FNCF - STUDENT CONDUCT: ALCOHOL AND DRUG USE

ALCOHOL

The Board shall prohibit the use or possession of alcoholic beverages at school-related or school-sanctioned activities on or off school property.

Education Code 38.007(a)

ALCOHOL-FREE ZONES

The Board shall attempt to provide a safe alcohol-free environment to students coming to or going from school.

Cooperative Efforts

The Board may cooperate with local law enforcement officials and the Texas Alcohol and Beverage Commission in attempting to provide this environment and in enforcing the alcohol-free zone provisions in the Alcohol and Beverage Code.

Education Code 38.007(b)

CRIMINAL OFFENSE

A person commits an offense (a Class C misdemeanor) if the person possesses an intoxicating beverage for consumption, sale, or distribution while:

1. On the grounds or in a building of a public school; or
2. Entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school is being held.

Education Code 37.122

DRUG-FREE ZONES

A person commits a criminal offense (enhanced) if the person knowingly or intentionally possesses a controlled substance listed in the Health and Safety Code, chapter 481:

1. In, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school district; or
2. On a school bus.

Health and Safety Code 481.134

ABUSABLE GLUES, PAINTS, OR VOLATILE CHEMICALS

In addition to the above prohibitions, no student shall inhale, ingest, apply, use, or possess an abusable glue, aerosol paint, or substance containing a volatile chemical with intent to inhale, ingest, apply, or use any of these in a manner:

1. Contrary to directions for use, cautions, or warnings appearing on a label of a container of the glue, paint, or substance; and
2. Designed to affect the central nervous system, create or induce a condition of intoxication, hallucination, or elation, or change, distort, or disturb the person's eyesight, thinking process, balance, or coordination.

Health and Safety Code 484.003, 485.031

Manufacture Or Delivery

No student shall intentionally manufacture, deliver, or possess with intent to manufacture or deliver abusable glue, or aerosol paint that does not contain additive material in accordance with rules adopted by the commissioner of health.

Education Code 37.006; Health and Safety Code 484.032

Delivery To A Minor

No student who is 18 or older shall intentionally, knowingly, or recklessly deliver abusable glue or aerosol paint to a person who is younger than 18 years old. No student who is 18 or older shall sell or deliver a substance containing a volatile chemical as described in Health and Safety Code 484.005(a)(2) to a person younger than 18.

Education Code 37.006; Health and Safety Code 484.005, 485.033

Paraphernalia

No person shall intentionally or knowingly use or possess with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce into the body an abusable glue, aerosol paint, or other substance that contains a volatile chemical.

Education Code 37.006; Health and Safety Code 484.004, 485.034

PARENTAL OBJECTION TO DRUG EDUCATION PROGRAM

Upon receipt of written notification from the parents or legal guardians of a student, the School shall withdraw the student from any program or activity funded under the federal Safe and Drug-Free Schools and Communities Act. The School shall make reasonable efforts to inform parents or legal guardians of the content of such programs or activities funded under the Act, other than classroom instruction.

No Child Left Behind Act of 2001, 20 U.S.C. 7163)

Adopted: 4/7/78

Amended: 1/11/80, 1/14/83, 9/21/84, 11/18/94, 3/22/96, 3/31/98, 3/21/03, 5/25/05, 1/26/07

Reviewed:

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