Did Kentucky schools have to report every student drug or alcohol possession incident to police?

Plain-English summary

In 1993, Kentucky's Attorney General said school officials were not required by Kentucky statute to report every student drug or alcohol possession incident to law enforcement. They could report an incident, and parents could refer their child to the county attorney regardless of the school's discipline process. The AG cited Rone v. Daviess County Board of Education, which described a school investigation that was not referred to local authorities.

The opinion then addressed seized drugs or alcohol when no prosecution or outside police action was planned. The AG found no statute or regulation governing school disposal of that contraband and suggested safeguards for identifying, recording, retaining, and destroying it. It said the substance had to be tendered to law enforcement if juvenile prosecution or law-enforcement action was contemplated.

Currency note

This opinion was issued in 1993. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

School officials

The AG separated school discipline from a mandatory police report. It found no general Kentucky reporting requirement for the possession incidents described, while recognizing that officials could choose to report them.

Schools holding confiscated substances

The opinion's disposal discussion was guidance after the AG found no governing statute or regulation. It suggested verifying the substance, marking it to keep track of what was taken, having an accountable official authorize destruction, using multiple school personnel for destruction, and considering retention for a defined period if parents might involve the criminal justice system. The opinion treated planned law-enforcement or juvenile action differently: the contraband was to be tendered to the appropriate authority.

Parents and guardians

The AG said parents could refer their child to the county attorney for juvenile sanctions independently of how the school handled the matter. Its suggested handling process included allowing parents to see an identified substance and considering whether they might seek criminal-justice action.

Common questions

Did the school have to call police every time it found a student's drugs or alcohol?

The AG said no Kentucky statute imposed that general reporting duty under the 1993 law it reviewed. Officials were permitted to report an incident.

Could the school keep the matter within its discipline process?

The opinion recognized that possibility when no prosecution or outside police action was planned. It also said parents could independently refer their child to the county attorney.

What if a juvenile prosecution was planned?

The AG said the seized alcohol or drugs had to be tendered to the appropriate law-enforcement authority.

Did the AG identify a statute for destroying confiscated substances?

No. It said it could not locate a statute or regulation and then offered handling suggestions for the no-prosecution situation.

Background and statutory framework

John C. Fogle III, counsel for the Lee County Board of Education, asked about police reporting and disposal of student contraband. The opinion found no mandatory reporting or disposal statute applicable to the situations posed. It cited Rone for an example of school officials investigating student marijuana possession without referral to local authorities, then proposed safeguards for school handling when no outside action was contemplated.

Citations and references

• Rone v. Daviess County Board of Education, Ky. App., 655 S.W.2d 28, 31 (1983): school investigation discussed by the AG.

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG93-032.htm

Original opinion text

OAG 93-32

April 13, 1993

Hon. John C. Fogle, III

121 Bridge Street

Frankfort, KY 40601

Dear Mr. Fogle:

As legal counsel for the Lee County Board of Education, you has asked our office two questions regarding school officials' responsibility upon discovery of a student possessing alcohol or drugs on school property.

1. Must a local school district, through its officials, report all incidents of student possession of alcohol or drugs to appropriate local law enforcement officials (e.g., the County Attorney) every time such local school officials become aware of the student possession of contraband in the course of implementing and enforcing school disciplinary policies?

There is no Kentucky statute requiring that school officials report a student's possession of alcohol or drugs to law enforcement agencies. However, school officials may report the incident to law authorities. Additionally, parents may refer their child to the county attorney for appropriate juvenile sanctions irrespective of how the matter is handled by the local school officials.

Kentucky case law indicates that the General Assembly has not designated any special duty on behalf of school officials to report incidents of alcohol or drug possession on school property. In Rone v. Daviess County Board of Education, Ky. App., 655 S.W.2d 28, 31 (1983), the court held that school officials had reasonable suspicion to search a student who admitted he had marijuana which he passed to another student. The school officials conducted their investigation on school property and the incident was not reported to the local authorities. The court stated that the school officials "are to be commended in their attempt to prevent the appellant from entering the criminal justice system." Id. p. 31. The court favorably cited the trial court's opinion that "[t]he matter could have been turned over tot he legal authorities for investigation and appropriate action. Surely neither Brad nor his mother would have wanted that. Once caught up in the criminal justice system, too many youngsters seem never to escape it." Id.

In summary, school officials are not mandatorily required under Kentucky Law to report a student's possession of drugs or alcohol on school property to a law enforcement agency.

2. How may local school officials properly dispose of contraband coming into their possession through enforcement of student disciplinary policies when no juvenile prosecution or outside law enforcement agency action is contemplated?

We have been unable to locate any statutes or regulations governing how school officials may dispose of drugs or alcohol coming into their possession through enforcement of their student disciplinary policies. Obviously, if law enforcement action or juvenile prosecution is contemplated the alcohol or drugs must be tendered to the appropriate law enforcement authority.

As the discovery of a student possessing drugs or alcohol on school property is a concern for school officials, we believe that a school district should address the following issues regarding destruction of drugs or alcohol.

1. There should be a system or manner to determine that an alleged substance or drug is in fact that which it is alleged to be. This could be accomplished through or by a school official or employee, by the parent or guardian, or by an independent source such as a local pharmacist.

2. There should be some manner of marking identification and "chain of evidence" in order to assure that the parents or guardians actually see the substance or drug.

3. Any destruction of a substance or drug should be specifically ordered by the school superintendent or some accountable school official to whom such authority is delegated by the superintendent.

4. Any destruction should be carried out by specific methods in the presence of no less than three accountable school personnel. Destruction may be by disposal in a commode, incinerator, or other appropriate method.

As an alternative, school officials may contact the Department of Health Services, Cabinet for Human Resources, Drug Control Unit, Frankfort, Kentucky, regarding destruction of the substance.

5. The school may want to retain any drugs confiscated for a reasonable and specific period of time in case the parents or guardian opt to involve the criminal justice system. If the drugs are retained for a specific length of time, the drugs should be kept at the central administrative offices in a safe or other tamper resistant location. At the expiration of the time period, the school may destroy the contraband using the procedures described above.

Sincerely yours,

CHRIS GORMAN

ATTORNEY GENERAL

Lynne Schroering

Assistant Attorney General

(502) 564-7600

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