Drug Testing Policy

INTERROGATIONS

BY SCHOOL OFFICIALS

Administrators, teachers, and other professional personnel have the authority to question a student about the student’s own conduct or the conduct of other students. In the context of school discipline, students have no claim to the right not to incriminate themselves.

BY POLICE OR OTHER AUTHORITIES

For provisions pertaining to student questioning by law enforcement officials or other lawful authorities, see GRA (LOCAL).

LOCKERS AND VEHICLES

Students have full responsibility for the security of their lockers and for vehicles parked on or within 300 feet of school property. It is the student’s responsibility to ensure that lockers and vehicles are locked and that the keys and combinations are not given to others. Students will not place, keep, or maintain any article or materials that is forbidden by district policy in lockers or in vehicles parked on or within 300 feet of school property.

Lockers are school property and remain under the school’s control at all times. School officials may search lockers at any time. School officials may search vehicles parked on or within 300 feet of school property if there is reasonable cause to believe that they contain articles or materials prohibited by District policy. Students are responsible for any prohibited items found in their lockers or in vehicles parked on or within 300 feet of school property.

If a vehicle subject to search is locked, the student will be asked to unlock the vehicle. If the student refuses, a school official will contact the student’s parents. If the parents also refuse to permit a search of the vehicle, school officials will turn the matter over to local law enforcement officials.

USE OF TRAINED DOGS

[OPTIONAL PROVISION]

The District uses specially trained nonaggressive dogs to sniff out and alert officials to the current presence of concealed prohibited items, illicit substances defined in FNCF (LEGAL), and alcohol. This program is implemented in response to drug and alcohol related problems in District schools, with the objective of maintaining a safe school environment conducive to education.

Visits to schools by trained dogs will be unannounced. The dogs will be used to sniff vacant classrooms, vacant common areas, the areas around student lockers, and the areas around vehicles parked on or within 300 feet of school property. The dogs must not be used with students. If a dog alerts to a locker, a vehicle, or an item in a classroom, it may be searched by school officials. Searches of vehicles will be conducted as described above.

NOTICE

At the beginning of the school year, the District will inform students of its policy on searches, as outlined above, and will specifically notify students that:

1. Lockers are school property and remain under the school’s control at all times [and may be sniffed by trained dogs at any time].

2. Vehicles parked on or within 300 feet of school property and subject to search based on reasonable cause [and may be sniffed by trained dogs at any time].

3. [Classrooms and other common areas may be sniffed by trained dogs at any time when students are not present.]

4. If contraband of any kind is found as a result of a search, the possessing student will be subject to the appropriate disciplinary action, regardless of knowledge or intent, in accordance with the Student Code of Conduct.

PARENT NOTIFICATION

The student’s parent or guardian will be notified if any prohibited articles or materials are found in a student’s locker, in a student’s vehicle parked on or within 300 feet of school property, or on the student’s person, as a result of a search conducted in accordance with this policy.

EXTRACURRICULAR ACTIVITY DRUG TESTING RATIONALE

The Board encourages students to participate in school-sponsored extracurricular activities, but believes the opportunity to participate is a privilege offered to eligible students on an equal opportunity basis. The use of alcohol or other drugs by students participating in extracurricular activities presents a hazard to the health, safety, and welfare of the student participant. The Board believes testing student participants in school-sponsored extracurricular activities serves the important purpose of detecting and preventing illegal drug and alcohol use among students. The purpose of the District’s program is to:

1. provide for the health and safety of all students.

2. undermine the effects of peer pressure by providing a legitimate reason for students to refuse to use illegal drugs.

3. encourage students who use drugs to participate in drug treatment programs.

DEFINITION

“School-sponsored extracurricular activity” means, without limitation, all interscholastic athletics, cheerleading, drill team, academic clubs, special interest clubs, musical performances, dramatic productions, student government, and any other activity or group that participates in contests, competitions, or community service projects on behalf of or as a representative of the District.

REQUIRED TESTING

To be eligible to participate in any school-sponsored extracurricular activity, a secondary student (grades 7-12) must agree to participate in a drug-testing program that includes a mandatory test of all participants at the beginning of each school year and random testing during the school year.

USE OF RESULTS

The results of any drug test administered under this policy will be used only to determine eligibility for participation in school-sponsored extracurricular activities.

CONFIDENTIALITY

Results will be kept confidential and disclosed only to the student, his or her parents/guardians, and school officials designated by the Superintendent. Results will not be placed in student records. Students will not be penalized in any other way. Results will not be shared with law enforcement unless compelled by a lawful subpoena. No actions will be taken by the school against the student other than suspension from participating in extracurricular activities, as outlined below.

PROHIBITED CONDUCT

Student participants in school-sponsored extracurricular activities will not at any time during the school year use, possess, sell, distribute, or be under the influence of any illegal drug, anabolic steroid, or alcohol.

PARENT/STUDENT MEETING

A meeting with potential student participants and their parents or guardians will be scheduled in the Spring or at the beginning of the school year for students desiring to participate in the following school year and at the beginning of each semester for students desiring to participate in activities during that semester who did not participate in an earlier session. The drug testing plan will be discussed and copies of the policy, procedures, and the consent form will be provided for each participant at that time.

CONSENT FORM

Student participants must sign a consent form agreeing to participate in the drug-testing program. The consent form must also be signed by the student’s parent or guardian before the beginning of the school year, semester, or specific activity, e.g., casting and production of a dramatic presentation. Consent forms are valid for the current school year only and must be renewed annually in order for the student to continue participating in school-sponsored extracurricular activities. Adult students will sign their own consent forms and parent signatures are not required.

If the student participant or his or her parent or guardian declines to sign the consent form, the student will not be permitted to participate in school-sponsored extracurricular activities.

TESTING PROCEDURE

A licensed medical facility or third party administrator selected by the Superintendent and approved by the Board will conduct all testing for the presence of drugs in student urine samples. The Superintendent is the program manager who will administer the program with the selected drug testing provider.

Substances specifically tested for will include substances that are illegal to buy, possess, use, sell, or distribute under state or federal law and alcohol, including prescription drugs. These substances include marijuana, cocaine, methaqualone, benzodiazepines, phencyclidine (PCP), methadone, barbiturates, propoxyphene, amphetamines, opiates, and metabolites of any of these substances; and performance enhancing substances.

Samples will be taken under conditions that are no more intrusive to students than the conditions experienced in a public restroom. The Superintendent, in cooperation with the selected drug testing provider, will develop administrative regulations for collection and testing.

Any student who refuses to be tested during a semester or who tampers with, or assists others in tampering with, any sample will be removed from extracurricular activities.

INITIAL TESTS

All students desiring to participate in school-sponsored extracurricular activities will be tested at the beginning of the school year. If initial testing is missed, a student will be tested at the next random test session. Testing will occur at a time, place, and date scheduled by the principal in cooperation with the testing agency, and without prior announcement.

RANDOM TESTS

Random tests will be conducted from time to time during the school year or semester. Students will be assigned numbers running consecutively. A record of the numbers and the students to whom they are assigned will be maintained under confidential conditions in the principal’s office.

The testing agency, using random selection methods, will generate a list of numbers for each testing date. Students will not be notified in advance of any drug test. When selected for testing, students will be escorted to the school’s testing site by a school employee and will remain under employee supervision until a sample is provided. If a student is in school and fails to report for testing at the appointed time, he or she will be removed from the activity.

POSITIVE TEST RESULTS

All positive results must be confirmed by a second, more definitive test before being reported as positive. When there is a confirmed positive test result, the following steps will be taken:

1. The Medical Review Officer (“MRO”)affiliated with the testing program will notify the parents and inform them of the opportunity to request a retest of the original specimen to confirm the results, at the parent’s expense. A request to retest must be made in writing to the high school principal within five working days of the initial notification, and payment for the retest must be included with the request.

2. The high school principal to whom results are reported will notify the Superintendent and activity director.

3. The principal will schedule a meeting with the parent or guardian and the student to develop a plan of assistance for the positive testing student.

SANCTIONS

A first positive result will result in the following sanctions

1. the student will be subject to weekly drug testing, at student/parent expense, for five weeks;

2. satisfactory completion of the five-week counseling program is verified. The District will provide a list of approved providers, and the cost of the program is at student/parent expense.

The student will continue to participate in the activity, provided information from the MRO indicates that the testing levels from the weekly tests indicate that there is not current use. If the counseling and drug testing plan is not completed in good faith and in a timely manner, the student triggers sanctions for a second positive result.

A second positive result within two consecutive calendar years will incur the same weekly testing and counseling requirements. Additionally, the student will be ineligible for participation in contests for 21 consecutive calendar days. Practice will be permitted.

A third positive result within two consecutive calendar years will result in ineligible status for contests or practice in all extracurricular activities for two consecutive calendar years.

REINSTATEMENT

At the completion of the two-year suspension, a student may become eligible for extracurricular participation by:

1. participating in weekly drug testing through the District’s testing company for five weeks, at student/parent expense, and

2. attending five weeks of counseling, at student/parent expense, by a District-approved provider.

EFFECT OF DISCIPLINE POLICY

Nothing in this policy limits or prohibits the application of Board policy providing for disciplinary action for students using, under the influence of, in possession of, or distributing illegal drugs or alcohol on school property or at school events.

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