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5.90 Random Drug and Alcohol Testing of Students

5.90 Random Drug and Alcohol Testing of Students

Chapter 5.00: Students

5.90

RANDOM DRUG AND ALCOHOL TESTING OF STUDENTS

POLICY

I. Philosophy

A. The School Board of Okeechobee County (the Board) has a responsibility to safeguard the health, character, citizenship, and personal development of all students in the District. The possession and use of drugs and or alcohol by students is both harmful and wrong, in addition to being illegal. The abuse and use of drugs, alcohol, or steroids threatens the personal development of students and affects the welfare of the entire school system. The Board is committed to the prevention of drug, alcohol, and steroid abuse as well as to the rehabilitation of identified abusers.

B. A commitment of the Board to provide athletics, extracurricular programs, and on-campus student parking requires a healthy and safe environment including programs related to the detection and prevention of substance abuse by students involved in such activities. Students who are actively involved in athletic and extracurricular activities are representatives of their respective schools. By virtue of a students’ participation in such activities, they are frequently seen by their peers to be role models and persons to be admired. As leaders and role models, such students have a responsibility to be drug and alcohol free as well as set a standard for their peers. Parking by students on campus is a privilege and subject to regulation by the Board.

C. In instituting a program for the random screening for drugs and/or alcohol for students participating in athletics, extracurricular activities, and on-campus parking, the Board is committed to being proactive in ensuring the safety of all pupils participating in such activities as well as the District as a whole. The Board's primary emphasis is directed to deterrence and remediation rather than punishment of students who test positive for alcohol or drug use/abuse. Consequences for testing positive are set forth in this policy. No student will be suspended solely on the basis of any verified positive test result conducted by the District under this policy.

D. The policy of random student drug testing is meant to supplement the District's existing education of students in prevention and intervention for drug and alcohol abuse.

II. Definitions

A. Alcohol means ethyl alcohol and any beverage, mixture, preparation (including medicine prescribed or over-the-counter), or product containing alcohol; this includes, but is not limited to distilled spirits, wine, malt beverages (including beer), and intoxicating liquors.

B. Alcohol results on a breath alcohol test means the percentage of alcohol per 210 liters of breath.

C. Approved Agency means the laboratory contracted by the Board to conduct the initial and confirmatory drug testing. Such agency meets the standards and requirements of the federal Substance Abuse and Mental Health Services Administration (SAMHSA).

D. Breath Alcohol Technician (BAT) means an individual who instructs and assists individuals in the alcohol testing process and operates an EBT.

E. Extracurricular Activity means any activity sponsored or approved by the Board, but not offered for credit toward graduation. This includes students who run for or are elected as student body officers.

F. Confirmation (or confirmatory) test means, in drug testing, a second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy. (Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, methamphetamines and phencyclidine).

G. Drug means any substance, whether prescribed or not, which is not used in accordance with the prescription and/or District policy. Drug also includes any illegal substance. Such substances may include, but are not limited to: methadone, propoxyphene, amphetamines, methamphetamines, barbiturates, cannabinoids (including marijuana), synthetic marijuana (spice), cocaine, phencyclidine (PCP), hallucinogens, methalqualone, opiates, benzodiazepines, synthetic narcotics (including methadone and propoxyphene), designer drugs, steroids, or metabolites of any of the substances listed herein.

H. EBT (or evidential breath testing device) means an EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA’s Conforming Products List of Evidential Breath Measurement Devices (CPL) and identified on the CPL as conforming with the model specifications available from the NHTSA, Office of Alcohol and State Programs.

I. Independent Consultant means a person independent of any school facility who maintains the student ID numbers only of students subject to random drug testing. This person has no information as to any student other than the ID number, and uses such numbers to randomly select those students to be tested according to the particular school’s schedule.

J. Initial test means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens.

K. Medical Review Officer or MRO means a licensed physician (medical doctor, nurse practitioner, or doctor of osteopathy) responsible for receiving laboratory results generated by the School Board’s drug and/or alcohol testing programs who has knowledge of drug and alcohol abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result together with his or her medical history and any other relevant biomedical information.

L. Probation means upon the first confirmed positive drug test, the student will be placed on probation. The student will be expected to serve the consequences as stated in this policy and, as a condition of probation, the student will be subject to a drug test during the next drug test administration to deter the student from committing a subsequent violation of this policy.

M. Refuse/refusal to submit (to an alcohol or controlled substances test) means that a student fails to provide an adequate breath, urine, or saliva sample without a genuine inability to provide such or without providing a valid medical explanation after he or she has received notice of the requirement for such testing. Engaging in conduct that clearly obstructs the testing process also constitutes a refusal to submit to a test.

N. School Board or Board means the elected governing body of the Okeechobee County District Schools and includes the School Board’s agents, officers, and representatives.

O. Specimen means, breath, saliva, or urine sample.

P. Substance abuse professional means a licensed physician (medical doctor, nurse practitioner, or doctor of osteopathy); or a licensed or certified psychologist, social worker, or employee assistance professional; or an addictions counselor (certified by the National Association of Alcoholism and Drug Abuse counselors certification Commission or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse). All must have knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

Q. Testing Area means the location where the drug testing takes place. This location should be the nurse’s office at the particular school. However, the site may be changed as long as all protocols for testing can be maintained at a substitute location on campus.

R. Testing Coordinator means a school employee who is responsible for the maintenance of the student files for students subject to random drug testing, the consents to drug testing, the withdrawal of a student from drug testing, and coordination of testing and follow up on results at that school. Such employee is selected and appointed by the principal of the school.

S. Testing Pool means the students who have a signed Consent to Drug Testing on file with each school.

III. Policy - It is the policy of the School Board of Okeechobee County that any student who participates in school athletics, extracurricular activities, school sponsored clubs, on campus parking, students who have violated the District substance abuse policy, and students who elect to participate in the program with parental consent shall be subject to random drug testing in accordance with this policy.

A. Confidentiality - This policy complies with the confidentiality requirements established in 42 CFR Part II (Code of Federal Regulations). District personnel shall not release records of drug/alcohol tests or any resulting action to anyone other than the student, or the student’s parent(s) or legal guardian, as defined by Florida Statutes, without written authorization from the student’s parent(s), legal guardian or the student, if over the age of 18. Additionally, the District respects the privacy of its students and shall maintain confidentiality regarding any alcohol or drug testing under this policy. The results will only be released to the

parent(s) or legal guardian of the student, and the testing coordinator at the school. All records and subsequent actions shall be kept in a file separate and apart from the student’s educational file.

During the testing process, personally identifying information of the student shall remain confidential.

B. Mandatory Participation - Participation in athletics, extracurricular activities, and parking on campus is a privilege. A student's participation in such activities is subject to compliance with this policy.

C. Voluntary Participation - Any student may voluntarily participate in random drug testing so long as there is written permission from the student’s parent or legal guardian authorizing the student’s participation regardless of whether the student participates in any activity for which drug testing is mandated.

D. Consent to Drug Testing - Prior to any participation in athletics, extracurricular activities, and parking on campus, a student and the student's parent or legal guardian shall sign and deliver a Consent to Drug Testing form to the student’s school. If a student is age eighteen (18) or older, the consent need only be signed by the student. Such consent shall be valid for the remainder of the school year or until a Withdrawal from Program form is completed. Participation forms will be completed on an annual basis.

E. No Consent Means No Participation - A student who fails to have a current Consent to Drug Testing form on file shall not participate in any activity for which the student is subject to random drug testing until such consent is signed and returned to the student's school. Participation includes, but is not limited to attendance at any practice, try-out, rehearsal, or sitting with a team at a game, pep rally, or assembly.

F. Withdrawal from Activity or Voluntary Participation - Students who have a consent form on file and are active participants in athletics, extracurricular activities, and parking on campus are eligible for selection for random testing. Voluntary participants are eligible for random student drug testing until Withdrawal of Student from Program form is completed by the parent, legal guardian, or adult student.

G. Number of Students to be Tested - The administration at each school shall test no less than twenty-five percent (25%) of students in the testing pool in grades 9-12 during each school year.

H. Consent File - The Testing Coordinator shall maintain a separate file for the students subject to random testing. The file contains the student’s consent, and any test results. Such file is separate and apart from the student’s other educational records and shall be disclosed only to those personnel who have a need to be informed regarding the result of any testing in order to implement or oversee implementation of the testing or consequences for violation of this policy. Student drug test information will not be turned over to any law enforcement authority except under circumstances in which the district is legally compelled to surrender such file.

I. Frequency of Testing - Each school principal shall determine the frequency for random testing and the number of students to be tested, assuring that a minimum of 25% of the testing pool is tested each school year. The principal shall maintain a confidential schedule for testing and share the schedule with the

Testing Coordinator and an Independent Consultant who selects the ID numbers of the students to be tested.

J. Selection of Students to be Tested – The Independent Consultant randomly selects student ID numbers for testing. The number of students selected is based on the number the principal selects plus 10%. The ten percent over the number of students selected are substitutes should members of the original pool be absent or otherwise unavailable for testing.

K. How Students are Called to be Tested - The Testing Coordinator will arrange for students who are to be tested to be brought to the Testing Area. The testing area shall have a secured bathroom which maximizes the privacy of the student.

L. Collection of Samples – The Independent Consultant shall be responsible for the collection of samples according to the protocols of the federal Substance Abuse and Mental Health Services Administration (SAMHSA) standards.

1. The Independent Consultant conducts the initial screening test. Any test result of nonnegative will be forwarded to a licensed laboratory of the District’s selection for confirmatory testing.

2. Any refusal of a student to participate in testing when selected, or any student who attempts to tamper with the specimen or the specimen collection process will cause the specimen result to be deemed as nonnegative and subject the student to the consequences outlined in the Consequences section of this policy.

3. All specimens collected shall be kept by the District’s selected laboratory for at least ninety (90) days pending a request for retesting of a specimen according to the appeal process outlined in the Appeal section of this policy.

4. If a student is unable to produce an adequate specimen during the collection process, the student shall be recalled for testing later that same day. If the student is unable to produce an adequate specimen on the second attempt, such test result shall be deemed nonnegative and subject the student to the consequences outlined in the Consequences section of this policy.

M. Confirmatory Test - Should the initial test of a student be returned as non- negative for any drug or drug metabolite, the student's test shall be sent for a confirmatory test.

N. Negative Confirmatory Test – When a nonnegative specimen is sent to the lab for confirmation and is confirmed a negative, the student and student’s parent(s) or legal guardian will be notified, and the student may continue uninterrupted to participate in any activity for which he/she is subject to random drug testing.

O. Positive Confirmatory Test – When a student’s test has been confirmed as positive, the student’s parents or legal guardian shall be contacted directly by the MRO for a consultation. The consultation will address the reasons for the positive test and the MRO shall decide regarding the legitimacy, validity, or accuracy of a positive test. If the MRO verifies that a positive drug test result as reported by the laboratory is indeed positive, then the MRO shall submit a report of that positive drug test result to the designated representative of the District, identifying that student by name so that the appropriate disciplinary action can be taken pursuant to this policy.

P. Consequences - Consequences result when any or all of the following occur:

1) a confirmed positive alcohol or drug test; 2) refusal to participate in testing when selected; and/or 3) tampering with the specimen collection process.

1. On the first confirmed positive test, the following actions will occur:

a. The student, student’s parent(s) or legal guardian, or the adult student will be notified.

b. The student will be suspended from any activity subject to random drug testing for a period of 10 school days.

c. It is recommended the student schedule an appointment with an agency approved by the District to provide drug evaluation

d. The student will be placed on probation and will have a follow-up test during the next test administration.

2. On the second confirmed positive test, the following actions will occur:

a. The student, student’s parent(s) or legal guardian, or the adult student will be notified.

b. The student will be suspended from any activity subject to random drug testing for a period of 20 school days.

c. The student must participate in a substance abuse evaluation and follow any recommendations of the substance abuse professional. Documentation of the evaluation must be submitted to the principal within a period of 20 school days. Parents have the option to have the District pay up to $135 for the drug evaluation.

d. The student will be placed on probation and will have a follow-up test during the next test administration.

3. A student who submits a confirmed positive drug test a third time shall forfeit the privilege of participation in any activity for which the student is subject to random drug testing for a minimum of sixty (60) days from the date of the test result and until there is confirmation of compliance with the aforementioned requirements by the substance abuse professional.

4. The student’s parent(s) or legal guardian is/are responsible for the cost of any additional rehabilitation program(s). The parent or legal guardian will have the option to have the District pay for the initial drug evaluation at a cost not to exceed $135 Any fees paid for the activities subject to random drug testing will be forfeited in the event of a confirmed positive drug test.

5. Failure of a student to follow through on the steps outlined in this section shall result in the student’s inability to participate in any activity for which the student is subject to random drug testing until such steps are completed, or one calendar year from the date the student is deemed to be out of compliance by the substance abuse professional.

Q. Appeal - A student or the student’s parent(s) or legal guardian may request a retest of the student’s specimen at their own expense at a laboratory approved by the District and which follows federal Substance Abuse and Mental Health Services Administration standards concerning drug testing protocols and procedures. Such request must be made within 24 hours of receiving the results of the student’s

drug test. Upon such request, the student’s previously submitted specimen will be forwarded to the approved laboratory in cooperation with the District’s approved laboratory responsible for confirmatory testing.

STATUTORY AUTHORITY: 1001.32, 1001.41, 1001.43, F.S.

LAWS IMPLEMENTED: 1000.21, 1001.43, 1006.07, 1006.15, F.S.

STATE BOARD OF EDUCATION RULES:

HISTORY: Adopted: 7/23/2013

Revision Date(s):

Formerly: New

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