Fayette County Board of Education LEA Plan for Student Drug TestingPolicyThe Fayette County Board of Education values student participation in extracurricular activities (EC A) for the opportunities it gives students to exhibit their talents and scholastic abilities as well as to develop leadership skills. Because students who participate in ECA are role models for other students, they are a key to reaching our goal of providing the best possible education program for all students. To achieve this goal and to maximize the skills and talents of our students, a drug-free learning environment is crucial. Student athletes, cheerleaders, and all extracurricular (defined as anything that is not regular classroom) participants in grades 7-12 shall be subject to random drug testing as well as any student who chooses to drive on school campus. Failure to comply with this policy will result in the student's loss of the privilege to participate in ECA. The Board reserves the right to depart from this policy where it deems appropriate. The guidelines contained within this document may be changed by the Board at any time, except where specifically prohibited by law. Students covered by this policy will be informed of changes. (See LEA Plan for Drug Testing Procedures).POLICY OBJECTIVES:1. To create and maintain a safe, drug-free environment for all ECA students.2. To encourage any ECA student with a dependence on, or addiction to drugs to seek help in overcoming the problem.3. To reduce the likelihood of incidents of accidental personal injury and/or damage to students or property.4. To minimize the likelihood that school property will be used for illicit drug activities.5. To protect the reputation of the school system and its students.Substance abuse can be a serious threat to the school system, its students, visitors and employees. It is the belief of the Board that the benefits derived from the policy objectives outweigh the potential inconvenience to students. The Board earnestly solicits the understanding and cooperation of all school staff, students and parents, especially those participating in ECA, in implementing this policy.The Board requires that all students report to school, extracurricular activities and competitive events without any mind altering substances in their systems. Outside conduct of a substance abuse-related nature which affects a student's athletic, academic, or other extra-curricular performance reflects badly on the school is prohibited and will be addressed administratively.ECA students must inform their coach/assistant coach/designated school representative when they are legitimately taking medication which may affect their ability to practice or compete or participate in other
extracurricular activity, in order to avoid creating safety problems and violating this Drug Testing Policy.
To better assure these expectations, the Fayette County Board of Education reserves the right to require all EC A (Extra Curricular Activity) students to submit to drug tests to maintain safety and security of our schools. The Board encourages and may require its employees to be trained in drug usage recognition skills.
Pursuant to Board policy and regulations, all students, grades 7-12, male or female, who participate in any school sponsored extracurricular activity or is provided the privilege of operating a private motor vehicle on School property for the purpose of parking may be tested prior to beginning of the activity of their choice or during the season of the activity on a random basis without advance notice. When Board officials (employees) have reasonable suspicion to believe a student has violated its Drug Policy, they may require the student to undergo drug testing.
Violation of these rules, including testing positive, will subject the ECA student to discipline, including suspension from student athletic or other extracurricular activities and/or forfeiture of parking privileges. Refusal to cooperate with the School in any test investigation will result in discipline including immediate suspension from participating in extracurricular activities.
A student who has tested positive for drugs and who had the positive test result confirmed by the Board's Medical Review Officer (MRO) will be subject to discipline including suspension from student activities. Refusal to cooperate with the Board in any test investigation will result in discipline up to and including immediate suspension from participating in student activities and driving on campus for one (1) calendar year.
No ECA student testing positive, refusing to cooperate with testing or being in violation of this policy will be penalized academically. Information, including testing positive, will not be released to criminal or juvenile authorities unless under compulsion by valid state or federal laws. All information, interviews, reports, statements, memoranda and test results, either written or otherwise, received by the Board through its drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceedings except in the following:
a) As directed by the specific, written consent of the parent/guardian and/or student authorizing release of the information to an identified person.
b) To a covered student decision-maker in a lawsuit, grievance or other proceeding initiated by or on behalf of the student.
Any questions should be directed to the persons assigned as the Board's Drug Program Coordinators). Note
of Clarification: This policy in no way circumvents nor may be used in place of Board Policy and School Rules pertaining to the use, distribution, manufacturing of drugs at/or away from school, School Board property or at school sponsored events.
If a student is in violation of such policies and rules, disciplinary consequences will be through normal school channels associated with said policies and rules. The consequences under the "Drug Testing Policy" become secondary.
Fayette County Board of Education Drug Screening Procedures Prohibitions
All students are prohibited from using, possessing, distributing, manufacturing, or having controlled substances, improperly used medications or any mind/mood altering intoxicating substances present in their system.
After School Hours Conduct
After school hours use of drugs or any other prohibited substances is illegal. ECA students should realize that these regulations prohibit all illicit drug use during and away from school activities.
The Board prohibits the misuse of prescribed or over-the-counter medications and requires all students using prescribed drugs or over-the-counter medications to notify their coach/director if these drugs may affect their performance (i.e., causing drowsiness, etc.)
A. All Current Students
1. Random Testing
The Board will conduct random unannounced screening of students through a certified provider. The drug-testing agency will provide computerized random sample lists to the local Drug Program Supervisor upon arrival. The list of students in the random pool will be updated periodically by the school. Students will be required to report to the Board designated collection site for testing as soon as possible. A urine sample will be collected privately via a certified employee. The sample will be sealed and delivered to a certified lab where the MRO (Medical Review Officer) will conduct the test and review the results.
2. Return to Participation Testing
All students who undergo a counseling or rehabilitation program or who are suspended for abuse of substances covered under this policy will be subject to unannounced testing for a twelve-month period. B. Test Procedures
1. General Guidelines
The School Board and its lab shall rely, when practical, on the guidance of the federal Department of Transportation, Procedures for Transportation Workplace Drug Testing Programs, 49 C.F.R. Parts 40.1 through 40.39, and on the further guidance of the Omnibus Transportation Employee Testing Act provided in 49 C.F.R. Parts 382, 391,392 and 395.
2. Substances Tested For
Students may be randomly tested for: amphetamines, cannabinoids, cocaine and opiates and other substances, such as but not limited to steroids, barbiturates and benzodiazepines without advance notice as part of tests performed by the School Board for safety purposes. Such tests will be coordinated with the Drug Testing Program Coordinator.
3. Testing Procedure
The Board reserves the right to utilize blood, hair, or urinalysis testing procedures. Urinalysis will be utilized in random testing. All initial positive urine specimens will be confirmed by gas chromatography/mass spectrometry (GC/MS).
C. Collection Sites
The School Board will designate local collection sites at each school where individuals may provide specimens.
D. Collection Procedures
The Fayette County Board of Education and the laboratory have developed and will maintain a documented procedure for collecting, shipping and accessing urine specimens. The Board and the laboratory will utilize a standard Urine Custody and Control Form for all students testing. A tamper-proof sealing system, identifying number, labels and sealed shipping containers will be used for specimen transportation. All students will also be required to complete the Fayette County Board of Education Applicant/Student Consent Form. No student will be permitted to drive on campus or participate in Extra-Curricular activities until the consent form is turned in to the school office which will be kept on file.
E. Evaluations and Return of Result to the School Board
The laboratory will transmit by fax, mail or computer, but not orally, the results of all tests to the School Board's MROs. The MRO will be responsible for reviewing test results of students. Prior to making a final
decision, the MRO shall give the individual an opportunity to discuss the result either face-to-face or over the telephone.
The MRO shall then promptly tell the Fayette County Board of Education Drug Program Coordinator which students or applicants test positive. The coordinator will report the finding to the school principal. The principal will then schedule a conference between the student and parents or legal guardians to discuss the positive test results and appropriate consequences.
F. Request for Retest
Where a split specimen has been collected, a student may request a retest of the split specimen within 72 hours of notification of the final test result. Where a single specimen is submitted for testing, the student may request a retest of the original sample within 72 hours after notification of the final test result. Requests must be submitted to the MRO.
The student will be required to pay the associated costs of a retest in advance but will be reimbursed if the result of the retest is negative.
G. Release of Test Results
All information, interviews, reports, statements, memoranda, and test results, written or otherwise, received by the Board through its drug testing program are confidential communications and may not be used or receive in evidence, obtained in discovery or disclosed in any public or private proceedings except in accordance with the Policy Consent/Release Form.
However, all ECA students will be required to execute a consent/release form permitting the School Board to release test results and related information to the school officials who have a need to know. Parents or guardians will be informed of confirmed positive test results by the School Superintendent or Board designee.
The MRO shall retain the individual test results for five (5) years.
EL Reasonable Suspicion
When there are observable circumstances which provide reasonable suspicion to believe a student has used drugs, a student may be required to submit to drug testing. Determination that reasonable suspicion exists must be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the student and shall be reported to the Principal or Drug Testing Coordinator.
The school official requiring testing shall prepare and sign written documents explaining the circumstances and evidence upon which they relied within 24 hours of the testing or before the results of the tests are released, whichever is earlier. While a certified employee may recommend a reasonable cause test, he or she should, when possible, obtain a second school official's opinion as a witness.
For violations of this policy regarding drugs that can be detected by a drug test, the following penalties which might be cumulative from Grade 7 through Grade 12 shall be administered:
Upon the first violation for drugs, the student shall agree to local counseling set-up by the school principal and the Central Office Drug Testing Coordinator. The student must complete the required counseling program as provided by an approved and certified agency partnering with the Fayette County Board of Education. For this service, the parent will be responsible for paying the counseling agency/resource for any fees incurred. IF a parent chooses to seek substance abuse counseling through an outside agency, the parent/guardian will be responsible for payments there as well and the school system must receive appropriate documentation stating completion of therapy before activities or driving privileges will be continued. The student will also be required to retest after 30 days to continue with regularly scheduled activities. The student will be responsible for the costs of any re-test and must have their test conducted through the School systems drug testing provider. If the student does not retest after 30 days, the student will not continue with extra-curricular activity or driving privileges. The student will also be subject to routine drug testing during the remainder of the school year to maintain "drug-free" status
Upon the second violation, the student will be suspended from participation in any ECA activity or drive on school campus for 30 days. In order for extracurricular activities to be reinstated, the student must retake and test negative on another drug test after 30 days. If the student does not retest after 30 days, the student will not continue with extra-curricular activity or driving privileges. The student will be responsible for the costs of any re-test and must have the re-test conducted through the School systems drug testing provider. The student will be required to participate in "on-going therapeutic counseling provided by an approved and certified agency partnering with the Fayette County Board of Education. IF a parent chooses to seek substance abuse counseling through an outside agency, the parent/guardian will be responsible for payments there as well and the school system must receive appropriate documentation stating completion of therapy before activities or driving privileges will be continued. The student will be responsible for any fees incurred by these services, if any! The student may also be selected at any time during the next 365 days for drug testing. Third Violation (and Thereafter)
Upon the third violation and thereafter, the student will be suspended from participation in any ECA activity or driving on school campus for 365 days. The student may also be selected at any time during the next 365 days for drug testing. After 365 days, the student must have a negative drug test result before their chosen extra-curricular activity or driving privileges are reinstated.
J. Notice Requirements
The basic provisions of this policy and/or any modifications of this policy shall be made available to students by school officials in a timely manner. In addition, certified employees shall, prior to beginning of each respective activity (i.e. football practice, marching band practice, various group organizations within the school etc.), discuss with student participants and parents the specific provisions of this policy. The discussion shall include but not be limited to the following topics: purpose of the policy, random sampling procedures, sample collection procedures, reporting procedures and confidentiality requirement.
No student participating in ANY Extra-curricular activity, who tests positive, refuses to test, or refuses to cooperate with testing or being in violation of this policy will be penalized academically. Information, including testing positive, will not be released to criminal or juvenile authorities absent compulsion by valid state or federal laws. This policy is developed to be a non-punitive nature and the School will work with the student and/or his or her parents or guardians when there is any violation of this policy and procedures.
All information, interviews, reports, statements, memoranda and test results, written or otherwise, received by the School through its drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings except in the following:
(a) As directed by the specific, written consent of the student authorizing release of the information to and identified person.
(b) To a covered Extracurricular Activity student decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual.
This form must be siened and returned before receiving, parkins pass or participating in Extra-Curricular Activities.
The Fayette County Board of Education Policy Consent/Release Form for Student Drug Testing
I have read the above statement of policy and agree to abide by the School's drug rules. I agree to submit to drug tests at any time as a condition for my initial or continued participation in extracurricular activities. I authorize any laboratory or medical provider to release test results to The Fayette County Board of Education and its Medical Review Officer (MRO). I authorize the Medical Review Officer to release final test results to the school.
I also expressly authorize the School or its MRO to release any test-related information, including positive results:
(a) As directed by my specific, written consent authorizing release of the information to an identified person
(b) To my decision maker in a lawsuit, grievance, or other proceeding initiated by me or on my behalf.
I understand that this agreement in no way limits my right to terminate or to be terminated from participation in extracurricular activities.
Extra Curricular Activity Student____________________ Date_________________
Parent or Guardian Date