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

Area: 
Prohibitions Or Restrictions
Policy Type: 
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.

Minnesota Statutes 2018 Education code, Chapter 121A Student rights, responsibilities, and behavior, 121A.29 Reporting; chemical abuse.

Subdivision 1.  Teacher’s duty. A teacher in a nonpublic school participating in a school district chemical use program, or a public school teacher, who knows or has reason to believe that a student is using, possessing, or transferring alcohol or a controlled substance while on the school premises or involved in school-related activities, shall immediately notify the school’s chemical abuse preassessment team of this information. A teacher who complies with this section shall be defended and indemnified under section 466.07, subdivision 1, in any action for damages arising out of the compliance.
Subd. 2.  Other reports. Nothing in this section prevents a teacher or any other school employee from reporting to a law enforcement agency any violation of law occurring on school premises or at school sponsored events.

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