Munday Consolidated Independent School District
Drug Testing Policy

 

STUDENT RIGHTS AND RESPONSIBILITIES:                                                                       FNF
INTERROGATIONS AND SEARCHES                                                                             (LOCAL)

 

INTERROGATIONS

    BY SCHOOL OFFICIALS

 

Administrators, teachers, and other professional personnel have the authority to question a student about the studentís own conduct or the conduct of other students.  In the context of school discipline, students have no claim to the right not to incriminate themselves.

BY POLICE OR OTHER                AUTHORITIES

 

For provisions pertaining to student questioning by law enforcement officials or other lawful authorities, see GRA (LOCAL).

LOCKERS AND VEHICLES

 

Students have full responsibility for the security of their lockers and for vehicles parked on or within 300 feet of school property.  It is the studentís responsibility to ensure that vehicles are locked and that the keys are not given to others.  Students will not place, keep, or maintain any article or material that is forbidden by district policy in lockers or in vehicles parked on or within 300 feet of school property.

Lockers are school property and remain under the schoolís control at all times.  School officials may search lockers at any time.  School officials may search vehicles parked on or within 300 feet of school property if there is reasonable cause to believe that they contain articles or materials prohibited by District policy.  Students are responsible for any prohibited items found in their lockers or in vehicles parked on or within 300 feet of school property.

If a vehicle subject to search is locked, the student will be asked to unlock the vehicle.  If the student refuses, a school official will contact the studentís parents.  If the parents also refuse to permit a search of the vehicle, school officials will turn the matter over to local law enforcement officials.

NOTICE

 

 

At the beginning of the school year, the District will inform students of its policy on searches, as outlined above, and will specifically notify students that:

1.       Lockers are school property and remain under the schoolís control at all times.

2.       Vehicles parked on or within 300 feet of school property are subject to search based on reasonable cause.

3.       If contraband of any kind is found as a result of a search, the possessing student will be subject to the appropriate disciplinary action, regardless of knowledge or intent, in accordance with the Student Code of Conduct.

PARENT NOTIFICATION

 

The studentís parent or guardian will be notified if any prohibited articles or materials are found in a studentís locker, in a studentís vehicle parked on or within 300 feet of school property, or on the studentís person, as a result of a search conducted in accordance with this policy.

EXTRACURRICULAR ACTIVITY DRUG TESTING

RATIONALE

 

The Board encourages students to participate in school-sponsored extracurricular activities, but believes the opportunity to participate is a privilege offered to eligible students on an equal opportunity basis.  The use of alcohol or other drugs by students participating in extracurricular activities presents a hazard to the health, safety, and welfare of the student participant.  The Board believes testing student participants in school-sponsored extracurricular activities serves the important purpose of detecting and preventing illegal drug and alcohol use among students.

DEFINITION

 

ďSchool-sponsored extracurricular activityĒ means, without limitation, all interscholastic athletics, cheerleading, drill team, academic clubs, special interest clubs, musical performances, dramatic productions, student government, fine arts organizations, industrial technology and agricultural organizations, and any other activity or group that participates in contests, competitions, or community service projects on behalf of or as a representative of the District.

REQUIRED TESTING

 

To be eligible to participate in any school-sponsored extracurricular activity, a secondary student (grades 8-12) must agree to participate in a drug-testing program that includes random testing during the school year.

USE OF RESULTS

 

The results of any drug test administered under this policy will be used only to determine eligibility for participation in school-sponsored extracurricular activities.

CONFIDENTIALITY

 

Results will be kept confidential and disclosed only to the student, his or her parents/guardians, and school officials designated by the Superintendent.  Results will not be placed in student records.  Students will not be penalized in any other way.  No actions will be taken by the school against the student other than suspension from participating in extracurricular activities, as outlined below.

PROHIBITED CONDUCT

 

Student participants in school-sponsored extracurricular activities will not at any time during the school year use, possess, sell, distribute, or be under the influence of any illegal drug, anabolic steroid or other performance-enhancing substance, or alcohol. 

PARENT/STUDENT  MEETING

 

A meeting with potential student participants and their parents or guardians will be scheduled in the Spring for students desiring to participate in the following school year and at the beginning of each semester for students desiring to participate in activities during that semester who did not participate in an earlier session. The drug-testing plan will be discussed and copies of the policy, procedures, and the consent form will be provided for each participant at that time.

CONSENT FORM

 

Student participants and parents of minor students must sign a consent form agreeing to participate in the drug-testing program. If the student participant or his or her parent or guardian declines to sign the consent form, the student will not be permitted to participate in school-sponsored extracurricular activities. 

For students who enroll after the beginning of the school year, consent forms must be signed within seven days of enrollment in order for the student to be eligible to participate in school-sponsored extracurricular activities for that school year.  Late-enrolling students who do not submit a properly signed consent form within seven days can be eligible to participate during that school year only by submitting a properly signed consent form and a negative result on a parent-requested and parent-paid drug test.

Consent forms are valid for the current school year only and must be renewed annually in order for the student to continue participating in school-sponsored extracurricular activities. 

Students who are age 18 or older will not be required to obtain a parent signature for the consent form.

TESTING PROCEDURE

 

A licensed medical facility or third party administrator selected by the Superintendent and approved by the Board will conduct all testing for the presence of drugs in student urine samples. The Superintendent is the program manager who will administer the program with the selected drug-testing provider.

Substances specifically tested for will include substances that are illegal to buy, possess, use, sell, or distribute under state or federal law, including prescription drugs, and alcohol.  These substances include marijuana, cocaine, methaqualone, benzodiazepines, phencyclidine (PCP), methadone, barbiturates, propoxyphene, amphetamines, opiates, Ecstasy, metabolites of any of these substances, and performance enhancing substances.

Samples will be taken under conditions that are no more intrusive to students than the conditions experienced in a public restroom.  The Superintendent, in cooperation with the selected drug-testing provider, will develop administrative regulations for collection and testing.

Any student who refuses to be tested during a semester or who tampers with, or assists others in tampering with, any sample will be removed from extracurricular activities.

RANDOM TESTS

 

Random tests will be conducted from time to time during the school year.  Students will be assigned numbers running consecutively.  A record of the numbers and the students to whom they are assigned will be maintained under confidential conditions in the Superintendentís office. The testing agency will develop and implement a system to randomly select students by that number for each testing session.  

Students will not be notified in advance of any drug test.  When selected for testing, students will be escorted to the schoolís testing site by a school employee and will remain under employee supervision until a sample is provided.  If a student is in school and fails to report for testing at the appointed time, he or she will be removed from the activity.

Parents will be notified in writing on any day their child is selected for testing, regardless of test results.

POSITIVE TEST RESULTS

 

All positive results for the presence of drugs or performance-enhancing substances must be confirmed by a second, more definitive test before being reported as positive.  Positive results from the initial test for alcohol will be considered a true positive and will not be subject to further analysis.  When there is a confirmed positive test result, the following steps will be taken:

1.       Results will be reported to the Superintendent or designee.

2.       The Superintendent or designee will notify the studentís parent or guardian and the student of the test results and will schedule a meeting as soon as possible.    

3.       At the meeting, the Superintendent or designee will give the student and parent a copy of the test results and provide them an opportunity to offer an explanation for the results.  Parents may also request a retest of the original specimen to confirm the results, but the retest and review by the testing companyĎs medical review officer will be at the parentís expense.  A request to retest must be made in writing within 24 hours of the meeting with the administrator, and payment for the retest must be included with the request.

4.       Sanctions will be fully enforced during any appeal or retesting at parent request.

5.       Sanctions are cumulative throughout the studentís career, grades 8-12.

6.       All suspensions for participation will begin on the date that the positive result is reported to the Superintendent or designee.

SANCTIONS

 

For a first positive result, the student will not be removed from extracurricular activities immediately and:

1.       will be required to attend substance abuse counseling sessions as specified by the Superintendent or designee.  Parents are encouraged to attend also, as appropriate and in accordance with the guidance of the professional providing the counseling.  Parents will be bear the cost, if any, of the counseling.

2.       will be tested during the next three testing dates, regardless of the school year.

3.       will be removed from extracurricular activities if they fail to meet counseling requirements within 30 days after the meeting with the Superintendent or designee, but may be reinstated by meeting the counseling requirements.

For a second positive result, the student:

1.       will be required again to attend substance abuse counseling.

2.       will be suspended from all school-sponsored extracurricular activities for at least 15 calendar days, including all non-school days within the period, or until counseling requirements are completed; whichever occurs last.   

3.       will be tested during the next four testing dates, regardless of the school year, unless the student provides a written statement to the Superintendent or designee that he or she is quitting or leaving the program or activity.

For a third positive result, the student:

1.       will be required again to attend substance abuse counseling.

2.       will be suspended from all extracurricular activities for at least 40 calendar days, including all non-school days within that period, or until counseling requirements are completed; whichever occurs last.  

3.       will be tested during the next six testing dates, regardless of the school year, unless the student provides a written statement to the Superintendent or designee that he or she is quitting or leaving the program or activity.

For a fourth positive result, the student:

1.       will be required again to attend substance abuse counseling.

2.       will be suspended from all extracurricular activities for at least one calendar year including all non-school days within that period, or until counseling requirements are completed; whichever occurs last.  

3.       will be tested during the next six testing dates, regardless of the school year, unless the student provides a written statement to the Superintendent or designee that he or she is quitting or leaving the program or activity.

For any further positive results, the student:

1.       will be required again to attend substance abuse counseling.

2.       will be suspended from all extracurricular activities for at least one calendar year including all non-school days within that period, or until counseling requirements are completed.

3.       will be tested during the next eight testing dates, regardless of the school year, unless the student provides a written statement to the Superintendent or designee that he or she is quitting or leaving the program or activity.

REINSTATEMENT

 

A student who leaves or quits a program or activity after a positive test result may be reinstated by:

1.       obtaining permission from the coach/sponsor and the campus administrator;

2.       participating in the drug-testing program during the next three testing sessions at the parentsí expense; and

3.       returning to the activity or program at the same status in relationship to this policy as when the student left the program.

APPEAL

 

An appeal of the sanction may be instituted by the parent by giving written notice to the Superintendent within five days.  The student will be ineligible for participation pending the appeal.  Using the procedures in FNG (LOCAL) for a Level Three presentation, the Board will determine whether the sanction was justified.

EFFECT OF DISCIPLINE POLICY

 

Nothing in this policy limits or prohibits the application of Board policy providing for disciplinary action for students using, under the influence of, in possession of, or distributing illegal drugs or alcohol on school property or at school events.

General Search Policy with Extracurricular Drug Testing

August 2003

 

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