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Drug Free Zone: Substance Abuse

Drug Free Zone: Substance Abuse

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 St. Mary 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. 

  

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 School Building Level Committee chairperson in the school.  The principal must report each case of possession, distribution, sales, or manufacturing to the proper law enforcement authority.  Reports shall also be made to the Student Assistance Team, who shall investigate, research, and report on instances or reports of possession of prohibited substances or beverages.  Designated personnel shall report their findings along with the recommendation for treatment, counseling, or other appropriate action to the principal. 

 

DRUG DETECTION TEAM

The Drug Detection Team shall represent a joint combined effort between law enforcement agencies in St. Mary Parish, private agencies, and the St. Mary Parish School Board.  The purpose of the Drug Detection Team shall be to provide for the use of trained drug detection dogs in assisting School Board administrative personnel in locating drugs on campuses.  The Detection Team shall consist of: 

 

  • The Superintendent who shall oversee the team. 

  • A commissioned law enforcement officer with a trained drug detection dog. 

  • The principal of the school where the search is being conducted. 

  • Such other school personnel as may be designated by the school principal. 

 

 

The representative from the School Board Central Office, who shall be the director of the team, shall be responsible for all aspects of the search by the Drug Detection Team.  The commissioned law enforcement officer, who is serving as the handler for the drug detection dog, shall perform his or her duties under general supervision of the director of the team.  The school principal or designee shall perform the actual search for the suspected illegal drugs or other items when the presence of such, has been detected by the drug detection dog. To ensure the effectiveness of the program while safeguarding the rights of all concerned, the following components of the Drug Detection Program shall be adhered to in the detection and removal of items prohibited by law or Board policy: 

 

  • Any student arrested for 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 superintendent or his designee 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 student shall be referred to an alcohol and drug abuse treatment professional chosen by the student's parent or guardian.  If the student is found by the professional to need treatment, as certified in writing by the medical professional, such documentation may be used to initiate reopening of the student's case.  The St. Mary Parish School Board will take into consideration the student's agreement to receive treatment as a positive factor in the final decision relative to any final disciplinary action. 

 

  • Any student who has been expelled from any public or non-public school within or outside the State of Louisiana for possession on school property or on a school bus of a firearm, knife, or other dangerous weapon or instrument  customarily used or intended for probable use as a dangerous weapon, or for possession with intent to distribute, or distributing, selling, giving, or lending while on school property or on a school bus any controlled dangerous substance governed by the Uniform Controlled Dangerous Substances Law will not be admitted to a public school in St. Mary Parish until the student has enrolled and participated in an appropriate rehabilitation or counseling program related to the reason or reasons for the student's expulsion. 

 

  • The rehabilitation or counseling required by this policy shall be provided by existing or new programs that have been approved by the juvenile or family courts having jurisdiction, if applicable, or by the school system and shall be at no additional cost to the School Board.  

 

SUBSTANCE ABUSE VIOLATIONS (REVISED TO INLCUDE THC VAPES) 

Possession, use, delivery, transfer, sale, or being under the influence of drugs, alcohol, mood-altering chemicals, controlled, dangerous substances (governed by the uniform controlled dangerous substances law) drug paraphernalia, or any items used to simulate drugs, alcohol, or controlled dangerous substances (look-alikes and counterfeits) while on school premises, school buses, school property, school-sponsored events, or under school supervision Is expressly forbidden. 

VAPING THC  

Any student possessing any vaping device designed for THC or any other illegal dangerous controlled substances will be referred to the SRO or Law Enforcement for each Violation and suspended pending a disciplinary hearing with Child Welfare and Attendance Officers. The student will also be assigned additional consequences in accordance with State Laws. 

 

CONSEQUENCES  

When the principal or designee after an investigation has reasonable cause to believe that a student has violated Substance Abuse Policies, the student's parents, the Supervisor of Child Welfare and Attendance, the Drug-Free Schools and Communities Coordinator shall be contacted immediately. The school system shall request charges be brought against the student. The student shall be suspended (in-school or out-of-school suspension) from school according to the following procedures: 

 

16 or Older. If the student is age 16 or older, the student shall be referred to the District Attorney’s Office with recommendation for Drug Court assessment. The student shall be expelled for the maximum period allowable under state and federal law for a minimum period of (4) four complete school semesters. Students shall not be allowed to return to a Parish Public School without documentation of enrollment and participation in a Rehabilitation or Counseling Program relating to the expulsion and express approval of the Parish School Board through an administrative hearing. 

 

15 or Younger. Students less than 16 years old and in grades 6-12 shall be expelled from the Parish Public School System for the maximum period allowable under state and federal law for a minimum period of (2) two complete school semesters. The student should be referred to the District Attorney’s Office. Students shall not be allowed to return to a Parish Public School without documentation of enrollment and participation in a Rehabilitation or Counseling Program relating to the expulsion and express approval of the Parish School Board through an administrative hearing. 

 

PK - 5. Any case involving a student in Kindergarten through Grade 5, the student shall be suspended, pending a hearing with the Supervisor of Child Welfare & Attendance, the superintendent or designee will make recommendations for disciplinary action. 

 

Expulsion Modification. The superintendent or designee may modify the expulsion requirement on a case-by-case basis, providing that such modifications are in writing. 

 

FIRST VIOLATION: When the principal/designee after an investigation has reasonable cause to believe that a student has violated any of the above, the student's parents, the Supervisor of Child Welfare and Attendance, the Drug-Free Schools and Communities Coordinator, and the appropriate law enforcement agency shall be contacted immediately. 

 

The student shall be suspended (in-school/out-of-school) from school pending a hearing with parent(s)/guardian, Supervisor of Child Welfare and Attendance, Drug-Free Schools Coordinator and principal/designee shall be held before the student may be readmitted to school and an appropriate educational intervention may be assigned for the student and parent(s)/guardian(s). Failure to comply with these procedures shall result in immediate referral to the juvenile court system. 

 

SECOND VIOLATION: When the principal/designee has reasonable cause to believe that a student has, for the second time in a school year, violated the above, the student will be expelled from the Parish Public School System for a period to be determined by the Supervisor of Child Welfare and Attendance at a hearing with the student and parent(s)/guardian. 

 

ARRESTS AND TREATMENT  

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 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. 

 

If evidence of abuse is found, the student shall be referred by the principal or his designee to an alcohol and drug abuse treatment professional chosen by the student's parent or tutor legal guardian. If the student is found by the professional to need 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.