Section 44049 Of Article 2. Rights And Duties From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 1. >> Article 2.
44049
. (a) Except as provided in subdivision (c), any principal or
person designated by the principal who, in his or her professional
capacity or within the scope of his or her employment, has knowledge
of or observes a pupil whom he or she knows, or reasonably suspects
as evidenced by the pupil's apparent intoxication, has consumed an
alcoholic beverage or abused a controlled substance, as listed in
Chapter 2 (commencing with Section 11053) of the Health and Safety
Code, may report the known or suspected instance of alcohol or
controlled substance abuse to the parent or parents, or other person
having legal custody, of the student.
(b) No principal or his or her designee who reports a known or
suspected instance of alcohol or controlled substance abuse by a
pupil to the parent or parents, or other person having legal custody,
of the pupil shall be civilly or criminally liable, for any report
or as a result of any report, unless it can be proven that a false
report was made and the principal or his or her designee knew that
the report was false or was made with reckless disregard for the
truth or falsity of the report. Any principal or his or her designee
who makes a report known to be false or with reckless disregard of
the truth or falsity of the report is liable for any damages caused.
(c) No principal or person designated by the principal shall
report a known or suspected instance of alcohol or controlled
substance abuse by a pupil to the parent or parents, or other person
having legal custody, of the pupil if the report would require the
disclosure of confidential information in violation of Section 49602
or 72621.