FILE: JCDAB
Cf: JGCD
STUDENT ALCOHOL AND DRUG USE
Every student is entitled to an education which is offered in an orderly, healthy atmosphere. The Orleans Parish School Board directs that each student shall be specifically prohibited from using, distributing, attempting to distribute, being under the influence of, bringing on, consuming, or having in his/her possession on a school bus, on any School Board property, at any school sponsored event, or at a school function away from school, any alcoholic beverages, intoxicating liquors, narcotic drugs, prescription medications, marijuana, inhalants, imitation or counterfeit controlled substances, or other controlled substance as defined by state statutes, unless dispensed by a licensed physician as allowed by law. The Superintendent shall be responsible for maintaining appropriate procedures for the detection of alcohol, drugs, or any imitation or other controlled substances. Any student found in violation of the above shall be suspended and recommended for expulsion by the principal.
Any violations of criminal laws, state or federal, committed on school property shall be prosecuted as provided by law. School officials, teachers and/or School Board employees shall report all violators to the principal, who in turn, shall notify the proper law enforcement agency and shall cooperate with the prosecuting attorney's office in the prosecution of charges. Any student who possesses, distributes, sells or dispenses in any manner or form whatsoever a controlled dangerous substance as defined by state law to another student or anyone else while on the school premises shall be expelled pursuant to the provisions and guidelines as set forth in state law.
The principal shall immediately notify the parents or legal guardian, by telephone, of any student found in violation of this policy. If the parents or legal guardian cannot be reached by phone, the principal shall then notify them of the action by sending a letter within twenty-four (24) hours. Care shall be given to afford due process to all students.
Use and/or under the influence shall mean a student has smoked, ingested, imbibed, inhaled, drunk, or otherwise taken or absorbed a prohibited substance recently enough that it is detectable by the student’s actions, breath, speech, and/or physical evidence.
REPORTS OF SUBSTANCE ABUSE
State law mandates that teachers and other school employees report suspected substance abuse in school. These cases shall be reported to the principal and the Substance Abuse Prevention Team in the school. The principal must report each case of possession, distributing, sales or manufacturing to the proper law enforcement authority. Reports shall also be made to the appropriate person at each school, who shall investigate, research, and report on instances or reports of possession of prohibited substances or beverages. Designated personnel shall report its findings along with the recommendation for treatment, counseling or other appropriate action to the principal.
Referral of Student Required
Any student arrested for possession of, or intentional distribution of, or possession with intent to distribute any illegal narcotic, drug, or other controlled substance on school property shall be referred by the school principal or his/her designee, within five (5) days after such arrest, for testing or screening by a qualified medical professional for evidence of abuse of alcohol, illegal narcotics, drugs, or other controlled dangerous substances.
If evidence of abuse is found, the principal or his/her designee shall refer the student to an alcohol and drug abuse treatment professional chosen by the student’s parent or legal guardian. If it is determined by the professional that the student needs treatment, and if the student agrees to cooperate in the recommended treatment as certified in writing by the medical professional, such documentation may be used to initiate reopening the student’s disciplinary case. The School Board shall take into consideration the student’s agreement to receive treatment as a positive factor in the final decision relative to any final disciplinary action.
DRUG FREE ZONES
It is unlawful for anyone to use, distribute, be under the influence of, manufacture or possess any controlled substances as defined by statute on or around school property or an area within 2,000 feet of any property used for school purposes by any school, or on a school bus. These areas shall be designated as Drug Free Zones. The Orleans Parish School Board, in cooperation with local governmental agencies, and the Louisiana Department of Education, shall designate and mark Drug Free Zones which surround all schools and school property.
Revised: November 17, 2022
Ref: La. Rev. Stat. Ann. §§14:403.1, 17:405, 17:416, 40:961, 40:962, 40:963, 40:964, 40:967, 40:968, 40:969, 40:970, 40:971, 40:971.1
Board minutes, 11-17-22
Orleans Parish School Board