State law requires districts to refer students to local law enforcement for any offense that may be a violation of the criminal code.
Louisiana Administrative Code 28 CXV 1133. Substance Abuse
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.
Louisiana Administrative Code 28 CXV 303. General Powers of Local Educational Governing Authorities
H. Each local school board shall develop and adopt rules and policies regarding the dismissal and discipline of school employees including but not limited to the following issues:
- dismissing teachers at any time a reduction in force is instituted by the school board;
- dismissing school employees who have not attained tenure;
- the investigation of employees accused of impermissible corporal punishment or moral offenses involving students;
Louisiana Revised Statutes 14:403.1. Substance abuse in schools; definitions; confidential reports; immunity; penalty.
D. (1) The provisions of Subsection C of this Section shall not preclude any person from making a report of conduct to a law enforcement agency when that person has reasonable cause to believe that the manufacture or distribution of a controlled dangerous substance has taken or is taking place and that delay would jeopardize or impair the ability to control the manufacture or distribution of a controlled dangerous substance on a campus. (2) The provisions of Subsection C of this Section shall not preclude any person from making a report of conduct to a law enforcement agency when that person has reasonable cause to believe that a student on campus is under the influence of alcoholic beverages and that delay would jeopardize or impair the ability to operate the school or result in the student’s being a danger to himself or others. (3) A law enforcement agency receiving a report under the provisions of this Subsection may conduct an investigation of the report. Such investigation may include the administering, upon the school grounds and after consent has been obtained from student’s parent or legal tutor, of a breath or urine test for the presence of alcohol or a controlled dangerous substance, if the investigating officer has reasonable cause to believe the student is or recently was on campus while under the influence of alcoholic beverages or a controlled dangerous substance. The methods for the administration and analysis of a breath or urine test under the provisions of this Subsection shall be the same as for chemical testing and analysis authorized under R.S. 32:663. The results of a breath or urine test authorized under this Subsection shall be provided solely to the student, the parent or legal tutor of the student, the principal of the school, and the chairman of the Substance Abuse Prevention Team, and shall not be used as the basis for any disciplinary proceeding against the student. The law enforcement agency may keep a copy of the test results which copy shall not be a public record and shall not be open for public inspection but shall be kept confidential under lock and key and maintained only for internal record keeping purposes to preserve the integrity of said agency’s files and shall not be used for any investigative purpose. The test results shall be exempt from the Public Records Act 1Link to the text of the note and shall not be admissible as evidence in any civil or criminal trial, hearing, or other proceeding.
Louisiana Revised Statutes 17:252 School master plans for supporting student behavior and discipline.
(2) The model master plan may include but need not be limited to guidelines for accomplishing the following: (a) Improving communication, coordination, and collaboration between the schools and juvenile justice agencies. (b) Improving safe school planning. (c) Revising school zero tolerance policies to ensure compliance with all applicable provisions of law to ensure that schools do not make inappropriate referrals to juvenile justice agencies.