How Schools Can Combat the Fentanyl Overdose Epidemic (Legally)

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Part 6 of the series “The Last Frontier facing the New Frontier.”

Clinton Campion, Sedor, Wendlandt, Evans & Filippi, LLC

Alaska, like the rest of the country, is experiencing a rise in overdoses involving fentanyl. Fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine. The Centers for Disease Control (CDC), reports there are 150 deaths per day related to fentanyl overdoses. In 2021, the CDC reported that fentanyl was involved in 84% of all teen overdose deaths.

There are two types of fentanyl: pharmaceutical fentanyl and illegally made fentanyl. Pharmaceutical fentanyl is used to treat pain, generally after surgery and for advanced-stage cancer. The overwhelming number of overdoses involve illegally made fentanyl, which is often added to other drugs such as heroin and cocaine. Illegally made fentanyl can come in powdered or liquid form. It is nearly impossible to detect fentanyl because you cannot see it, taste it, or smell it.

Law enforcement across the country is stepping up interdiction and seizures of fentanyl. The Alaska State Troopers reported seizure of 26.85 kilograms of fentanyl in 2022, which it estimated to equate 13.425 million potentially fatal doses. The U.S. Drug Enforcement Administration reported seizure of nearly 400 million potentially fatal doses of fentanyl in 2022 and again in 2023.

Proactive Steps Districts Can Take

So, how can school officials combat this crisis. Fentanyl poses significant challenges for school officials but there are proactive steps school districts should consider taking:

1. School officials must ensure that students understand the danger posed by all illegal drugs, especially with the potential that the drugs could contain fentanyl without a student’s knowledge. School officials must stress that any pill or form of drug could contain a deadly dose of fentanyl.

 2. School officials should consider keeping naloxone (known also as Narcan) on hand at schools. Administration of naloxone can reverse the effect of an opioid overdose, including fentanyl overdoses, and can save lives because it gives time to seek emergency medical assistance.

If Naloxone is accidentally administered or administered unnecessarily, it is not likely to cause any harm.

3. School officials must be prepared for the challenges of searching for and seizing fentanyl laced drugs in schools. Students have a legitimate expectation of privacy at school. School officials may search school lockers, but such searches may not be more intrusive than necessary to determine compliance with school regulations and state law. AS 14.03.105(a). School officials must ensure that notices of the intention to search lockers are posted in prominent locations throughout schools. AS 14.03.105(b).

The U.S. Supreme Court School determined in 1985 that school officials are obligated to follow the Fourth Amendment to the U.S. Constitution in conducting searches of students and their bags, backpacks, or purses. New Jersey v. T.L.O.

This means school officials must have a reasonable suspicion before searching student bags, backpacks, or purses. School officials may not conduct searches that are excessively intrusive. Students also have a reasonable expectation of privacy in their vehicles parked on school grounds.

In 1988, the Alaska Court of Appeals clarified that a student’s legitimate expectation of privacy must be balanced against the “substantial interest of teachers and administrators in maintaining discipline in the classroom and on school grounds. Shamberg v. State, 762 P.2d 488 (Alaska App. 1988). In Shamberg, the Court upheld a search of an ashtray for drugs in a student’s vehicle parked in a school parking lot because the school official had “knowledge or information” linking Shamberg to the use of possession of contraband.

If school officials are made aware of the potential presence of fentanyl in schools, they should proceed very carefully. Law enforcement officers across the country have reported suffering severe medical symptoms after touching or inhaling fentanyl. Medical experts have suggested that the threat of fentanyl overdoses from skin contact or inhaling dust is low. The CDC has reported that some law enforcement officers have experienced symptoms such as lightheadedness, palpitations, and nausea after being exposed to fentanyl.

4. School officials should consider consulting with local law enforcement agencies on the presence of fentanyl in the community and the appropriate response when there is a reason to believe fentanyl is in schools. School officials should also advise school staff to proceed very carefully when there is reason to believe there is fentanyl in schools. Specifically, school officials should encourage or require the use of gloves and masks when responding to the potential presence of fentanyl.

Conclusion

There is reason to hope for solutions to the fentanyl crisis. On January 11, 2024, the U.S. Senate opened a hearing entitled, “Stopping the Flow of Fentanyl: Public Awareness and Legislative Solutions.” The purpose of the hearing is to get the bipartisan FEND Off Fentanyl Act enacted into law. This Act is designed to impose economic sanctions on the illicit fentanyl supply chain. Specifically, it is designed to target Mexican drug cartels and Chinese entities that supply the Mexican cartels with precursor chemicals and launder the illegal drug proceeds.

Practice Pointers

In the meantime, school board members and administrators should consider the following steps to combat the fentanyl crisis:

  1. Is your district offering information to staff, students, parents/guardians, and the community about the dangers of fentanyl?
  2. Does your district have Naloxone (Narcan) available to respond to opioid overdoses? If so,should all staff members receive training on the administration of Naloxone (Narcan)?
  3. Has your district posted its intention to conduct searches of school lockers throughout its schools?
  4. Does your district have a plan for searching and seizing potential fentanyl in its schools? Has your district coordinated with law enforcement?

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