A policy statement and procedural framework for the management of suspected drug-related incidents in schools

1. A policy statement and procedural framework for the management of suspected drug-related incidents in schools

2. There is a drug on your table. Discuss how that drug could be involved in a drug related incident or discuss anydrugrelatedincident you have managed. 1.

3. What are your expectations of this session? 2.

4. Expected outcomes of this professional learning session include: • An increased understanding of • Harm minimisation (National, State & DECS position) • DECS Policy • Process of consultation • Where this policy fits in the Whole School Drug Strategy • Natural justice • Intervention matters as a policy document • What Intervention matters asks of school personnel 3.

5. Frequently Asked Questions • What are the indicators that a student is under the influence of drugs? • Is it illegal for students to possess drug paraphernalia, such as bongs etc? • Subsequent to a drug incident, can a school insist that a student participate in an intervention with the Drug and Alcohol Services Council (DASSA) or have counselling before they re-enter school? • What is the Police Drug Diversion Initiative? (See I M pgs 66-71 if needed.) 4.

6. Answers • “Principals and teachers are not trained to diagnose substance use or abuse. If a student attends a class and is either unable to participate fully or puts the possibility of others to learn at risk, that student should be dealt with according to behaviour management policies or treated as unwell. Without evidence, don’t make assumptions: accusations of drug use may be totally incorrect and may put the staff member at risk of civil action.” ( I M pg 67) • “It is illegal to possess drug-related paraphernalia when there is still evidence of the illegal substance on the paraphernalia or if there is intent to use it with illicit drugs. The Controlled Substances Act, 1984 specifically provides that possession of a hypodermic syringe or needle is not an offence. However, possession of suspected drug-related equipment would infringe the school drug policy or behaviour code and consequently be unsanctioned in the school environment.” (I M pg 67) 5.

7. Answers • “A school may recommend to a parent or student DASSA intervention or counselling. However they cannot legally require that a student engage in counselling.” (I M pg 70) • “The Police Drug Diversion Initiative provides early incentives to young people to address their drug use. All students found in possession of or using illicit drugs, including illegally possessing or using prescription drugs, are diverted to assessment and counselling.” (I M pg 68) 6.

8. You come with a broad range of moral positions and values in relation to this work about: • Drug issues • Incident management • The purpose of schooling (educational orientation) • Whose responsibility this is 7.

9. The call for the document In response to • Requests from schools • A need for consistency of process across sites • A stated outcome of the Premier’s Drug Summit 2002 8.

10. Extensive collaboration and consultation • The following groups were active contributors in the writing process • Pre-document consultation • All Principal Associations • Primary School Counsellors • Students • Parent Associations • DECS Social Workers • AEU • Drug and Alcohol Services South Austarlia (DASSA) • Human Services • SAPol • Behaviour Support Personnel • District Coordinators • DECS Legal and Legislation Services and DECS OHS&W, School Operations • Anangu Ed, Aboriginal Ed, Multicultural Ed • Drug Strategy Team , Management Committee, Drug Strategy Reference Group 9.

11. Intervention matters… Helps school communities to clarify their legal obligations and to take a socially inclusive and harm minimisation approach to incident management. It is about responding well to incidents. It is not about not responding to incidents. 10.

12. Intervention matters as a policy document Policy is: “An authoritative statement or general course of action that covers a significant aspect of the department’s operations, and is designed to achieve the government’s and department’s stated outcomes.” DECS definition of policy 11.

13. Policy Statement- Pg 7 “…..DECS takes a position of harm minimisation in relation to the management of suspected drug-related incidents. The goal of managing any suspected drug-related incident is to ensure the wellbeing and future educational careers of the student(s) involved, as well as the wellbeing and educational careers of the whole student community and staff.” (I M pg 7) 12.

14. Drug Strategy Framework 13.

15. A whole School Prevention & Intervention approach * 14.

16. Social Inclusion strategies in DECS Key initiatives designed to increase school retention Improve Retention Rates Government Families Work with Other Agencies Provide Pathways to Training School Retention Action Plan Support Parents in Education (PIE) Students with Disabilities / Learning Difficulties Senior Years Strategy Create Links Between Initiatives Achievement for each student through quality relationships, engagement, attendance and retention Support Cohorts of At Risk Students Futures Connect Student Mentoring Program Supportive School Cultures Inclusive Preschools Project Drug Strategy Extra Student Attendance Counsellors Improve Achievement Results Improve Student Wellbeing Reduce Drug related harm Maximise Early Learning and Care Community Business/Industry Improve Attendance Rates 15.

17. Intervention matters is based upon • The Declaration of Human Rights • Harm minimisation • An understanding that a range of responses to a drug related incident may be required- educational, punitive, deterrent • The belief that “schools can prevent the onset, severity and duration of substance abuse, as well as delinquency, bullying and violence, by developing a culture that promotes belonging and gives students a sense of fitting in and possible success. ”(Fuller, McGraw & Goodyear, 1998) 16.

18. What does Harm Minimisation mean in incident management? • Early incident intervention can be preventative of later harmful drug use • Harm can be minimised if a drug-related incident is well managed and a student is able to continue their schooling after the initial intervention procedure is complete • Harm is also minimised if school discipline, student counselling and student development planning procedures operate in ways that do not cause any secondary harm, such as stigmatisation, reduced self worth and associated truancy Consequently, harm minimisation in incident management does not mean merely responding to a drug incident, it means responding well to the incident. 17.

19. Harm minimisation framework • The values which inform fair, reasonable and compassionate practices: • Continuing concern for student welfare • Respect for legal and natural justice obligations, utilising OHS&W principles • Utilising partnerships in incident management as required • Seeing incident management as a long term process, not an event 18.

20. Recognising the complexity of incident management “Responses [to drug-related incidents] consider the nature of the incident, the student’s school and family history, cultural background, mental health, intellectual development and any other relevant information. [The response]…protects the health and safety of the student/s involved, other students, school staff and the wider community. [The response] considers the role of parents and their right to be involved in discussions and plans for follow up action. Consideration is also given [to] the need for counselling, support, and/or referral to other agencies.” (DETYA, 2000 I M pg 8) 19.

21. Contents of Intervention matters Part 1: Introduction Part 2: Important issues around schools and drugs Part 3: Managing suspected drug-related incidents Part 4: Developing a school policy Appendices Appendix A: Incident management roles and documentation Appendix B: Scenarios Appendix C: Legal obligations Appendix D: Principles of natural justice Appendix E: Frequently asked questions about drug related incidents Appendix F: Legal status of drugs 20.

22. Think about a time when…. 21.

23. Natural justice refers to procedural fairness which indicates the right of the student to: • be informed of the form of proceedings • be represented by an advocate of choice • know what is alleged • be heard and to question evidence • impartial adjudication • the qualified right to privacy for the student • the right of appeal • (legal representation) • (For more information, see document, pgs 63-64) 22.

24. “Procedural fairness should not be viewed as an inconvenient millstone about the necks of busy decision makers. Conflict in schools, as in any environment, is time consuming, morale sapping, and down right inefficient. Procedural fairness is about getting it right the first time, and is one way to minimise conflict.” (National Children’s and Youth Law Centre,1999 cited in Intervention matters pg 61) 23.

25. Getting it right? Video- ‘Responding to Cannabis’ Refer to Flowchart- Pg 24 24.

26. A call for fair judgement ‘It has been acknowledged that as “schools are places where young people learn how to conduct themselves as members of a fair and just society, teachers and administrators should maintain the highest standards of justice and fairness that circumstances will allow.” ’ (Bartholomew and Kidd Being Fair, A procedural fairness manual for Australian schools1999, cited in Intervention matters pg 17) 25.

27. What is sound incident management? 26.

28. What helps in managing a drug incident well? 27.

29. How can Intervention matters assist? 28.

30. Intervention matters • Clarifies legal obligation (pgs 59-60) • Clarifies the legal status of drugs (pgs 72-73 ) • Offers advice on policy development (pgs 29-37) • Offers an exemplar of a school policy (pgs 36-37) • Provides documentation proformas (pgs 42-46) • Offers a collection of frequency asked questions about drug related issues (pgs 66-71) • Offers scenarios to use for professional learning around the issues (pgs 47-58) 29.

31. What are your legal obligations in relation to a suspected drug related incident? 30.

32. Legal obligations(see Appendix C pgs 59-60) • Duty of Care and Mandatory Reporting • OHS&W issues- consider a Critical Incident report • When an incident is suspected to involve an illicit drug, you must call the Police • When an incident involves illegal activities, such as distribution of an unsanctioned drug, you must call the Police. Inform the District Office. • Utilise the principles of natural justice and procedural fairness 31.

33. Policy Development • Student Wellbeing Policy • Drug Policy • Medication Management Policy • See http://www.decs.sa.gov.au/speced2/files/pages/chess/hsp/HSP_guidelines_final_text1.pdf • Behaviour Policy Develop or review your Policy to be in line with Intervention matters and the AIGs 32.

34. ( I M pg 31) 33.

35. How to start? • Review Policies in the light of the information from Intervention matters • You could start with your staff or governing council having the opportunity to identify what they know about incident management. • Involve Drug Strategy / Wellbeing reps in your review process 34.

36. In closing… Who is available to support you? • Student Inclusion and Wellbeing Coordinator • Student Behaviour Management personnel • Partners: local Police, DASC-see pg 74 for Support services • Drug Strategy Project Team Ph 8225 1581 • Drug Strategy website- www.drugstrategy.sa.edu.au 35.

37. Keeping In Touch • National resource to support those in schools who work with students with drug issues • Sees support as embedded in a whole school supporting structure • Assists all staff in school in examining their role in supporting students • Gives theory and strategies around brief intervention • Considers referral and further support for students and staff • PD sessions are available- see website section 36.