School Administrators FAQ

The Facts:

• What if students need to take legitimately prescribed medications during the school day?

  It’s best to have a formal policy – a medication management plan (MMP) – that governs how the school regulates medications for any students who require prescription drugs or over-the-counter medications during the school day.

  In most cases, whenever students must take medications at school, MMPs require written permission from the parents, along with instructions from a physician. Some schools require that all medications be administered only by a school nurse, counselor, or other authorized staff – who must maintain possession of the medication and information about its name and dosage, and keep detailed records of the times, dates, and doses administered. Other schools may allow students to carry their own medications, but the medications must be administered under the supervision of a school nurse or other staff.

  MMPs may also include exceptions for students to carry certain types of medications, such as asthma inhalers, which students may administer themselves as needed.

  In itself, an MMP cannot prevent prescription drug abuse. But by setting out clear policies for how and where students may use prescription drugs, MMPs provide a framework for legitimate use, administration, and control of prescription drugs in school. For more information about evaluating and improving your MMP, visit the professional development course.

• How should I respond to a prescription drug bust/overdose/incident in my school?

  If you have any concerns or suspicions, the best practice is to have a school counselor meet with parents to detail the observed behavior and related issues, such as a drop in school performance, disciplinary problems, and personality changes.

• What do I do if I suspect a student is under the influence, or abusing prescription drugs?

  Based on a student’s behavior at school, it’s not possible to determine if the student has a problem with a prescription drug, an illegal “street” drug, or is experiencing some medical issue – the signs and symptoms can be much the same.

  When a student demonstrates unusual behavior, including agitation, drowsiness, unsteadiness, incoherence, or impairment, it is best to err on the side of caution and treat it as a medical incident: Contact emergency services and notify parents immediately.

• What legal issues should I be aware of with prescription drugs?

  With few exceptions, it’s against the law to:

  • Give or sell a prescription drug to someone for whom it was not prescribed.
  • Possess a controlled substance without a current prescription.
  • Take a controlled medication without a prescription.

  The penalties for possession of prescription drugs in large quantities – or with the intent to sell – can be just as severe as with illicit “street” drugs.

• What should I do if I find a student with pills or other medications?

  This should be governed in part by your medication management plan (MMP) and your disciplinary policy, [link to disciplinary policy page] both of which should specifically address possessing prescription drugs in the school.

  If you or staff see a student with pills or other medications in school, it is permissible to ask to see the prescription container, other proof that the medication is in fact prescribed, or authorization for the student to carry the medication, if your school includes this provision in the MMP. However, note that due to health privacy regulations (such as HIPAA) the student may refuse to show you the container or reveal any confidential medical information. It’s always best to immediately notify parents of the situation, then handle the matter according to your policies.

  However, if you or other school staff observe a student passing pills or other medications to another student, it immediately becomes a law enforcement issue, whether the student has a legitimate prescription for the medication or not. It is always illegal to give, sell, or transfer prescription drugs to someone else. It is always illegal to take prescription medication prescribed to someone else.

  In most cases, it’s not appropriate for school administrators or staff to confiscate, store, or hold students’ prescription drugs. If school staff observe a student carrying or passing prescription drugs to another student, it is best to notify law enforcement immediately, then contact the parents.

• Can I search student lockers for prescription drugs?

  If you suspect a student may store pills in a school locker, you are allowed to search the locker. It is not an illegal search under the 4th Amendment, which mainly applies to law enforcement.

  It would be prudent to involve other staff or administrators in the search, to provide support and corroboration for anything uncovered during the search.

  If unauthorized prescription drugs are found during the search, the issue should immediately become a law enforcement matter – which will always override school policy. You should contact local law enforcement or a school resource officer.

  How should I manage a prescription drug investigation or arrest in the school?
  As a school administrator, you are responsible for cooperating with the authorities and notifying the parents of the situation – whether it involves student arrest, questioning, or investigation.