Idaho State Statutes - Idaho Attorney Directory

STUDENTS USING OR UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCES. (1) It is legislative intent that parental involvement in all
aspects of a child's education in the public school system remain a priority.
Substance abuse prevention programs and counseling for students attending
public schools are no exception. Consequently, it is the duty of the board of
trustees of each school district, including specially chartered school
districts, and governing boards of charter schools, to adopt and implement
policies specifying how personnel shall respond when a student discloses or is
reasonably suspected of using or being under the influence of alcohol or any
controlled substance defined by section 37-2732C, Idaho Code. Such policies
shall include provisions that anonymity will be provided to the student on a
faculty "need to know" basis, when a student voluntarily discloses using or
being under the influence of alcohol or any controlled substance while on
school property or at a school function, except as deemed reasonably necessary
to protect the health and safety of others. Notification of the disclosure and
availability of counseling for students shall be provided to parents, the
legal guardian or child's custodian. However, once a student is reasonably
suspected of using or being under the influence of alcohol or a controlled
substance in violation of section 37-2732C, Idaho Code, regardless of any
previous voluntary disclosure, the school administrator or designee shall
contact the student's parent, legal guardian or custodian, and report the
incident to law enforcement. The fact that a student has previously disclosed
use of alcohol or a controlled substance shall not be deemed a factor in
determining reasonable suspicion at a later date.
(2) In addition to policies adopted pursuant to this section, students
may, at the discretion of the district board of trustees or governing board of
a charter school, be subject to other disciplinary or safety policies,
regardless whether the student voluntarily discloses or is reasonably
suspected of using or being under the influence of alcohol or a controlled
substance in violation of district or charter school policy or section
37-2732C, Idaho Code.
(3) The district board of trustees or the governing board of the charter
school shall ensure that procedures are developed for contacting law
enforcement and the student's parents, legal guardian or custodian regarding a
student reasonably suspected of using or being under the influence of alcohol
or a controlled substance. District and charter school policies formulated to
meet the provisions of section 37-2732C, Idaho Code, and this section shall be
made available to each student, parent, guardian or custodian by August 31,
2002, and thereafter as provided by section 33-512 6., Idaho Code.
(4) Any school district employee or independent contractor of an
educational institution who has a reasonable suspicion that a student is using
or is under the influence of alcohol or a controlled substance and, acting
upon that suspicion, reports that suspicion to a school administrator or
initiates procedures adopted by the board of trustees or governing board of
the charter school pursuant to this section, shall have immunity from any
liability, civil or criminal, that might otherwise be incurred or imposed. Any
such participant shall have the same immunity with respect to participation in
any judicial proceeding resulting from such report. Any person who reports in
bad faith or with malice shall not be protected by this section. Employees and
independent contractors of educational institutions who intentionally harass a
student through the misuse of the authority provided in this section shall not
be immune from civil liability arising from the wrongful exercise of that
authority and shall be guilty of a misdemeanor punishable by a fine not to
exceed three hundred dollars ($300).
(5) For the purposes of this section, the following definitions shall
apply:
(a) "Reasonable suspicion" means an act of judgment by a school employee
or independent contractor of an educational institution which leads to a
reasonable and prudent belief that a student is in violation of school
board or charter school governing board policy regarding alcohol or
controlled substance use, or the "use" or "under the influence" provisions
of section 37-2732C, Idaho Code. Said judgment shall be based on training
in recognizing the signs and symptoms of alcohol and controlled substance
use.
(b) "Intentionally harass" means a knowing and willful course of conduct
directed at a specific student which seriously alarms, annoys, threatens
or intimidates the student and which serves no legitimate purpose. The
course of conduct must be such as would cause a reasonable person to
suffer substantial emotional distress.
(c) "Course of conduct" means a pattern or series of acts over a period
of time, however short, evidencing a continuity of purpose.
Constitutionally and statutorily protected activity is not included within
the meaning of "course of conduct."

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