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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

The punishment is enhanced if a person commits a criminal offense knowingly or intentionally possessing 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 TSBVI or 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, a student, or person commits a class B misdemeanor if he/she inhales, ingests, applies, uses, or possess an abusable glue, aerosol paint, or substance containing a volatile chemical with intent to inhale, ingest, apply, or use 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 chemical; 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 485.031

Delivery To A Minor

No person who is 18 or older shall intentionally, knowingly, or recklessly deliver abusable glue or aerosol paint or abusable volatile chemical to a person who is younger than 18 years old.  No person 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, 485.032

Paraphernalia

A person commits a class B misdemeanor if he/she intentionally or knowingly uses or possesses 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, 485.033 [See FOC and FOD]

STEROID LAW NOTICE

Each school in which there is a grade level of seven or higher shall post in large print and braille in a conspicuous location in the school gymnasium and each other place in a building where physical education classes are conducted the following notice:

Anabolic steroids are for medical use only. State law prohibits possession, dispensing, delivery, or administering an anabolic steroid in any manner not allowed by state law. State law provides that body building, muscle enhancement, or the increase of muscle bulk or strength through the use of an anabolic

steroid or human growth hormone by a person who is in good health is not a valid medical purpose. Only a medical doctor may prescribe an anabolic steroid or human growth hormone for a person. A violation of state law concerning anabolic steroids or human growth hormones is a criminal offense punishable by confinement in jail or imprisonment in the Texas Department of Criminal Justice.

Education Code 38.008

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, 1/26/18, 8/9/19

Reviewed: