Louisiana - Alcohol and Drug-use Prohibitions or Restrictions: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
regulation; statute
Summary: 

State law prohibits the sale, possession, or use of alcohol or controlled substances andencourages districts to refer students to treatment or offer “safe harbor” immunity from disciplinary action when students seek help for substance use disorders.

Louisiana Administrative Code 28 CXV 1133 Substance Abuse

A. Any school employee having reasonable cause to believe that a student possesses a controlled dangerous substance or an alcoholic beverage on a school campus shall report such fact to the principal of the school.

    1. If a Substance Abuse Prevention Education (SAPE) team exists within the school, the principal shall forward the report to the chairperson of the team.
    1. If the report has been given to the team directly or if the report has been forwarded to the team by the principal, the team shall discuss the circumstances of the report with the student reported without disclosing the name of the reporting person and shall meet with the parents of the student reported.
    1. The team shall report to the principal of the school and make recommendations for treatment, counseling, or other appropriate action.

B. Any school employee having factual knowledge that a student has manufactured, distributed, or possessed with intent to distribute a controlled dangerous substance shall report such fact to the principal of the school who, upon finding that there is reasonable cause to believe that the student has manufactured, distributed, or possessed with intent to distribute a controlled dangerous substance, shall report such information to the appropriate law enforcement agency.

C. Any person who makes a report in good faith, pursuant to substance abuse, shall have immunity from civil liability that otherwise might be incurred. Such immunity shall extend to testimony in any judicial proceeding resulting from such report.
NOTE: See § 1127.


Louisiana Revised Statutes 17:416 Discipline of students; suspension; expulsion

C. (3)(a) 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 designee, within five 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.

  • (b) If evidence of abuse is found, the student shall be referred to an alcohol and drug abuse treatment professional chosen by the student’s parent or tutor. If the student is found by the professional to be in need of 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 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.
    Source: Louisiana State Legislature

Louisiana Revised Statutes 17:416 Discipline of students; suspension; expulsion

A. (3)(a) A school principal may suspend from school or suspend from riding on any school bus any student who:

  • (i) Is guilty of willful disobedience.

  • (ii) Treats a teacher, principal, superintendent, member, or employee of the local school board with intentional disrespect.

  • (iii) Makes against any one of them an unfounded charge.

  • (iv) Uses unchaste or profane language.

  • (v) Is guilty of immoral or vicious practices, or of conduct or habits injurious to his associates.

  • (vi) Uses tobacco or who possesses alcoholic beverages or any controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law, in any form, in school buildings, on school grounds, or on school buses owned by, contracted to, or jointly owned by any city or parish school board.
    Source: Louisiana State Legislature

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