FILE:  JCDACA

Cf:  IDBB, IDFAA

 

STUDENT DRUG TESTING

 

 

The Richland Parish School Board is dedicated to providing a drug-free learning environment for the students attending public schools.  The Board directs that each student shall be specifically prohibited from being under the influence of, bringing on, consuming, or having in his/her possession on a school bus, on school premises, or at a school function away from the school, any alcoholic beverages, intoxicating liquors, narcotic drugs, prescription medications, marijuana, inhalants, imitation or counterfeit controlled substances, or other controlled substance as defined by state statutes, Richland Parish School Board policy JGCD, Administration of Medication, unless dispensed by a licensed physician as allowed by law.  The Superintendent shall be responsible for maintaining appropriate procedures for the detection of alcohol, drugs, or any imitation or other controlled substances.  Any student found in violation of the above shall be suspended and recommended for expulsion by the principal.

 

Any violations of criminal laws, state or federal, committed on school property shall be prosecuted as provided by law.  School officials, teachers, and/or Board employees shall report all violators to the principal, who in turn, shall notify the proper law enforcement agency and shall cooperate with the prosecuting attorney's office in the prosecution of charges.  Any student who possesses, distributes, sells, or dispenses in any manner or form whatsoever a controlled substance as defined by state law to another student or anyone else while on the school premises shall be expelled pursuant to the provisions and guidelines as set forth in state law.

 

The principal shall notify the parents or guardian, by telephone, of any student found in violation of this policy.  If the parents or guardian cannot be reached by telephone, the principal shall notify them of the action by sending a letter within twenty-four (24) hours.  Care shall be given to afford due process to all students.

 

One of the primary objectives of the Richland Parish School Board is to provide a school environment that is safe and drug free.  Many methods are being employed in order to accomplish this goal.  They include a "zero tolerance" for drugs and alcohol, use of mandatory drug education, D.A.R.E., Character Counts!, and other school programs.

 

Substance abuse in the school setting can have a damaging effect, possibly even fatal to students who abuse drugs.  In recent times, an increase in the use of illegal substances by students has caused concern.  These concerns have been expressed by school principals, school boards, law enforcement, and parents.

 

The goal of this policy is not to invade the privacy of the student but rather to discourage the use of drugs.  This would include any controlled substance depending on usage which by its very nature would be counter-productive to the health and safety of the students and their classmates.

 

It is the philosophy of the Richland Parish School Board that the implementation of a student drug policy will:

 

  1. serve as a deterrent to drugs being brought to school
     

  2. help identify students who need drug abuse assistance
     

  3. help reduce or remove drug use from our school system
     

  4. strengthen the parent/school relationship
     

  5. provide a position and course of action for community confidence
     

  6. improve the overall safety of our school campuses

 

DRUG TESTING PROCEDURES

 

  1. Students not included in school athletics or designated extracurricular groups.

 

All students in grades 7-12, with parental consent, may volunteer to be tested by random selection or upon reasonable suspicion.  Consent forms shall be obtained from parents for each student being tested.  Should a parent desire that their child be tested, the child will be included in the randomly selected pool.  Students testing negative on their first test can be retested again according to the random selection process of 5% each year.

 

Students may be chosen based upon a reasonable suspicion for the following reasons:

 

    1. aggressive behavior toward other students or faculty and staff
       

    2. lethargic behavior characteristic of use of certain drugs

 

Parent refusal to allow a student to participate in drug testing will not prevent the enforcing of other discipline policies of Richland Parish School Board.

 

  1. Students involved in school athletics or designated extracurricular groups (DECG).

 

All students who participate in athletics or DECG, including managers, shall be drug tested as a group in a uniform manner at the beginning of the first individual sport or group participation and be subject to testing in the randomly selected pool of 5% each school year.

 

Students who participate in the extracurricular groups, herein referred to as DECG, shall be tested prior to that group's first official performance/contest of the school year.

 

Students may be chosen based upon a reasonable suspicion for the following reasons:

 

    1. aggressive behavior toward other students or faculty and staff
       

    2. lethargic behavior characteristic of use of certain drugs
       

The designated extra-curricular groups (DECG) are as follows:

 

    1. Band-performance groups
       

    2. Choir-performance groups
       

    3. Cheerleaders
       

    4. Dance/Drill Team
       

    5. Athletes
       

    6. JROTC Drill Teams
       

    7. Rifle Teams

 

It is the position of the Richland Parish School Board and its schools that participation in a school DECG is a special privilege and carries an added responsibility of representing the school in a unique way.  Therefore, these tests will be strictly enforced and participation will be mandatory, since the parents/guardians have freely chosen to allow their sons/daughters to participate in the DECG activity.  No student shall be tested unless both the parent(s) and the student sign a form giving permission to have the test performed.  By signing, the parent(s) and the student acknowledge that they have consented to the administration of the test and waive any claim of an invasion of privacy and waive any objection to the necessary action in the furtherance of these safety procedures.  The refusal of a student/parent to allow tests to be administered shall serve as an acknowledgement that the student has voluntarily chosen not to participate in the DECG program for that school year.

 

Parents, by their signature, release the school's DECG departments from any responsibility in connection with the administration of test results, warranties as to the accuracy of said tests, and medical procedures used by the referring laboratory.

 

Students who transfer to a school during the year will be added to the list if they choose to participate in DECG activities.

 

Procedure for students who are non-athletes and non-DECG testing positive as a result of selective testing:

 

"Positive" Tests:

 

    1. If the student's drug test indicates positive results, a second test may be administered as soon as possible to confirm the result.  If the student confirms the results of the first test, a second test need not be administered.  Parents shall be notified of positive test after the second test.  If the second test is negative, no further action will be taken.  If the second test is positive, the following action will be taken:

 

      1. First Offense

 

        1. Notify the parent or guardian
           

        2. Student shall be given a choice from the following options

 

          1. Participating in assistance programs and testing negative on a drug test before being allowed to participate in the school's activity.  The test shall be at the expense of the parent.
             

          2. Student may be suspended from school
             

          3. Attendance at interscholastic contests will be left to the discretion of the principal.  A conference shall be scheduled with the appropriate school personnel, parent, and the student concerning referral recommendations.

 

      1. Second Offense

 

        1. Notify parent or guardian
           

        2. Assignment to detention
           

        3. A conference with the student, parent, and appropriate school personnel.

 

      1. Third and Successive Offense

 

        1. Notify parent or guardian
           

        2. Student is suspended from participating in on campus (activities, educational endeavors, school programs) for the remainder of the calendar year.

 

In order for the student to reenter an on campus school program, he/she must voluntarily submit documentation of a negative drug screen and completion of a drug treatment program.  Furthermore, the student shall continue to be randomly drug tested for the current year and must remain free of drugs.

 

      1. Penalties shall be cumulative beginning with and throughout the student's participation in an athletic/extracurricular activities through his/her junior and senior high school career.

 

If a screening result is questioned, the student may be tested again at the student's expense. The screen must be in line with Richland Parish School Board's designated laboratory specifications and guidelines.  If there is a discrepancy in the two tests, the Richland Parish School System will screen the athlete again.

 

        1. It is imperative to note that these procedures are to be used only for the appearance of non-apparent controlled substances.  Consequently, if a student is apprehended by anyone as a result of being in possession of alcohol and/or illegal controlled substance the regular school discipline policies shall apply.
           

        2. Parents of students who refuse drug testing and students who refuse drug testing will result in the student being disciplined according to Richland Parish School Board policy.

 

Procedure for students participating in athletics/extracurricular testing positive:

 

"Positive" Tests:

 

    1. If the student's drug test is positive, a second test shall be administered as soon as possible to confirm the result.  Parents shall be notified after the second positive test.  If the second test is negative, no further action will be taken. If the second test is positive, the following action will be taken:

 

      1. First Offense

 

        1. Notify parent or guardian
           

        2. Student shall be given the option of:

 

          1. Participating in assistance programs and testing negative on a drug test before being allowed to participate in the school's athletic program.  The test shall be at the expense of the parent.
             

          2. Suspension from participating in athletics or DECG for the next two interscholastic contests or the next two (2) weeks of scheduled games whichever is longer.  The student may continue to practice with the team or group, but attendance at interscholastic contests will be left to the discretion of the coach/sponsor.  A conference shall be scheduled with the appropriate school personnel, parent, and the student concerning referral recommendations.

 

In order for the student to reenter and athletic/DECG, verification of a negative drug screen and written documentation of involvement in drug education counseling is required at a conference with appropriate school personnel, parent, and the student.  If a student tests positive during a period of the school year that his/her sport/DECG is not active, the counseling requirement must still be met.
 

      1. Second Offense

 

        1. Notify parent or guardian
           

        2. Student shall lose eligibility for the next six (6) weeks of scheduled activities in which the student is a participant.  This loss of eligibility includes participating with the team or group.  A conference with the student, parent, and appropriate school personnel will be held.  As stated above, if a student tests positive when he/she is not actively participating in a sport/DECG, the counseling requirement must be met.

 

      1. Third and Successive Offense

 

        1. Notify parent or guardian
           

        2. Student is suspended from participating in athletic/DECG for the remainder of the calendar year.

 

In order of the student to reenter and athletic/DECG, he/she must voluntarily submit documentation of a negative drug screen and completion of a drug treatment program.  Furthermore, the student shall continue to be randomly drug screened for the current year and must remain free of drugs.

 

      1. Penalties shall be cumulative beginning with and throughout the student's participation in an athletic/extracurricular event through his/her junior and senior high school career.

 

If a screening result is questioned, the student may be tested again at the student's expense.  The screen must be consistent with Richland Parish School Board's designated laboratory specifications and guidelines.  If there is a discrepancy in the two tests, the Richland Parish School System will screen the athlete again.

 

        1. It is imperative to note that these procedures are only to be used for the appearance of non-apparent controlled substances.  Consequently, of a student is apprehended by anyone as a result of being in possession of alcohol and/or illegal controlled substances, regular school discipline policies shall apply.
           

        2. The drug screening will become a part of the regular health examination form of Richland Parish School System athletes.

 

A student who refuses to be retested shall be dismissed from all DECG programs.

 

CONFIDENTIALITY

 

The results of the drug test shall be kept strictly confidential with the principal and the coach or sponsor of the DECG.  Parents of students whose tests yield a positive result shall meet immediately with the principal.  The results of a positive drug screen will result in the Principal following the Richland Parish School Board Alcohol and Drug Use Procedure.

 

LAB

 

The drug testing shall be done by the Richland Parish School Board's designated laboratory or other approved method of testing.  The specimens collected will be tested only for the prohibited drugs listed below.  The testing firm shall collect the specimen and verify the chain of custody and reporting results.  (Testing will be done by urine sampling.)  The specimens shall not be tested for any disease or conditions other than drug use.  Those students to be tested, who are not involved in DECG, shall be randomly selected by computer at the laboratory.  Random selection shall be generated by student ID or social security number.

 

The drug test shall screen for the following classes of drugs: 1) Cocaine, 2) Amphetamines, 3) Cannabinoids (marijuana), 4) Alcohol, and 5) Meth.

 

NOTES

 

  1. If a student is/has been taking medication, he/she shall indicate this prior to the administration of the drug test and identify the prescribing physician.
     

  2. The principal of each school shall be required to have a signed consent form on file for every student that will participate in the drug-testing program.
     

  3. The school will have a drug-testing committee for the purpose of implementation of this program.  The committee will be composed of the principal, DECG directors, and the Superintendent.
     

  4. It is imperative to note that these procedures are only to be used for the appearance of non-apparent controlled substances.  Consequently, if a student is apprehended by anyone as a result of being in possession of alcohol and/or a controlled substance, the regular school discipline policies shall apply.

 

IMPLEMENTATION

 

  1. Each school involved shall be required to send home a letter and a parental consent form.
     

  2. It is important that both the parent and the student be informed that drug testing will be forthcoming at the earliest possible date in the school calendar.  It is imperative that consent forms be disseminated and returned as soon as selection process for participation in the DECG is complete.
     

  3. Principals will ensure that the consent forms are returned for their files.  These consent forms need to be kept strictly confidential.  No student is to be tested without a fully signed consent form.
     

  4. The laboratory personnel will come to the school to test students at a date agreed to by the Superintendent and the lab officials.
     

  5. Random student testing shall be 5% representation each year.
     

  6. If the need arises for a meeting, a lab representative can be contacted to speak with parents/students about the drug testing procedure and policy.
     

  7. In the case of a positive drug test, the principal will submit to the coach or DECG sponsor and/or parent a copy of the following information:

 

    1. a letter stating recommended disciplinary action
       

    2. a letter stating the length of suspension from the group

 

  1. The principal shall assure that the procedure is understood and followed if a student tests positive.

 

RANDOM TESTING

 

  1. The principal/designee shall receive an alphabetical list of names of students to be tested one or two days prior to testing.  The list will be generated by the lab test administration committee.
     

  2. The principal/designee will call students to the office and direct them to the designated place for testing.

 

SELECTIVE TESTING

 

  1. Students for selective testing may be recommended by the principal of designee.
     

  2. Prior to selective testing approval must be given by the Superintendent or his/her designee.

 

TESTING SITE

 

  1. The testing site is to be determined by the Child Welfare and Attendance Officer/lab official.
     

  2. The lab official shall place the identifying number on the testing bottle label.
     

  3. The student and school official will review the medication portion of the consent form and update as needed.
     

  4. Students shall be monitored as they enter the rest room, while in the rest room, and as they exit the rest room.
     

  5. Each student shall initial the label after sample has been collected and sealed by the lab official.
     

  6. The lab official shall handle collection, sealing, and initialing in the designated testing area.  A school official shall be in the rest room only to monitor the process.
     

  7. Students shall not be allowed to bring any personal possessions to the test site or into the rest room.
     

  8. Students will be given a prepared note to return to class.  The time shall be designated on the note.

 

Approved July 11, 2006

 

 

Ref:    La. Rev. Stat. Ann. ยงยง17:81, 40:961, 49:1111

Veronia School District 47J vs. Action, 115 S.Ct. 2386 (1995)

Official Handbook, Louisiana High School Athletic Association

Board minutes, 9-7-99, 12-7-04, 4-19-05, 7-11-06

 

Richland Parish School Board