a feeling that the user cannot function without the drug. In addition, tolerance develops rapidly.

Crack or freebase rock is extremely addictive, and its effects are felt within 10 seconds. The physical effects include dilated pupils, increased pulse rate, elevated blood pressure, insomnia, loss of appet.i.te, tactile hallucinations, paranoia, and seizures.