Athens ISD – Drug Testing Policy & Procedures

Recognizing that observed and suspected use of alcohol and illicit drugs by District students is increasing, a program of deterrence shall be instituted as a pro-active approach to truly drug-free schools. This drug testing program does not in any way seek to modify the Student Code of Conduct or Chapter 37 regulations.

The drugs eligible for testing may include but are not limited to the following:

alcohol cocaine opiates

amphetamines ecstasy phencyclidine (PCP)

barbiturates inhalant panel propoxyphene

benzodiazepine methadone steroids

cannabinoids methaqualone

Extra-Curricular Participants - Prior to participating in extracurricular activities, 350 students randomly drawn in grades 7-12 shall be tested for drug use by means of a urinalysis. In addition, extracurricular participants shall be subject to random drug testing throughout the school year.

Objectives: -The objectives of this program are to:

1. Provide students an avenue to combat drug and alcohol use by arming them with a well-developed, firm, and consistent policy that discourages their use.

2. Provide drug education programs for students who test positive for drug use.

3. Ensure the health and safety of participating students during performances.

4. Allow students an opportunity to say "no" to drugs.

5. Provide a deterrent to drug use for all participating students in extracurricular activities.

6. Help maintain a drug-free school environment.

7. Be non-punitive.

The Plan: The drug testing program for participating students shall be administered as follows:

1 At the beginning of each school year, or at the time of enrollment, the Informed Consent Agreement form shall be signed by the student and his or her parent/guardian in order for the student to be eligible to practice or participate in any extracurricular program, including off- season training. The form shall be filed with the Program Coordinator - Superintendent or designee.

2 Dates for initial testing and dates for at least five random testings per school year shall be determined by the testing company.

3 Participating students selected for random testing shall be chosen from a pool that includes all participating students. For each testing regime a computer program shall be used to randomly select:

A minimum of 20 students from the middle school pool.

A minimum of 50 students from the high school pool.

After student numbers are drawn, they will be placed back into the pool.

4 Students may also be enrolled in the Drug Testing

5 Voluntary Program. The drug testing regime for the voluntary program shall not be scheduled on a day that is scheduled for drug testing of extracurricular participants.

6 Participating students shall be required to provide a urine sample for the designated laboratory supervisor. Testing shall be administered by qualified laboratory personnel and professional staff.

7 Any eligible participating student selected randomly for testing who is not in school on the day of the testing shall be tested at the next testing regime.

8 Students not able to produce an adequate urine specimen within three hours shall be considered a positive test result.

9 No participating student shall be penalized academically for testing positive for illegal drugs or banned substances.

10 The results of drug tests, pursuant to this policy, shall not be documented in any student's academic record. Information regarding the results of drug tests shall not be disclosed to criminal or juvenile authorities absent legal compulsion by valid and binding subpoena or other legal process. In the event of service of any such subpoena or legal process, the student and the student's custodial parent, legal guardian, or custodian shall be notified at least 72 hours before response is made by the Board to the extent permitted by such subpoena or legal process.

Testing Procedures: An independent laboratory shall be employed to use an accepted immunological urinalysis screening procedure. All drugs detected by the screen shall be confirmed by MS/GC at a DOT certified laboratory before being reported. Testing procedures shall be as follows:

1. The vendor shall send qualified collectors to the school who shall oversee the collection of all specimens as outlined at VENDOR REQUIREMENTS.

2. All specimens shall be identified by the student's social security number or school-issued student identification numbers and shall be taken to an independent lab for processing by lab personnel.

3. All positive screenings shall be confirmed by the participating student's admission and/or an additional test from a split specimen, which may include Gas Chromatography/Mass Spectrometry testing by an independent laboratory.

4. The testing lab shall submit final test results to the Superintendent who shall notify the parent/guardian and the appropriate principal, director, and/or sponsor orally or in writing.

Confidentiality - All drug test results are considered confidential information and shall be handled according to the following guidelines:

1. A strict chain of custody shall be enforced regarding the collection and coding of specimen samples to ensure total confidentiality and proper identification.

2. Those persons having results reported to them as set forth by this policy must sign a confidentiality statement.

3. Positive test results shall be divulged only to the student, the student's principal, parent/guardian, the student's directors, sponsors, and Superintendent. The parent/guardian shall also be notified of any sample that has a presence of an illegal substance.

4. When the student is no longer in school or his or her final year of eligibility to participate in extracurricular programs has expired, all test results shall be destroyed.

Vendor Requirements – At a minimum, the vendor must be able to provide the following services:

1. Random Selection of Participating Students: Once provided a list of participating students, the vendor shall select by computer the required number of students in a random and confidential manner. The vendor shall arrange with the Superintendent or designee a day and time to do the collection of specimens. The schedule shall not follow any recognizable pattern. Upon arrival at the school, the vendor shall give the selected student names to the appropriate professional staff who shall arrange for these students to report to the collection area.

2. Collection of Specimens: The vendor shall provide chain of custody forms that meet the criteria of this policy and the testing laboratory. The vendor shall oversee the collection of specimens for drug testing of students, giving as much privacy as possible in obtaining the specimen.

3. Testing of Specimens: The vendor shall have all specimens tested for the specified illicit or banned substances by a qualified laboratory. The testing laboratory shall have experience in toxicology testing and chain of custody procedures. All specimens shall be initially tested using a highly accurate immunoassay technique, with all presumptive positive results then confirmed by a Gas Chromatography/Mass Spectroscopy (GC/MS) confirmatory test.

4. Statistical Reporting and Confidentiality of Drug Test Results: The vendor shall certify all drug screens as negative or positive and report the positive presence of illicit drugs in a confidential manner to the Superintendent or designee.

The vendor or testing laboratory shall not release any statistics on the rate of positive drug tests to any person, organization, news publication, or media without expressed written consent of the Board. However, the vendor shall provide the Superintendent with a quarterly report showing the number of tests performed, rate of positive and negative tests, and the types of substances found in the positive specimens.

Sanctions for Positive Testing - The following sanctions shall be imposed for any student testing positive to a drug test:

1. For the first positive test result or indication of the presence of drugs:

a. The parent/guardian shall be notified and must attend a conference to discuss the student's drug test results within 72 hours.

b. A positive test will result in a 15 calendar day suspension from all extracurricular participation.

c. Retesting shall be required for students with positive test results at each subsequent random testing regime for a minimum of one calendar year from the date of receipt of the positive test result.

2. For the second positive test:

a. The parent/guardian shall receive notification and shall be requested to attend a conference to discuss the student's drug test results. This conference shall also include the student, principal, and the student's director or sponsor.

b. Upon receiving notice by the proper school official, the student shall immediately be suspended from practices, contests, and/or activities in all extracurricular programs for 60 calendar days. In the event a participating student's sanctions occur during the sixth six weeks of the school year, the participating student shall complete his or her sanctions the following school year.

c. A letter of intent to remain in any extracurricular activity shall be signed by the student and parent/ guardian.

d. For reinstatement into extracurricular programs, participating students shall:

1. Be retested by the District's vendor at the end of the 60-day suspension at the parent/ guardian's expense.

2. Receive a negative test result.

3. Complete a school drug counseling program approved by the District at the expense of the parent/guardian.

4. Have verification of all sanction requirements by the principal, director, and/or sponsor.

e. Retesting shall be required at each subsequent random testing regime for a minimum of one calendar year from the date of receipt of the test result.

3. For the third positive test:

b. Upon receiving notice by the proper school official, the student shall immediately be excluded from practices, contests and/or activities in all extracurricular programs while attending Athens Independent School District.

Students refusing to be tested shall be considered a positive test result and shall suspended from all participation for 30 calendar days. After a 30-day suspension, the student may be reinstated for participation if:

1. The student is retested at the end of the suspension by the District's vendor at the parent's/guardian's expense and a negative test result is received.

2. Student shall be retested in each subsequent

random testing regime for a minimum of one calendar year.

Voluntary Drug Testing -The District shall make available to parents/guardians an important tool to use in the fight against and prevention of illegal drug use by our students. This tool is a voluntary substance abuse testing program. The student's participation in this program is voluntary and the parents/guardians may enroll their students in the program at any time during the program.

Objectives -The objectives of this program are to:

1. Provide students an avenue to combat drug and alcohol use by arming students with a "social out" when faced with temptation and/or peer pressure to use drugs.

2. Provide drug education programs for all students.

3. Provide the parents/guardians with factual information regarding possible drug use by their children.

4. Provide for accountability of the student and reality to the parent.

5. Help maintain a drug-free school environment.

6. Provide a truly non-punitive program.

The Program -The general guidelines of the program are as follows:

1. Each school year, the parent/guardian may elect to have their child participate in the program.

2. All District students in grades 7-12 may participate in the program.

3. Students participating in the program shall be randomly selected for testing throughout the school year.

4. The District shall engage a urinological lab to perform random drug testing at the parent's/guardian's expense.

5. Test results shall be revealed only to the student's parent/guardian by use of a results card code.

Testing Procedures and Protocol

Testing procedures and protocol shall be as follows:

1. An informed consent form to enroll a student in the random selection pool shall be required.

2. The parent/guardian may elect to enroll the student in multiple random tests each semester.

3. The parent/guardian shall be required to pay for all tests at enrollment.

4. Random drug testing shall be performed during each semester of the school year.

5. The results shall be confidentially communicated to the parents.

6. Individual test results shall not be reported to the District.

7. A list of students shall be compiled for grades 7-12 of enrolled participants for random testing.

8. The lab will randomly select students for testing.

9. Testing will be administered by qualified lab personnel on the students' home campuses.

10. The parent/guardian shall be notified when a student fails to take a scheduled drug test or refuses to take a scheduled drug test. The parent/guardian shall be responsible to set a date and time with the selected lab if they wish to reschedule a test. The parent/guardian shall be responsible to take their child to the lab for all rescheduled tests.