Puerto Rico School Discipline Laws & Regulations: Substance Use

Puerto Rico School Discipline Laws & Regulations: Substance Use

Category: Discipline Addressing Specific Code of Conduct Violations
Subcategory: Substance Use
State: Puerto Rico

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Puerto Rico

LAWS

3 L.P.R.A. § 9809c. Possession of weapons and controlled substances in schools.

Any student who introduces, distributes, gifts, sells, or possesses any type of firearm or controlled substance, classified as such in §§ 2101 et seq. of this Title 24, known as the "Controlled Substances Act of Puerto Rico", within the school or its surroundings, shall be suspended by the Secretary for a period not to exceed one (1) year according to the particular circumstances of each case and the procedures prescribed by regulations. For purposes of this section, "any type of weapon" shall include all the weapons included in §§ 455 et seq. of Title 25, known as the "Puerto Rico Weapons Act", or any other successor and/or federal law.

"School surroundings" shall be understood as a perimeter of one hundred (100) meters measured from the school premises as these are delimited by a fence or any other boundary marking. The Department, in conjunction with the concerned government agencies, shall provide the suspended student with alternative education options for the duration of the suspension and, once the suspension has ended, shall place the student in the appropriate level and grade. The legal provisions in effect in our code of laws shall be applied if necessary.

18 L.P.R.A. § 3802. General rights of the student.

All persons have the right to education. The education to be provided by the State shall be free for all students of the Public Education System. Elementary and secondary education shall be compulsory. All students shall be guaranteed equal protection of the laws and rights granted by the U.S. Constitution, federal laws, the Constitution of Puerto Rico, and other applicable laws, regulations, and ordinances. Without it being construed as a limitation, students shall have the following rights:

(10) Right to a free and safe education.-

(a) Education shall be free and accessible in the primary and secondary school levels to every public school student between the ages of five (5) and twenty-one (21).

(b) Students shall have the right to enjoy a safe school environment; free from the illegal use and trafficking of drugs and weapons; and free from any type of attack to their physical, mental, or emotional integrity.

REGULATIONS

Regulation Num. 8115. Article IV. Student Duties and Obligations.

I. Norms

6. It is prohibited for students to possess, transport, carry, or use knives, guns, explosives, sharp objects, any object meant to attack or defend oneself, including but not limited to "pellet" guns, paintball guns, brass knuckles, exaggerated chains or necklaces, drugs, alcoholic beverages, cigarettes, pipes, tobacco, CDs or cassettes with obscene content, or any object or substance prohibited or illegal within school grounds. The student should know that if there are grounds to believe that he or any other student is carrying any of these, he will be searched followed the establish procedure in Article IX, section E.

Regulation Num. 8115. Article IX, E. Entries and searches.

Will be carried out as a measure to guarantee a safe environment in our school campuses. These can not be performed randomly. As the authorized officials must strictly follow the procedures laid out in the present Article, to guarantee the reasonableness thereof to perform the interventions with the students. […]

2. Procedure

a. The authorized officials may search a student or a group of students and may consequently keep the obtained evidence, under any of the following circumstances:

b. When an offense has led to possession, carrying, distribution, or sale of arms, or of any controlled substance or chemical or device that could cause grave bodily harm and the authorized official has reasonable grounds to believe that the student in question committed it. By reasonable grounds, it will be understood that officials may intervene based on information that would lead a reasonable and prudent person to believe that the student in question has committed the offense. The student’s innocence or guilt will be determined independently later.