Random Student Drug Testing Policy - FILE JCDACA

FILE: JCDACA

Random Student Drug Testing Policy

(for Simulated Workplace, Athletics, Extra Curricular Activities and Student Drivers)

I.                   General

• 1. The Clay County Board of Education believes accountability is a powerful tool to help students avoid using drugs and that early detection and intervention can save lives.  It is the responsibility and commitment of the Clay County Board of Education, administration and staff to safeguard the health, character, citizenship and personal development of all students.  

  2. Participation in athletics, extra-curricular activities and driving on campus are student privileges, not rights.  Students who voluntarily participate in these activities have a responsibility to be drug-free. 

  3. Students participating in Simulated Workplace courses need to be adequately prepared for employer expectations that include worker safety in a drug-free environment. 

  4. The sanctions imposed under this policy for testing positive for drugs are non-punitive in nature and do not result in school detention, suspensions, or expulsions.   In addition, the permanent school records of the students do not reflect any information regarding a positive test.  Test results are never released to colleges or potential employers, and are not used by school officials to initiate legal action against a student. 

  5. The sanctions imposed for testing positive for drugs will limit the participating student’s privileges to participate in athletics, extra-curricular activities, and/or to drive on school property as described herein.

II.                Purposes

The purposes of this policy are as follow:

A.    To educate students of the serious physical, mental and emotional harm caused by illegal drug use, including performance-enhancing drugs;

B.     To alert students with possible substance abuse problems and their parent/custodial guardian of the potential harms that drug use poses for their physical, mental and emotional well-being and offer them the privileges as described above as an incentive to stop using illegal substances. 

C.     To ensure that students adhere to a program that bars the intake of illegal and performance-enhancing drugs. 

D.    To prevent injury, illness and harm to students that may arise as a result of illegal and performance-enhancing drug use.

E.     To reduce the effects of negative peer pressure by providing an additional, legitimate reason for students to refuse illegal and performance-enhancing drugs. 

F.      To provide simulated workplace experience for students preparing to enter the workforce

G.    To prepare students to successfully enter the workforce as drug-free employees     

H.    To offer students practices, competition and school activities free of the effects of illegal and performance-enhancing drug use.

I.       To maintain a safe school environment for all students, staff and visitors.

J.       To assure the safe operation of student-driven vehicles on campus.

III.             Definitions:

• 1.  Activity Student: a member of any middle or high school-sponsored, extra-curricular activity, including but not limited to, academic teams, school-sponsored clubs and athletics

  2. Drug Use Test: a scientifically substantiated method to test for the presence of illegal or performance-enhancing drugs or the metabolites thereof in a person’s saliva 

  3. Extra-curricular activity: an organized student activity that does not fall within the scope of a regular curriculum; is officially or semiofficially approved; and carries no academic credit

  4. Illegal Drugs: any substance that an individual may not sell, possess, use, distribute or purchase under either federal or West Virginia law. Illegal drugs include, but are not limited to, all scheduled drugs as defined by the West Virginia Uniform Controlled Substances Act, all prescription drugs obtained without authorization, all prescribed and over-the-counter drugs being used for an abusive purpose, and alcohol 

  5. Medical Review Officer: a licensed physician trained and certified in the process and interpretation of drug testing results 

  6. Monitor: an employee of the drug testing company responsible for obtaining the specimen

  7. Opt-In Participant: any student in grades 6-12, who is not an activity student or a student driver, whose parent/custodial guardian elects to include the student in the random selection for testing

  8. Participating Student: any student included in the random testing pool.

  9. Performance-Enhancing Drugs: anabolic steroids and any other natural or synthetic substance used to increase muscle mass, strength, endurance, speed or other athletic ability.  Performance-enhancing drugs do not include dietary or nutritional supplements such as vitamins, minerals and proteins that can be lawfully purchased in over-the-counter transactions 

  10. Positive Result: a toxicological test result that demonstrates the presence of an illegal or performance-enhancing drug or the metabolites thereof using the standards customarily established by the testing laboratory administering the drug use test 

  11. Random Selection Basis: a mechanism for selecting participating students for drug testing that results in an equal probability that any participating student from the total pool will be selected and prevents school district discretion to waive the selection of any participating student 

  12. Season: any time that the student is meeting, practicing, scrimmaging or competing in the sport or extra-curricular activity

  13. Simulated Workplace:  A West Virginia Department of Education Career Technical Program introducing students to various authentic business processes in order to better prepare students to enter the workforce.  Simulated Workplace may be integrated into various high school courses.

  14. Student Driver: a student who is permitted to drive to and from school and is issued parking privileges on the school campus.

  15. Superintendent’s Designee: the Coordinator for Drug Prevention and Education or Principal shall serve as the superintendent’s designee for implementation of this policy.  In the event that the Coordinator is unavailable, the Assistant Superintendent for Pupil Services shall serve as the designee.

IV.             Procedures

• 1. Distribution of Policy:  Each student in grades 6-12 and his/her parent/custodial guardian shall receive a copy of the Random Student Drug Testing Policy.  The principal, simulated workplace instructor, head coach or sponsor shall be responsible for explaining the policy to all prospective participants and conducting an educational presentation to acquaint students with the harmful consequences of drug and alcohol use and abuse.

  2. Orientation Session:  Prior to the commencement of drug testing, an orientation session will be held with all simulated workplace students, activity students, student drivers and opt-in participants to educate them about the sample collection process, privacy arrangements, drug testing procedures and other concerns that may help to reassure the students and help avoid embarrassment or uncomfortable feelings about the drug testing process.

  3. Consent Form:  

     1. At the beginning of each school year or activity season, each participating student shall be provided a copy of the Student Drug Testing Consent Form which shall be read, signed and dated by the student, parent or custodial guardian and the applicable administrator/instructor/coach/sponsor.  

     2. The consent form must be signed before an activity student is eligible to practice or participate in any extra-curricular activities and before issuance of a parking pass to a student driver, and before participation in Simulated Workplace Course Activities.

     3. The consent form requires the activity student, Simulated Workplace student, student driver, and opt-in participant to provide a saliva sample when the activity student, student driver, or opt-in participant is selected by the random selection process.  

     4. A student athlete whose season is over may be removed from the drug testing program by signed parental/custodial guardian consent delivered to the superintendent’s designee, but the student shall be ineligible for extra-curricular activities for the remainder of the school year. 

• 1. Random Sample:  Drug use testing will be done on a random selection basis from a list of all participating students.  The Clay County Schools’ administration will determine the number of students who will participate in the random testing at any given time and the frequency of the testing. 

• 1. Professional Laboratory:  All drug tests will be administered by or at the direction of a professional laboratory chosen by the Clay County Schools’ administration.  The professional laboratory shall be required to use scientifically validated toxicological testing methods, have detailed, written specifications to assure chain of custody of the specimens, and proper laboratory control and scientific testing.  The drug testing service shall provide all collection materials used in the drug testing process. 

• 1. Privacy:  All aspects of the drug testing program, including the taking of specimens, will be conducted so as to safeguard the personal and privacy rights of the student to the maximum degree possible.

• 1. Obtaining Samples:  

     1. The test specimen shall be obtained in a manner designed to minimize intrusiveness of the procedure.  In particular, the specimen must be collected in a room behind a closed door.  

     2. The drug testing service shall provide an employee to collect the sample(s) subject to drug testing.  This individual will also monitor the collection of the sample(s).

     3. Any participating student selected randomly for drug testing, who is not in school on the day of testing, will be tested at the next available testing time.

• 1. List of Medications Taken

Participating students and/or their parents/custodial guardian will be provided the opportunity to inform the testing company of any medications legally prescribed for the student that s/he has taken in the preceding thirty (30) days.  The medications listed will remain confidential and not be viewed by district employees.

1. CONFIDENTIALITY

   1. 1. Notification by Drug Testing Service.  The Medical Review Officer (MRO) shall notify the superintendent’s designee, in writing, of any positive test result.

      2. Notification to Student and Parent/Custodial Guardian:  To keep the positive test results confidential, the superintendent’s designee shall provide written notification only to the individuals identified in the “Consequences” section of this policy.  The Clay County Schools’ administration will rely on the opinion of the drug testing service that performed the test in determining if the positive test result was produced by something other than consumption of an illegal or performance-enhancing drug. 

      3. Record of Test Results: Test results will be kept in files maintained by the Coordinator for Drug Prevention and Education or Principal; shall be disclosed only to those school personnel who have a need to know; and will not be turned over to any law enforcement authority unless the law enforcement authority presents a valid court subpoena, search warrant, or signed consent form from the parent/custodial guardian or student, if of age to do so. Records of positive test results maintained by the superintendent’s designee shall be destroyed upon the student’s graduation from high school.

V.                APPEAL PROCESS

The parent/custodial guardian of a participating student or the participating student, if of age, who has been identified as having a positive test result, shall have the right to appeal the decision to the superintendent. The appeal must be submitted to the superintendent, in writing, within five (5) working days of notice of the positive test results. The superintendent shall determine if the original finding was justified. Any necessary interpretation or application of this policy shall be in the sole and exclusive judgment and discretion of the superintendent and shall be final and non-appealable.

VI.             CONSEQUENCES

A.                Restrictions on Participating Students. Any participating student who tests positive in a drug test under this policy shall be subject to the following restrictions. The restrictions shall be cumulative in grades 6-8 and again in grades 9-12: 

a.        

                                                              i.      For the first positive test result:  The superintendent’s designee will be notified immediately of the student’s positive result by the Medical Review Officer.  The superintendent’s designee will inform the parent/custodial guardian and the student.  A meeting will then be conducted with the student, parent/custodial guardian, and superintendent’s designee to discuss the results and options.  The superintendent’s designee will provide documentation that the meeting occurred. In order for the student to continue participation in the activity, he/she must voluntarily submit to a second drug test to be administered within two (2) weeks of the meeting and in accordance with the testing provisions of this policy. If deemed necessary, a urine test may be recommended.  

                                                            ii.      If an activity student continues to participate in the drug testing program after his/her activity is over and has a positive test result during the “off-season” of his/her activity, s/he will be afforded the same option established above before s/he can participate in another activity. If the parent/custodial guardian and/or student do not agree to these provisions, the consequences listed below for the second positive test result will be imposed.   

                                                          iii.      For the second positive test result. The superintendent’s designee will be notified immediately of the student’s positive result by the MRO. The superintendent’s designee will notify the principal, parent/custodial guardian and the student. The following consequence(s) shall be assigned to the student: a consecutive fourteen-day suspension of driving privileges on school property, suspension of Simulated Workplace students from use of power tools, and suspension of participation in all extra-curricular activities, including meetings, practices, scrimmages and competitions, covered under this policy. In addition, the student must complete two (2)hours of county-provided substance abuse education/counseling before reinstatement to the extra-curricular activity or of driving privileges on school property, or use of power tools in Simulated Workplace.  The student will be tested monthly for the remainder of the school year.  If deemed necessary, a urine test may be recommended. The time and date will be unknown to the student and parent/custodial guardian and shall be scheduled by the superintendent’s designee. These restrictions and requirements shall begin immediately and shall remain in effect throughout the appeal process, if such appeal occurs.  If the parent/custodial guardian and/or student do not agree to these provisions, the consequences listed below for the third positive drug test will be imposed. Nothing in this policy prohibits a coach or sponsor from expelling the student from the extracurricular activity after the second positive test result under the provisions of the approved handbook or contract for the extra-curricular activity in which the student is participating. 

                                                          iv.      For the third and each subsequent, positive test result. The superintendent’s designee will be notified immediately of the student’s positive result by the MRO. Suspension of driving privileges on school property and participation in all extra-curricular activities including meetings, practices, performances and competitions for one (1) calendar year from the date of the third or subsequent positive test result will be imposed.  Simulated Workplace students will continue to be tested monthly and may not operate power tools until a negative test is produced.  If the parent/custodial guardian and/or student do not agree to these provisions, the student will be rescheduled out of Simulated Workplace for the remainder of the school year.      

b.      Restrictions for Opt-In Participants. The parent/ guardian and student and superintendent’s designee will be contacted immediately of the student’s positive test by the Medical Review Officer. The superintendent’s designee will notify the parent/custodial guardian and student, and a private conference with the Clay County Schools Coordinator of Drug Prevention and Education or Principal will be scheduled to discuss the results and options for treatment. 

c.       Self Referral: An activity student, student driver or opt-in participant may, on his/her own volition, inform (self-refer) the superintendent’s designee, principal or coach/sponsor of usage before being submitted to a drug test. However, such student will be considered as having a positive test result under the policy and will be subjected to the appropriate consequences identified in this policy. 

d.      Student Code of Conduct Violation. When school district employees are made aware of drug use by an activity student, student driver, or opt-in-participant, solely as a result of drug testing under this policy, that participating student shall NOT be disciplined under the Student Code of Conduct Policy.  However, any student, who violates the Student Code of Conduct Policy and West Virginia law by the possession, sale, distribution or use of illegal drugs while on school grounds or is under the influence of illegal drugs on school grounds, shall be subject to disciplinary action as outlined in the Student Code of Conduct Policy, up to and including expulsion. If reasonable suspicion testing, not covered under this policy, reveals that a student possessed, sold, distributed or used or was under the influence of illegal drugs on school property, the student will be subject to disciplinary action under the Student Code of Conduct Policy. 

e.       Refusal to Submit to Drug Use Test.  A participating student who refuses to submit to a drug test at any juncture authorized under this policy shall not be eligible to participate in any activity covered under this policy including all meetings, practices, performances and competitions, drive on school property or be considered for any activity honors or awards given by the school until s/he agrees to abide by the provisions of this policy.  A Simulated Workplace student who refuses to submit to a drug test will be not be permitted to remain in Simulated Workplace and  will be rescheduled out of Simulated Workplace for the remainder of the school year.       

VII.          ADVISORY COUNCIL

The superintendent shall appoint an advisory council to review the local data and make recommendations to the county Board of Education regarding policy effectiveness.  This advisory council shall include, but not be limited to, a school counselor from the high school, middle school and elementary school levels and the Clay County Schools’ Coordinator of Drug Prevention and Education or the School Principal(s).

Adopted:  September 15, 2014

Clay County Board of Education