BOERNE INDEPENDENT SCHOOL DISTRICT STUDENT RIGHTS AND RESPONSIBILITIES DRUG AND ALCOHOL TESTING POLICY

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1 BOERNE INDEPENDENT SCHOOL DISTRICT STUDENT RIGHTS AND RESPONSIBILITIES DRUG AND ALCOHOL TESTING POLICY August 2012

2 Boerne ISD STUDENT RIGHTS AND RESPONSIBILITIES INTERROGATIONS AND SEARCHES FNF (LOCAL) DRUG AND ALCOHOL TESTING POLICY SCOPE COVERED ACTIVITIES PURPOSE DISTRIBUTION OF POLICY ORIENTATION MEETINGS CONSENT The District shall require random drug and alcohol testing of any student in grades 7 12 who chooses to participate in schoolsponsored extracurricular activities or drive or park a vehicle on a school campus. The District shall also conduct drug and alcohol testing for a student in grades 7 12, who is under the age of 18, when requested by a parent or guardian. A student who is 18 or older may request drug and alcohol testing for himself or herself. Such requests may be withdrawn at any time. School sponsored extra-curricular activities for which testing is required include all UIL activities and other activities approved by the District as extracurricular. The campus administration shall publish a list of extracurricular activities specific to each campus. The purpose of the Program is to deter student use of illegal and performance-enhancing drugs or alcohol. The District shall provide each parent and student a copy of the Program policy and consent form prior to the student s participation in an affected activity. The District shall conduct meetings with parents and interested student participants when requested. District employees shall explain the Program and review the policy and consent form. An educational presentation on the harmful effects of drug and alcohol abuse shall be provided to students as part of the District s yearly educational program. Before a student is eligible to participate in extracurricular activities or receive on-campus driving and parking privileges, the student shall be required annually to sign a consent form agreeing to be subject to the rules and procedures of the Program. If the student is under the age of 18, the student s parent or guardian shall also sign a consent form. If appropriate consent is not given, the student shall not be allowed to participate in extracurricular activities or receive on-campus driving and parking privileges. 1

3 USE OF RESULTS CONFIDENTIALITY TESTING LABORATORY SUBSTANCES FOR WHICH TESTS ARE CONDUCTED COLLECTION PROCEDURES RANDOM TESTING Test results shall be used only to determine eligibility for participation in extracurricular activities and on-campus driving and parking privileges. Positive drug and alcohol test results shall not be used to impose disciplinary sanctions or academic penalties. Nevertheless, nothing in this policy shall limit or affect the application of state law, local policy, or the Student Code of Conduct. A student who commits a disciplinary offense shall be subject to consequences in accordance with the Student Code of Conduct. Test results shall be confidential and shall be disclosed only to the student, the student s parents, the coach or sponsor of the extracurricular activity, and designated District officials who need the information in order to administer the testing program and assist those requesting help. Test results shall not be maintained with a student s academic record. Results shall not be purposely disclosed by the District except as required by law. Results for students not participating in extracurricular activities or oncampus driving and parking shall be communicated directly to the parent or guardian, and not to school officials, by the drug and alcohol testing laboratory. The Board shall contract with a certified drug- and alcohol-testing laboratory to conduct testing of students urine samples. Testing laboratories shall not release statistics regarding the rate of positive drug and alcohol tests to any person or organization without consent of the District. The District shall make available to students and parents a list of the substances for which tests will be conducted. The list is subject to change without notice. Personnel from the drug-testing laboratory shall collect urine samples under conditions that are no more intrusive than the conditions experienced in a public restroom. When selected for testing, a student shall be escorted to the school s testing site and shall remain under supervision until the student provides a sample. Samples shall be produced by a student from behind a closed restroom stall. An official of the same gender as the student shall be present when any samples are collected. Random tests shall be conducted on as many as 40 dates throughout the school year. No less than five percent and no more than 50 percent of the students participating in the program shall be randomly selected over the course of the school year. The testing laboratory shall use a random selection method to identify students chosen for random testing. Students shall not receive prior notice of the testing date or time. 2

4 REFUSAL TO TEST OR TAMPERING A student who refuses to be tested when selected or who is determined to have tampered with a sample shall be deemed to have a positive test result and shall be subject to the appropriate consequences depending on previous positive test results, if any. School officials shall notify the parents or guardians of any student who refuses to be tested when selected or who is determined to have tampered with a sample. If a student is absent on the day of the random test, a sample shall be collected as soon as possible or on the next random testing date. CONFIRMATION OF POSITIVE RESULTS An initial positive test shall be confirmed by a second test of the same specimen before being reported as positive. Upon receiving results of a positive drug test, the District shall notify the student, the student s parent if the student is under the age of 18, and the coach or sponsor of the extracurricular activity to review the test results and discuss consequences. If the student has on-campus driving and parking privileges, the appropriate administrator shall be notified so that the test results and consequences shall be discussed with regard to those driving/parking privileges. The student or parent must notify the laboratory within five days that he or she intends to provide a medical explanation for a positive result. The student or parent shall then have two additional school days to provide the medical explanation. RETESTING DRUG ABUSE PREVENTION CONSEQUENCES If the student wishes to return to participation in extracurricular activities or have campus driving and parking privileges reinstated after any applicable consequences, the student must be retested at the end of the period of suspension and have a negative test result; following that, the student shall be retested on all random test dates for one calendar year so long as the student wishes to participate in extracurricular activities or drive/park a vehicle on school property. The District shall notify the parent and student of drug and alcohol abuse prevention resources available in the area. Additionally, the District shall recommend that the student submit to a drug and alcohol evaluation. Consequences of positive test results are applicable only to those students who are participating in extracurricular activities or who have on-campus driving privileges. Consequences of positive test results shall be cumulative through the student s enrollment in the District. A student who participates in extracurricular activities or who has oncampus driving privileges and a confirmed positive drug test shall be subject to the following consequences: FIRST OFFENSE Upon a first offense of receiving a confirmed positive drug test, a student shall be suspended from any extracurricular activity and on- 3

5 campus driving and parking privileges for 21 calendar days following the date the student and parent are notified of the positive test results. During the period of suspension, the student shall not be permitted to participate in practices or other activities associated with the extracurricular activity. SECOND OFFENSE THIRD OFFENSE FOURTH OFFENSE END-OF-SEMESTER SUSPENSIONS APPEALS Upon a second offense of receiving a confirmed positive drug test, a student shall be suspended from any extracurricular activity and oncampus driving and parking privileges for 90 calendar days following the date the student and parent are notified of the test results. During the period of suspension, the student shall not be permitted to participate in practices or other activities associated with the extracurricular activity. Upon a third offense of receiving a confirmed positive drug test, a student shall be suspended from participation in any extracurricular activity and on-campus driving and parking privileges for a period of one calendar year following the date the student and parent are notified of the test results. During the period of suspension, the student shall not be permitted to participate in practices or other activities associated with the extracurricular activity. Upon a fourth offense of receiving a confirmed positive drug test, a student shall be suspended from participation in any extracurricular activity and on-campus driving and parking privileges for the remainder of his or her secondary school career in the District. If after a fourth offense, the student can demonstrate to the satisfaction of the District, being drug and alcohol free for more than one calendar year, the District shall reserve the right to conduct a hearing for the purpose of considering reinstatement of student privileges. However, the decision to conduct the hearing to consider reinstatement is at the sole discretion of the District and is not a student right. If a student s suspension from participation for a first or second offense is not completed by the end of the semester, the student shall complete the assigned period of suspension during the following semester or during the first semester of the following school year. Parents may appeal a decision made under this policy in accordance with local appeal procedures. [See FNG(LOCAL)] The student shall be ineligible for participation in extracurricular activities and oncampus driving privileges while the appeal is pending. DATE ISSUED: 02/08//2012 FNF (LOCAL) 4

6 DRUGS WHICH MAY BE TESTED 1-Androstendiol Methadone Androstendiol Methandienone (Methandrostenolone) 1-Androstendione Methandriol Androstendione Methenolone Amphetamine/Methamphetamine Methyl-1-testosterone Barbiturates Methylphenidate Benzodiazepines Methyltestosterone Bolasterone Mibolerone Boldenone Nandrolone Boldione (1,4-androstadien-3,17-dione) Norethandrolone Clenbuterol 19-Norandrostendiol Clostebol (4-chlorotestosterone) 19-Norandrostendione Cocaine Metabolite Opiates Danazol Oxabolone Dehydrochloromethyltestosterone Oxandrolone Dihydrotestosterone (DHT) Oxycodone Drostanolone Oxymesterone Ecstasy (MDMA) Oxymetholone Ephedrine Phencyclidine (PCP) Ethanol Propoxyphene Fluoxymesterone Quinbolone Formebolone (formyldienolone) Stanozolol Formestane (4-Hydroxyandrostendione) Stenbolone Furazabol Testolactone 4-Hydroxytestosterone Testosterone Marijuana Metabolite 1-Testosterone Mestanolone Trenbolone Mesterolone NOTE: This list is subject to change without notice. 5

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