Alva Review-Courier -

At the Freedom School Board meeting Monday the board approved two policies related to drugs: one for medical marijuana and CBD on school premises, and the other for drug and alcohol testing of employees and applicants.

Board Passes Marijuana and CBD Policy

The Medical Marijuana, Hemp, Cannabidiol (CBD) policy, which the board adopted, is lengthy and restrictive. In fact, Interim Superintendent Bryant Weber told the board it was one of the most restrictive in the whole region.

Using medical marijuana, even with a license, is prohibited on school premises.

The policy states, in part: “While the use of medical marijuana in conjunction with the possession of a medical marijuana license is legal in the state of Oklahoma, marijuana is a prohibited controlled substance under federal law regardless of the use being for medical purposes. Accordingly, possession of marijuana by a student, employee, parent or any individual, notwithstanding the possession of a medical marijuana license, is strictly prohibited while on the premises of the district and in school vehicles; going to and from and attending district sponsored functions, events and athletic activities, including those district sponsored functions, events, and/or athletic activities which occur in a location other than the premises of the district; utilizing district equipment or transportation; and in any other instance in connection with the district where the district reasonably deems the possession of marijuana to be illegal.”

If anyone's found to possess – or have possessed – marijuana in any of the above situations, “the district will proceed with all actions and consequences that are afforded to the district under any state or federal law, employment contract, district policy, student handbook provision, or any other authority applicable to or adopted by the district.”

CBD with Zero THC – Employees and “other non-student individuals” are allowed to possess and self-administer CBD with no THC on district premises, provided they have a “reliable” product label that certifies the CBD really is THC-free.

As far as student use of CBD goes, a parent or legal guardian may administer THC-free CBD to the student in an area designated by the school. “The parent or legal guardian must certify that the Hemp CBD contains 0.0% THC via a declaration given under penalty of perjury prior to administering such Hemp CBD to the student,” the policy states. The parent must bring the CBD onto the school premises to administer it to the student, and then take the CBD away with them when they leave.

CBD with 0.3% THC – Employees and other non-student individuals may possess and use CBD that has .3% THC on district premises provided they have a medical marijuana license or have written certification from a physician saying the individual has one of the following conditions:

• Lennox-Gastaut Syndrome

• Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy

• Any other severe form of epilepsy that is not adequately treated by traditional medical therapies

• Spasticity due to multiple sclerosis or due to paraplegia

• Intractable nausea and vomiting, or

• Appetite stimulation for those with chronic wasting diseases.

The physician's written certification must also state that the CBD administered to the student has no more than 0.3% THC.

“Employees of the district are expected to comply with state and federal law at all times as a term of their continued employment with the district,” states the policy. “In that regard, employees are hereby notified that any person who uses or is addicted to marijuana, regardless of whether his or her state has passed legislation authorizing marijuana use for medicinal or recreational purposes, is an unlawful user of or addicted to a controlled substance and is prohibited by federal law from possessing firearms or ammunition.” The policy cites an open letter from the ATF to all federal firearms licensees (available at http://www.atf.gov/file/60211), and adds, “Employees are expected to adhere to any and all open letters, formal opinions, directives, or any other instruction provided by federal or state agencies regarding state and/or federal law.”

Board Passes Drug and Alcohol Testing Policy

Also adopted at the board meeting was a policy for testing employees and applicants for illegal drugs and alcohol. Employees found to use, possess, distribute, purchase, sell, or be under the influence of drugs or alcohol while on duty will be subject to discipline including, but not limited to, termination.

Drug and/or alcohol testing will be required in the following situations:

Applicants – After having received a conditional offer of employment, applicants will be required to take a drug/alcohol test. A positive test result means the applicant won't be hired, nor will an applicant who refuses to take the test. (An applicant who tests positive for marijuana will not be penalized unless the applicant doesn't have a medical marijuana license, or is under the influence while at the place of employment, or is applying for a safety-sensitive position.)

For Cause – Employees will be tested any time the superintendent or designee believes the employee to be under the influence of drugs or alcohol, including in the following circumstances:

• Drugs or alcohol on or about the employee's person or in the employee's vicinity

• Conduct on the employee's part that suggests impairment

• A report of drug/alcohol use while at work or on duty

• Information that an employee has tampered with drug or alcohol testing at any time

• Negative performance patterns, or

• excessive or unexplained absenteeism or tardiness.

The policy says determining whether someone is under the influence of marijuana will be based on the “totality of circumstances” – including observations that an individual smells of marijuana, has disorganized thinking, is exhibiting paranoia or confusion, has bloodshot eyes, has an increased heart rate or an increased appetite, or a loss of coordination.

After an Accident – Testing may be required if an employee or another person has sustained an injury or property has been damaged while at work, including damage to equipment. No employee who tests positive for the presence of illegal drugs or alcohol or who refuses to take a drug/alcohol test will be eligible for workers' compensation.

Random and Scheduled Periodic Testing – The school will only require random testing of employees engaged in safety-related jobs: those who are police or peace officers, have drug interdiction responsibilities, are authorized to carry firearms, or are engaged in activities that directly affect others' safety. Other positions considered safety-sensitive are school bus mechanics, employees who drive school vehicles, school nurses or employees who administer medicine to students; employees who provide direct patient care or direct childcare; and teachers and instructors responsible for driver's ed, secondary science, and industrial arts. These employees will also be subject to testing as part of a routine fitness-for-duty medical exam or upon return to duty from a leave of absence.

Post Rehab – An employee who has had a positive test or participated in a drug or alcohol dependency treatment program may be required to undergo drug/alcohol testing for two years after return to work.

Why Freedom School Needs a Bond Issue

Superintendent Weber gave the board a list of items that indicate the need for a bond issue. A bond would take care of the following critical problems:

• Replace exterior windows – The windows are single pane and not energy efficient; they allow cold or hot outside air to come into the school, working against efforts to heat or cool the facilities.

• Correct drainage issues – Water drainage needs to be corrected so that water flows away from the school to places that will not further damage school structures.

• Install LED lighting – Updating to LED would save the district in rising energy costs.

• Repair exterior – Buildings, sidewalks, and parking areas have all deteriorated due to age and need repair.

• Improve ADA accessibility – ADA accessibility for events and games would include installing or repairing ramps, rails, sidewalks, and the viewing location in gym. Also, the district has one set of ADA restrooms on the opposite side of school from where games and events are held. Restrooms close to event areas need to be made ADA accessible.

• Exterior upgrades – A protective edge should be built around the school roof to help protect air conditioners/heaters from the weather.

• Demo/replace gym floor – The gymnasium floor has aged and been repaired to a point where it is now irreparable. The school can't continue to use the gym floor as it has become a safety issue. It needs to be completely replaced.

• Pay off current lease-purchases – The roof repair and new air conditioning/boiler unit (more efficient A/C and heat) were funded by lease purchases that still must be paid off. “We couldn't get insurance for the roofs anymore because they were in such bad repair,” said Board President Shane Morris. The large number of leaks damaged the school in many ways, including damaging the gym floor, several classrooms, and some walls. “One classroom had 17 leaks,” said Weber.

Other Business

Michelle Shelite presented the college readiness/dropout report for 2017. Freedom had one graduate that year, and that student did go on to college, Shelite said, but because Freedom's numbers are so small, the report had no data for Freedom on how students did in science, English, math or reading.

The board approved sending Shelly Province to Chicago to attend a library grant conference Nov. 19-21. It's a requirement of a grant received by the school.

The board took no action on sending three employees to Pittsburg, Kansas, for a tech conference.

The board approved extra duty compensation of $20 per hour for employees working the after-school program set up by the library grant.

The board also approved entering into a pilot cooperative golf program with Mooreland. The school only has one student interested in golf right now, so that seemed the best solution, Superintendent Weber said.

The board discussed what to do about Suburban No. 4, which was involved in a bus vs. deer accident. The insurance company decided to total the vehicle, because repairing it would cost more than 60 percent (actually 71 percent) of the vehicle's worth.

The settlement offer is for $5,515.83, and the school board decided to keep the totaled Suburban. They may be able to use parts from that Suburban to fix others in the school's fleet, or they may decide to sell the parts piece by piece. That decision was not made at the board meeting, although a few ideas were tossed around. The insurance company would only have offered $200 in salvage value to purchase the totaled vehicle from the school, but the school board thought they could do better than that.

And the board approved the consent agenda, consisting of the Oct. 14 meeting minutes; treasurer's report; encumbrances and warrants for the general, building, and child nutrition funds; and activity fund expenditures.

Present were board members Shane Morris, Phil Kirkpatrick, Robert Babcock, and Shan Wilson, along with Interim Superintendent Weber and minutes clerk Patricia Dauphin.