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Board Policy 0129 - Possession and Use of Alcohol, Tobacco and Drugs on School Property

Board Policy 0129 - Possession and Use of Alcohol, Tobacco and Drugs on School Property

I. Policy Statement

  1. The Prince George’s County Board of Education (Board) is committed to maintaining a safe, healthy, and productive learning environment for all students, employees and visitors. The Board recognizes that that the use of alcohol, tobacco and drugs poses significant risks to the health, safety, and well-being of students and employees.
  2. The Board is dedicated to complying with all applicable state and federal laws and regulations regarding the prohibition of use, manufacturing, or sale of alcohol, tobacco and drugs on all school property, in school vehicles, and at all school-sponsored events.

II. Purpose

The purpose of this policy is to establish guidelines for the notification of and penalties for anyone on Prince George’s County Public Schools (PGCPS) property or engaged in PGCPS activities, found to be in possession, using, manufacturing or selling alcohol, tobacco, or drugs.

III. Definitions

  1. Alcohol – Any spirituous, vinous, malt, distilled or fermented liquor or compound, by whatever name called, which contains alcohol. Examples of alcoholic beverages include, but are not limited to: ale, beer, whiskey, rum, gin or vodka.
  2. Distribution – The transfer of alcohol, tobacco or drugs to any other person, with or without the exchange of money or other valuables.
  3. Drug – A controlled dangerous substance or chemical whose manufacture, possession, distribution, dispensation, possession and/or use violates a federal, state, and/or local law and regulation. A controlled dangerous substance may also include:
    1. Synthetic drugs and substances;
    2. Prescription drugs for which the student does not possess a current and valid prescription for their use; or
    3. Prescription or nonprescription drugs used for any purpose other than the purpose for which the drug was prescribed or sold.
  4. Electronic smoking device – A device that can be used to deliver aerosolized or vaporized nicotine to an individual inhaling from the device. Electronic smoking devices include:
    1. An electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen and vaping liquid; and
    2. A component, part or accessory of such a device regardless of whether or not it is sold separately, including any substance intended to be aerosolized or vaporized during use of the device.
  5. Employee – For the purposes of this policy, employee shall include an individual employed by the Board, including tenured and non-tenured teachers and certificated and non-certificated individuals, whether full-time, part-time, temporary, permanent or substitute and independent contractors, vendors, and contractors’/vendors.
  6. Parent – Any one of the following individuals who are legally responsible for a student:
    1. Biological parent – a natural parent whose parental rights have not been terminated.
    2. Adoptive parent – a person who has legally adopted the student and whose parental rights have not been terminated.
    3. Custodian – a person or agency appointed by a court as the legal custodian of the student and granted parental rights and privileges.
    4. Guardian – a person who has been placed by a court in charge of the affairs of the student and granted parental rights and privileges.
    5. Caregiver – an adult residence of Prince George’s County who exercises care, custody or control over the student, but who is neither the biological parent nor legal guardian.
    6. Foster parent – an adult approved to care for a child who has been placed in their home by a State agency or a licensed child placement as provided by Section 5-507 of the Family Law Article.
  7. Possession – Implies that a student has alcohol, tobacco, or drugs on their person or with their personal property or has under their control by placement of and knowledge of the whereabouts of the substance on school property, in a school vehicle, or at a school sponsored event.
  8. School property – A property owned or leased by PGCPS or used by PGCPS for schoolrelated and/or school-sponsored activities. The concept of school property extends to school activities such as field trips, use of parks and recreation facilities, and school buses, etc. For the purposes of this policy, facilities scheduled by the school system for students’ or employees’ use are considered an extension of school property.
  9. School-sponsored activity – An activity that is sponsored, approved, conducted, planned and/or supervised by school personnel regardless of whether the activity takes place on or off school property or occurs during regular instructional hours.
  10. School vehicle(s) – PGCPS owned or leased vehicles, including school buses.
  11. Tobacco product – Any product intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains tobacco or nicotine. Tobacco does not include nicotine replacement therapy. A tobacco product includes, but is not limited to:
    1. Cigarettes, cigars, pipe tobacco, chewing tobacco, snuff and snus;
    2. Electronic smoking devices; and
    3. Filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content.
  12. Use – Implies that a student or employee is reasonably known to have ingested alcohol, tobacco, or drugs or is reasonably found to be under the influence of a substance while on school property, a school vehicle, or at a school-sponsored event.
  13. Visitor(s) – Any person, to include parents, family members, volunteers, etc., who has a legitimate reason to be on school property, such as: parent-teacher conference, prearranged classroom visit, classroom observation, attendance at other school event or appointment with school employees. Current students enrolled at a school and PGCPS employees on official business are not considered visitors.

IV. Standards

  1. Applicability
    1. This policy applies to all individuals, including students, employees, parents, and visitors, while on school property or in school vehicles.
    2. No person may possess, use, or sell alcohol or drugs while on school property or in school vehicles.
    3. No person may use tobacco or smoking products and devices (e.g. e-cigarettes/vaporizers) while on school property.
    4. Controlled dangerous substances shall not be manufactured, distributed, dispensed or possessed with the intent to distribute in, on, or within 1,000 feet of school property.
    5. The Superintendent/designee shall provide training related to the implementation of this policy.
    6. The Superintendent/designee shall post a notification at each school building entrance to students, employees, and visitors that all school buildings and school property are tobacco, alcohol, and drug free at all times.
  2. Students
    1. The sale, use or possession of tobacco products, electronic smoking devices, and smoking related devices, alcohol, and drugs is prohibited while on school property and in school vehicles.
    2. The Superintendent/designee shall provide notice annually to students and parents of this policy and guidelines for student incidents related to tobacco products, alcohol and drugs addressed in Administrative Procedure 10101 – Student Rights and Responsibilities Handbook.
    3. Any student engaged in the sale, purchase, use or possession of tobacco products, electronic smoking devices, or smoking-related devices, alcohol, or drugs while on school property or in a school vehicles shall be subject to disciplinary action in accordance with the Students Rights and Responsibilities Handbook.
    4. The comprehensive health education curriculum will provide planned learning experiences and opportunities for students to acquire functional health knowledge about the health risks related to alcohol, tobacco and drug use.
    5. Evidence and research-based prevention and intervention counseling services will be provided to address alcohol, tobacco and drug use and integrate social health, emotional health, mental health, physical health and behavioral health in accordance with Policy 0116 – Wellness, Nutrition, and Physical Activity.
  3. Employees
    1. PGCPS is designated as a drug-, alcohol-, and tobacco-free environment. Accordingly, PGCPS employees are subject to State and federal laws and regulations as well as the Board’s policies and PGCPS administrative procedures regarding drugs, alcohol, and tobacco products addressed in the Employee Code of Conduct.
    2. The Superintendent/designee will communicate the standards of conduct required by this policy to employees.
    3. Violations of this policy may subject an employee to disciplinary action, up to and including termination of employment, in accordance with the Employee Code of Conduct.
    4. Employees shall not report to work under the influence or showing signs of use or misuse of drugs, alcohol, synthetic substances, or mind-altering substances.
    5. The Superintendent/designee shall inform employees about the availability of drug and alcohol counseling through PGCPS’ employee assistance program.
  4. Visitors
    1. The use or selling of tobacco and other tobacco products is strictly prohibited while on school property or in school vehicles.
    2. The manufacturing, distributing, dispensing, or possessing with intent to distribute, a controlled dangerous substance in, on, or within 1000 feet of school property or in a school vehicle is strictly prohibited regardless of whether school was in session at the time; or the school property was being used for purposes other than school purposes at the time.
    3. The use of alcohol, tobacco products and/or drugs while on school property is strictly prohibited when using school facilities in accordance with Administrative Procedure 1330 – After School Use of Facilities.

V. Implementation Responsibilities

The Superintendent is authorized to develop administrative procedures consistent with this policy.

VI. References

  1. Legal
    MD. CODE ANN., EDUC. § 7-412
    MD. CODE ANN., EDUC. § 26-103
    MD. CODE ANN., CRIM. § 5-627
    COMAR 13A.02.04.01-06
    COMAR 13A.08.01.08
  2. Other Board Policies
    Board Policy 0116 – Wellness, Nutrition, and Physical Activity
  3. Superintendent’s Administrative Procedures
    Administrative Procedure 0116 – Health and Wellness
    Administrative Procedure 1330 – After School Use of Facilities
    Administrative Procedure 2300 – Tobacco-Free School Environment
    Administrative Procedure 4110 – Alcohol and Controlled Substance Testing for
    School Vehicle Drivers and Employees Performing Safety Sensitive Functions
    Administrative Procedure 10101 – Student Rights and Responsibilities Handbook
  4. Other
    Employee Code of Conduct

VII. History

Policy Adopted – 03/27/2025

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