STUDENT RANDOM DRUG TESTING by wpx76163

VIEWS: 5 PAGES: 11

									                              CHAPTER 5.00 - STUDENTS



 STUDENT RANDOM DRUG TESTING                                                          5.17

Statement of Need and Purpose

        The Columbia County School District recognizes the use of alcohol, tobacco and illegal
drugs by students is not only increasing but also beginning at a younger age. According to the
Florida Youth Substance Abuse Survey given to Columbia County secondary students in 2000 the
mean age of first marijuana use was 12.9 for high school students and 11.9 for middle school
students. Students using illegal drugs pose a threat to their own health and safety, as well as, to
that of other students. A program of prevention is hereby instituted as a proactive approach to
becoming a truly drug free school district. The policy is designed to create a safe, orderly, healthy
and drug free environment for students and to assist them in getting help when needed.

Definitions:

       Alcohol                Any substance containing any form of alcohol including, but not
                              limited to, ethanol, methanol, propanol, and isopropanol.

       Tobacco                Items such as cigars, cigarettes, snuff, loose tobacco, or similar
                              goods made with any part of the tobacco plant, which are prepared or
                              used for smoking, chewing, dipping, sniffing, or other use. This
                              shall be in compliance with section 569.11, Florida Statutes.

       Drugs                  Any substance classified as such under Federal Statute 21 U.S.C.
                              Sec. 812, Schedules I-V of Title 21 C.F.R. Part 1308, or Section
                              893.03, Schedules I-V, Florida Statutes.

       Participant            Any student enrolled in the Columbia County School System or
                              enrolled in home schooling in grades 6 through 12, voluntarily
                              participating in any school extracurricular activity.

       Extracurricular        Activity in which a student voluntarily participates in athletics,
       Activity               cheerleading, dance, band, chorus, club or any other school
                              organization.

       Student driver         Any student enrolled in the Columbia County School System who
                              has been issued a required school-parking permit.




CCSB                             Page 1 of 9                                 COLUMBIA 5.17


                                                                                                   1
       Calendar Year          July 1st to June 30th

       Vendor                 The medical office or company certified by the Substance Abuse and
                              Mental Health Services Administration (SAMHSA) to carry out the
                              tests set forth herein and selected by the Columbia County School
                              Board.

       Medical Review         A licensed physician trained and certified in the drug testing process
       Officer (MRO)          and in the interpretation of drug testing results.

       Sample                 Urine, Breath, or Saliva Specimen

       Mission Statement

       In keeping with the mission of the Columbia County School District, “to create a safe,
       orderly learning environment,” the role of the drug abuse prevention policy and programs
       is to build partnerships among faculty, administrators, coaches, students and
       parents/guardians/custodians and to reduce illegal substance abuse related to academics,
       athletics, clubs, organizations and personal development. The purposes of this policy are to
       prevent drug, alcohol and tobacco usage; to educate students as to the serious physical,
       mental and emotional harm caused by drug, alcohol and tobacco abuse; to prevent injury,
       illness and harm as a result of drug, tobacco and alcohol abuse; and to maintain an
       environment free of drugs, alcohol and tobacco.

       In this context, our mission is to anticipate, plan for and respond to the needs of a diverse
       and changing student body by providing services that:

       •   Create supportive environments in which students are empowered to make responsible
           and healthy lifestyle choices

       •   Deter the effects of peer pressure by providing a legitimate reason for students to refuse
           to use illegal drugs, tobacco and alcohol

       •   Promote non-abusive behavior

       •   Communicate to students the realities, misperceptions and secondary effects of drug
           abuse

       •   Employ strategies that will improve the school environment as well as individual
           attitudes toward responsible behavior

       •   Provide policies which emphasize that the use of illegal substances will not be tolerated




CCSB                                 Page 2 of 9                               COLUMBIA 5.17


                                                                                                   2
•    Provide educational anti-substance abuse prevention and intervention programs

•    Encourage students who use drugs, alcohol and tobacco to participate in treatment
     programs

•    Are not strictly disciplinary in nature, but are intended as a medical diagnostic tool to
     disclose possible drug related problems

•    Are academically non-punitive

I.      General Procedures

        Parents/guardians/custodians, students and school officials will be informed of the
        policies and procedures involved in the random drug-testing program at the
        beginning of each calendar year. A copy of this policy will be provided to each
        student.

        All students in extracurricular activities and student drivers must attend at least one
        educational anti-substance abuse program during the calendar year. Students will
        receive instruction in the dangers of drug, alcohol and tobacco use as part of this
        program. The elimination of drug, alcohol and tobacco use shall be a goal of this
        program.

        Section 1: Consent In order to participate in extracurricular activities or to obtain
        a student parking permit, each student shall sign and return a consent form
        permitting the school to conduct drug testing. The consent form must be signed by
        the student and by a parent/guardian/custodian and notarized each calendar year.
        The form must be returned to the school prior to the student’s participation in any
        extracurricular activity or before a student parking permit is issued.

        Section 2: Student Selection At the discretion of the principal or designee,
        students participating in extracurricular activities and student drivers may be
        randomly tested at any time during the calendar year. Selection for random testing
        will be by lottery drawing from a list of participating students and student drivers.

        The principal and vendor shall take all reasonable steps to assure the integrity,
        confidentiality, and random nature of the selection process including, but not
        necessarily limited to, assuring that the names of participating students are in the
        pool; that the person drawing names has no way of knowingly choosing or failing to
        choose particular students for testing; that the identity of students drawn for testing
        is not known to those involved in the selection process; and that the selection
        process is directly observed by at least two adults.



CCSB                                 Page 3 of 9                           COLUMBIA 5.17


                                                                                             3
             Students who have been chosen randomly to be tested have the right within twenty-
             four (24) hours of the random drug test to furnish the principal a list of prescription
             and/or over-the-counter medications the student may have taken prior to being
             tested.

       II.   Procedures for Sample Collection and Test Results

             a) Samples will be collected at a mutually convenient time established by the
                vendor and the principal/designee. Students providing samples will be given as
                much privacy as possible while providing the samples.

             b) A portion of the sample shall be used for the initial test. If the initial test
                renders a negative test result then no further analysis will be conducted. If the
                initial test renders a positive result, then a report without the student’s name and
                bearing only a number with which to identify the student will be sent to the
                MRO.

             c) The MRO will receive each report of a positive result and will be supplied with
                information to determine the correct name of the student whose identifying
                number appears on each positive test result report. Prior to verifying a positive
                drug test result, the MRO shall attempt to contact the student whose name
                coincides with the identifying number on the positive drug test report and
                his/her parent/guardian/custodian to afford them the opportunity to
                confidentially discuss the test result with the MRO and to provide the MRO
                with the student’s medical history and any other relevant biomedical
                information including the use of any prescription or non-prescription medication
                that would assist the MRO in determining whether the MRO should verify the
                test result as positive. If the MRO determines that the test result should be
                deemed negative, then no further action shall be taken and the student’s test
                result along with all other previous test results will be reported to the principal
                or his/her designee as a negative result. If the MRO confirms a positive test
                result as reported by the vendor, the MRO shall submit that positive drug test
                result to the principal or his/her designee.

             d) Test results are retained by the principal, secured in a locked file and maintained
                separately from students’ regular school files. Test results shall be transferable
                among campuses within the Columbia County School District. Files of students
                in grades nine through twelve are to be destroyed upon students’ graduation or
                if no longer a student, upon the students’ projected graduation. Files for
                students in grades six through eight will be destroyed upon the completion of
                the eighth grade.




CCSB                                Page 4 of 9                            COLUMBIA 5.17


                                                                                                  4
III.   Positive Test Conference

       The principal shall schedule a conference with the student and his/her
       parent/guardian/custodian and other appropriate school personnel as deemed
       necessary to discuss any positive test results and the consequences. This shall
       be referred to as the “positive test conference.”

       The parent/guardian/custodian has five (5) days from the positive test conference to
       request in writing to the principal that the remainder of the sample be tested. This
       test will be at parent/guardian/custodian expense. If the second analysis renders a
       negative result, then no further action will be taken and all records pertaining to a
       positive result will be expunged.

       If the parent/guardian/custodian does not request the second test or if the second test
       is positive, then the Procedures in the Event of Positive Result shall be
       implemented.

IV.    Procedures in the Event of Positive Result

       Whenever the MRO confirms and reports a positive test result and there is no
       negative second test result, the following shall occur:

       Section 1:     First Positive Result

       a)     The student shall be ineligible to participate in all extracurricular activities
              and driving privileges for one year from the date of the positive test
              conference.
       b)     Or, in lieu of the above, the student and his/her parent/guardian/custodian
              must complete all of the following:

              1.      The student shall receive a 10-day minimum suspension from all
                      extracurricular activities and driving privileges.
              2.      Within five (5) working days after the positive test conference the
                      student must enroll in a substance abuse counseling/program that is
                      licensed by the State of Florida. Counseling/Program may be
                      provided by a substance abuse professional, a licensed clinical social
                      worker, a licensed marriage and family therapist, a licensed
                      psychologist or a licensed mental health counselor. Failure to enroll
                      in or complete the aforementioned counseling/program shall result in
                      a suspension from all extracurricular activities and driving privileges
                      for one year.
              3.      The student must attend a minimum of six (6) sessions which must
                      be completed within six weeks from the date of the positive test
                      conference.



                                                                                            5
CCSB   Page 5 of 9   COLUMBIA 5.17




                                 6
              4.     Upon proof of enrollment in an approved substance abuse
                     counseling/program and completion of the 10-day suspension, the
                     student may submit to another drug test. If the student has a
                     negative test result, the student may resume participation in
                     extracurricular activities and campus driving privileges.
              5.     In the event the test is positive, the student moves to the second
                     positive result level.
              6.     The substance abuse program and drug tests shall be at the expense
                     of the student or his/her parent/guardian/custodian.
              7.     Notwithstanding the foregoing, if the participating student is
                     involved in an extracurricular activity which engages in practice
                     sessions, the student may participate in practice sessions
                     immediately upon (a) proof of enrollment in an approved substance
                     abuse program and (b) proof of a current negative drug test. Practice
                     sessions do not include intermural or intramural competitions. Upon
                     completion of the ten-day suspension, such students may participate
                     in intermural or intramural competitions.

       Section 2:    Second Positive Result

       a)     The student shall be ineligible to participate in all extracurricular activities
              and driving privileges for one year from the date of the positive test
              conference.

       b)     Or, in lieu of the above, the student and his/her parent/guardian/custodian
              must complete all of the following:
              l.      The student shall receive a 30-day minimum suspension from all
                      extracurricular activities and driving privileges.
              2.      Within five (5) working days after the positive test conference, the
                      student must enroll in a substance abuse counseling/program that is
                      licensed by the State of Florida. Counseling/program may be
                      provided by a substance abuse professional, a licensed clinical social
                      worker, a licensed marriage and family therapist, a licensed
                      psychologist or a licensed mental health counselor. Failure to enroll
                      or complete the aforementioned counseling/program shall result in a
                      suspension from all extracurricular activities and driving privileges
                      for one year.
              3.      The student must attend a minimum of twelve (12) sessions which
                      must be completed within twelve weeks from the date of the positive
                      test conference and consent to a drug test every 90 days for a period
                      of one year.



CCSB                           Page 6 of 9                               COLUMBIA 5.17



                                                                                            7
              4.     Upon proof of enrollment in an approved substance abuse
                     counseling/program and completion of the 30-day suspension, the
                     student may submit to another drug test. If the student has a
                     negative test result, the student may resume participation in
                     extracurricular activities and campus driving privileges.
              5.     In the event any test is positive the student moves to the third
                     positive result level.
              6.     The substance abuse program and drug tests shall be at the expense
                     of the student or his/her parent/guardian/custodian.

       Section 3:    Third Positive Result

       a)     The student shall be ineligible to participate in all extracurricular activities
              and driving privileges for one year starting from the date of the positive test
              conference.
       b)     Or, in lieu of the above, the student and his/her parent/guardian/custodian
              must complete all of the following:
              1.      The student shall receive a 60-day minimum suspension from all
                      extracurricular activities and driving privileges.
              2.      Within five (5) working days after the positive test conference, the
                      student must enroll in a substance abuse counseling/program that is
                      licensed by the State of Florida. Counseling/program may be
                      provided by a substance abuse professional, a licensed clinical social
                      worker, a licensed marriage and family therapist, a licensed
                      psychologist or a licensed mental health counselor. Failure to enroll
                      in or complete the aforementioned counseling/program shall result in
                      a suspension from all extracurricular activities and driving
                      privileges.
              3.      The student must attend a minimum of twenty-four (24) sessions
                      which must be completed within twenty-four weeks from the date of
                      the positive test conference and consent to a drug test every 60 days
                      for a period of one year.
              4.      Upon proof of enrollment in an approved substance abuse
                      counseling/program and completion of the 60-day suspension, the
                      student may submit to another drug test. If the student has a
                      negative test result, the student may resume participation in
                      extracurricular activities and campus driving privileges.
              5.      In the event any test is positive the student moves to the fourth
                      positive result level.
              6.      The substance abuse program and drug test shall be at the expense of
                      the student or his/her parent/guardian/custodian.




CCSB                        Page 7 of 9                             COLUMBIA 5.17


                                                                                            8
              Section 4.      Fourth Positive Result

                      The student shall be permanently suspended from all extracurricular
                      activities and driving privileges for the duration of middle or high school
                      years wherever the infraction occurred.

       V.     Refusal to Submit to Random Testing

       If a student participating in extracurricular activities and driving privileges who has signed
       the consent form and whose name was randomly selected for testing refuses to be tested for
       alcohol, tobacco or drugs the following shall occur:

              a) The principal or his/her designee must immediately contact the student’s
                 parent/guardian/custodian and advise them of the refusal of the student to take
                 the test. If the parent/guardian/custodian also refuses for the student to be tested
                 or the student continues to refuse to be tested, then the student shall
                 immediately be suspended from all extracurricular activities and driving
                 privileges for one year from the date of the refusal.
              b) After at least thirty (30) days of suspension the student may choose to be drug
                 tested. Upon receiving a negative result the student may participate in
                 extracurricular activities or driving privileges. The vendor used for testing must
                 be certified by the Substance Abuse and Mental Health Services Administration
                 (SAMHSA). The test results must be submitted in writing directly from the
                 vendor to the principal or his/her designee. The test will be done at the expense
                 of the student or his/her parent/guardian/custodian.
              c) At the end of the one year suspension the student will be required to submit to a
                 drug test and render a negative result in order to participate in any
                 extracurricular activities or driving privileges. The test will be done at the
                 expense of the student or his/her parent/guardian/custodian.
              d) A second refusal shall be treated as a third positive result set forth above.

       VI.    Non-Punitive

              No student shall be penalized academically for testing positive for alcohol, tobacco
              or drugs. The results of the drug tests pursuant to this policy will not be
              documented in any student’s academic records. Information regarding the results
              will not be disclosed to criminal or juvenile authorities absent legal compulsion by a
              valid and binding subpoena or other legal process, which the school shall not solicit.
              In the event of service of any such subpoena or legal process, the student and
              his/her parent/guardian/custodian will be notified at least 72 hours before response
              is made by the school.




CCSB                             Page 8 of 9                                COLUMBIA 5.17



                                                                                                   9
       VII.   Policy Provisions

              Provisions of this policy are severable. If any part hereof is stricken by a court of
              competent jurisdiction the remaining parts shall remain enforceable.


       STATUTORY AUTHORITY:                                                        1001.41, F.S.

       LAWS IMPLEMENTED:                                          569.11; 893.03; 1001.41, F.S.

       HISTORY:                                                   ADOPTED:              10/08/02
                                                                  EFFECTIVE:             7/01/03




CCSB                                  Page 9 of 9                             COLUMBIA 5.17



                                                                                                10
11

								
To top