{
 "citation": "14:403.1",
 "heading": "Substance abuse in schools; definitions; confidential reports; immunity; penalty",
 "doc_id": "78521",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78521",
 "classification": "",
 "enacted_year": "1981",
 "last_amended_year": "2021",
 "penalties": [],
 "referenced_statutes": [
  "17:443",
  "17:462",
  "17:493",
  "17:523",
  "17:533",
  "32:663",
  "44:1"
 ],
 "text": "RS 14:403.1\n\n\u00a7403.1. Substance abuse in schools; definitions; confidential reports; immunity; penalty\n\nA. The purpose of this Section is to protect teachers, administrators, school support\npersonnel, and employees of the public school systems of this state from liability for damages\nas a result of reporting substance abuse on school campuses. It is intended that as a result\nof such reporting, the children attending schools in this state shall not be exposed to\nsubstance abuse while on campus, and law enforcement shall be aided in efforts to eradicate\nsubstance abuse by students.\n\nB. For the purposes of this Section, the following terms shall mean:\n\n(1) \"Campus\" is all facilities and property within the boundary of the school property\nand all vehicles used for public transportation of students.\n\n(2) \"Controlled dangerous substance\" is any substance regulated or defined in the\nUniform Controlled Dangerous Substance Law, Part X, Chapter IV of Title 40 of the\nLouisiana Revised Statutes of 1950, except where prescribed by a physician and possessed\nand consumed by the person for whom prescribed.\n\n(3) \"Person\" is any employee of a public school system including, but not limited to,\nteachers, administrators, school bus drivers, janitors, lunch room workers, maintenance\nemployees, and coaches of athletic teams.\n\n(4) \"School\" is any public elementary or secondary school in the state of Louisiana.\n\n(5) \"Student\" is any person enrolled at school, including any person so enrolled but\non temporary suspension, and any person physically on campus, whether a student or non-student.\n\n(6) \"Substance Abuse Prevention Team,\" hereafter sometimes referred to as \"the\nteam,\" is a panel of not less than six members consisting of at least one administrator,\nteacher, school counselor, parent representative, and school support person. The team shall\nbe trained by personnel from the Substance Abuse Prevention Education Program of the\nLouisiana Department of Education.\n\nIn the absence of the availability of a team trained by personnel from the Substance\nAbuse Prevention Education Program, the principal of a school may establish a substantially\nsimilar panel which shall be considered a substance abuse prevention team.\n\nC.(1) Any person having reasonable cause to believe that a student possesses a\ncontrolled dangerous substance or an alcoholic beverage on a school campus, under\ncircumstances other than those described in Paragraph (2) of this Subsection, shall report\nsuch fact to the principal of the school or to the chairman of the Substance Abuse Prevention\nTeam on a report form prepared by the Department of Education or on a substantially similar\nform. If the report is to the principal, the principal immediately shall forward it to the\nchairman of the team.\n\nThe team shall discuss the circumstances of the report with the student reported\nwithout disclosing the name of the reporting person and shall also meet with the parents of\nthe student reported. The team shall thereafter report to the principal of the school and make\nrecommendations for treatment, counselling, or other appropriate action.\n\n(2) Any person having factual knowledge that a student has manufactured,\ndistributed, or possessed with intent to distribute a controlled dangerous substance shall\nreport such fact to the principal of the school who, upon a finding that there is reasonable\ncause to believe that the student has manufactured, distributed, or possessed with intent to\ndistribute a controlled dangerous substance, shall report such information to the appropriate\nlaw enforcement agency. If the principal determines that there are reasonable grounds to\nbelieve the student possessed a controlled dangerous substance but did not manufacture,\ndistribute, or possess with intent to distribute a controlled dangerous substance, he shall refer\nthe matter to the Substance Abuse Prevention Team chairman.\n\n(3) The report required in Paragraphs (1) and (2) of this Subsection shall be written\nand shall include the name of the person making the report, the name of the student suspected\nof committing the act so reported, and the specific incident which caused the reporting\nperson to believe the act had occurred. Sufficient detail shall be included to allow the report\nto be adequately reviewed. When appropriate, the report shall include a behavioral profile\nof the student since his enrollment in class.\n\nD.(1) The provisions of Subsection C of this Section shall not preclude any person\nfrom making a report of conduct to a law enforcement agency when that person has\nreasonable cause to believe that the manufacture or distribution of a controlled dangerous\nsubstance has taken or is taking place and that delay would jeopardize or impair the ability\nto control the manufacture or distribution of a controlled dangerous substance on a campus.\n\n(2) The provisions of Subsection C of this Section shall not preclude any person\nfrom making a report of conduct to a law enforcement agency when that person has\nreasonable cause to believe that a student on campus is under the influence of alcoholic\nbeverages and that delay would jeopardize or impair the ability to operate the school or result\nin the student's being a danger to himself or others.\n\n(3) A law enforcement agency receiving a report under the provisions of this\nSubsection may conduct an investigation of the report. Such investigation may include the\nadministering, upon the school grounds and after consent has been obtained from student's\nparent or legal tutor, of a breath or urine test for the presence of alcohol or a controlled\ndangerous substance, if the investigating officer has reasonable cause to believe the student\nis or recently was on campus while under the influence of alcoholic beverages or a controlled\ndangerous substance. The methods for the administration and analysis of a breath or urine\ntest under the provisions of this Subsection shall be the same as for chemical testing and\nanalysis authorized under R.S. 32:663. The results of a breath or urine test authorized under\nthis Subsection shall be provided solely to the student, the parent or legal tutor of the student,\nthe principal of the school, and the chairman of the Substance Abuse Prevention Team, and\nshall not be used as the basis for any disciplinary proceeding against the student. The law\nenforcement agency may keep a copy of the test results which copy shall not be a public\nrecord and shall not be open for public inspection but shall be kept confidential under lock\nand key and maintained only for internal record keeping purposes to preserve the integrity\nof said agency's files and shall not be used for any investigative purpose. The test results\nshall be exempt from the Public Records Act* and shall not be admissible as evidence in any\ncivil or criminal trial, hearing, or other proceeding.\n\nE. All reports filed pursuant to this Section shall be confidential. The identity of the\nreporting person shall not be disclosed except when the constitution of the State of Louisiana\nor the United States so requires. All reports shall be exempt from the Public Records Act.\n\nF. Any person who makes a report in good faith, pursuant to Subsections C and D\nof this Section, shall have immunity from civil liability that otherwise might be incurred. \nSuch immunity shall extend to testimony in any judicial proceeding resulting from such\nreport.\n\nG. The willful failure by a person with permanent status to make a report required\nby Subsection C of this Section shall constitute willful neglect of duty which may subject the\nperson to dismissal pursuant to R.S. 17:443, R.S. 17:462, R.S. 17:493, R.S. 17:523, or R.S.\n17:533, as appropriate. Any person without permanent status may be dismissed for willful\nneglect of duty under this Section after a hearing in accordance with the procedures set forth\nin R.S. 17:443.\n\nAdded by Acts 1981, No. 861, \u00a71. Acts 1985, No. 828, \u00a71; Acts 2021, No. 275, \u00a72.\n\n*R.S. 44:1 et seq."
}