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Date Approved: October 12, 2006 |
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The Columbia School District is dedicated to providing a drug-free learning environment. In an effort to protect the health and safety of students from illegal and/or performance-enhancing drug use and abuse, and to curtail the use of such drugs, the Columbia School District Board of Trustees adopts the following policy for random drug testing of all students in grades seven (7) through twelve (12) who participate in extracurricular activities, co-curricular activities, or who seek a privilege for which a school permit is required (i.e., operating a motor vehicle on campus). STATEMENT OF PURPOSE AND INTENT Although the Board of Trustees, administration, faculty and staff desire that no student use illegal or performance-enhancing drugs, the authority to restrict use is limited. Therefore, this policy governs only the use of illegal and performance-enhancing drugs by students engaging or participating in activities identified above. This policy supplements and complements all other federal, state, and local policies, rules, and regulations regarding use and possession of drugs, including, but not limited to, policies, rules, and regulations regarding student searches, student conduct, and reasonable suspicion of use or possession of drugs. The purposes of this policy are as follows:
DEFINITIONS “Eligible Students” – All students in grades seven (7) through twelve (12) who participate in extracurricular activities, co-curricular activities, or who seek a privilege for which a school permit is required (i.e., operating a motor vehicle on campus) are included in the pool of eligible students to be randomly selected for drug testing. See Appendix A for a list of extracurricular and co-curricular activities. Parents/guardians of a student who does not participate in any of the activities, programs, and/or privileges covered under this policy may request that their child be included in the pool of eligible students. Procedures and consequences are the same for all participating students. “Drug Use Test” – A scientifically substantiated method to test the presence of illegal or performance-enhancing drugs, or the metabolites thereof, performed by an independent drug testing agency will be used for purposes of this policy. “Random Selection Basis” – Eligible students will be selected randomly by means of a mechanism that 1) results in an equal probability that any eligible student will be selected, 2) does not give the school district the discretion to waive the selection of any eligible student, and 3) is administered by a professional drug testing agency employed by the district. “Illegal Drugs” – Drugs considered to be illegal include any substance that a student may not sell, possess, use, distribute, or purchase under either federal or Mississippi law. Illegal drugs also include, but are not limited to, all controlled drugs as defined by state or federal law, all prescription drugs obtained without authorization, and all prescription and over-the-counter drugs being used for an abusive purpose. “Performance-Enhancing Drugs” – Drugs considered to be performance-enhancing include anabolic steroids and any other natural or synthetic substance used to increase muscle mass, strength, endurance, speed, or other athletic ability. The term does not include dietary or nutritional supplements such as vitamins, minerals, and proteins that can be lawfully purchased over-the-counter. “Positive Test Result” – The results of a toxicological test that reveals the presence of an illegal or performance enhancing drug, or the metabolites thereof, by using the standards customarily established by the drug testing agency administering the drug test is considered to be a positive test result. PROCEDURES Participation in activities/programs which causes a student to be defined as an “eligible student” is a privilege. Consent to drug testing is a mandatory prerequisite for students to participate in such activity/program. Each eligible student shall be given a copy of this policy and of the Columbia School District Participant’s Pledge/Consent/Release Form. Both the student and his/her parent/guardian must read, sign, and date the form. No student shall be allowed to practice or participate in any activity/program to which the policy applies until he/she has returned the fully executed form. See Appendix B - Participant’s Pledge/Consent/Release Form Annually, principals and a representative of the independent drug testing agency will present an informational session to students to educate them about the sample collection process, privacy arrangements, drug testing procedures, consequences of positive drug tests and related procedures and practices. The purpose of the session is to reassure the student, to avoid embarrassment or uncomfortable feelings about the drug testing process, and to give notice of the consequences of a positive test result. Eligible students will be chosen on a random selection basis from a list of student identification numbers of all eligible students regardless of whether the activities/programs are off-season or in-season. Ten percent (10%) of eligible students will be randomly selected a minimum of four times during the school year. An independent drug testing agency will select the student identification numbers at random and will present the numbers to the Superintendent or his/her designee. The Superintendent/designee will deliver the list to the principals at Columbia High School and Jefferson Middle School to identify names of students whose ID numbers have been selected. A designated restroom will be secured and a certified collector will be posted at the door. Students will be called in individually to provide a urine specimen. The specimen will be placed in a tamper proof bag and placed in a secure location until all specimens have been collected. The drug testing agency shall conduct all aspects of the drug-testing program, including the taking of urine specimens, so as to safeguard the student’s personal and privacy rights to the maximum degree practicable. The test specimen shall be obtained in a manner designed to minimize intrusiveness to the student. If, at any time during the sampling procedure, the drug testing agency employee has reason to believe or suspect that a student is tampering with the specimen, the drug testing agency employee may stop the procedure to determine if a new sample should be obtained. The drug testing agency employee shall give each student a form on which he/she may list any legally prescribed medication he/she has taken in the preceding thirty days. The student’s parent/guardian shall be able to confirm the medication list submitted by the student during the twenty-four hour period following any drug test. The medication list shall be submitted to the drug testing agency in a sealed and confidential envelope so that district employees shall not see the confidential medication list. If test results are positive for use of prescription drugs the student did not list, the drug testing agency will attempt to contact directly the student’s parent/guardian to obtain a list of all prescription medications the student is taking or has taken for the preceding thirty days and to permit the parent/guardian to submit verification of prescriptions within twenty-four (24) hours. If the parent/guardian does not respond to the drug testing agency’s calls within forty-eight (48) hours of its first attempt to contact, the drug testing agency shall have no further duty to attempt to contact the parent/guardian. The school will continue its attempt to contact the parent/guardian as outlined in the consequences section of this policy. If the drug testing agency reports a positive test result for prescription medications to a student’s parent/guardian, they may submit additional information to the drug testing agency within twenty-four (24) hours of notification of the positive test result. The student will be allowed to continue to participate in an activity/program until the drug testing agency has completed its review of the additional information and make a report of a positive test result to the principal and the Superintendent/designee. Positive test results are cumulative (i.e., A student who tests positive in one school year and tests positive again in another school year will be subject to the consequences of a second positive test result .) TESTED SUBSTANCES The Board will maintain a list of substances for which students may be screened. The list is subject to review and change without advance notice. The list may include, but not be limited to the following: alcohol, amphetamines, barbiturates, benzodiazepines, benzoylecgonine-cocaine metabolites, marijuana metabolites, methadone, methaqualone, opiates, phencyclidine, and propoxyphene. Any illegal or illicit drug may be included on the list, and any student who is included in the screening pool is subject to being tested for all or any combination of drugs on the screening profile without advance notice. TEST DAY CHECK-OUTS, CHECK-INS, OR ABSENCES A student who is subject to random testing and is absent on the day of the random drug screening will not be penalized should his/her name be on the random list for testing that day; however; his/her name may be included in the next screening. A student who is subject to random testing and is absent when the random drug screening process begins but checks in before the process is complete will be subject to a drug test at the time of check-in should his/her name be on the list of randomly generated names for that day. A student who possesses a check-out note from a parent or guardian that specifies a time and date when a student should be permitted to check out will be permitted to check out at the predetermined time. Should his/her name be on the randomly generated list of testing on that day, he/she may be included in the next screening. It will be considered a refusal to test if a student whose name is on the randomly generated list of students to the be tested asks to call his/her parent to come and check him/her out after the drug testing agency has come on campus. CONFIDENTIALITY The drug testing agency will notify the principal of the school the eligible student attends and will also notify the Superintendent or his/her designee of any positive test results. To keep the results confidential, the principal will notify only the student, the student’s parent/guardian, and the coach/teacher/sponsor of the activity/program in which the student participates of the test results. Test results will be kept in files separate from the student’s other educational records, shall be disclosed only to those school personnel who have a need to know, and will not be turned over to law enforcement authorities. Records of a student’s positive initial or confirmation drug and/or alcohol test results shall be kept until he/she turns 18 years old or leaves the school system whichever comes later. CONSEQUENCES Eligible students who have a positive drug test under this policy shall be subject to the following consequences: First Positive Test
Failure to meet these conditions will result in a forty-five (45) school day exclusion from covered activities, programs, and/or privileges. Second Positive Test
Failure to meet these conditions will result in a ninety (90) school day exclusion from covered activities, programs, and/or privileges. Subsequent Positive Tests
Failure to meet these conditions will result in exclusion from covered activities, programs, and privileges. REFUSAL TO SUBMIT TO DRUG USE TEST If an eligible student refuses to submit to a drug test, he/she shall be considered in violation of the consent agreement and shall be barred from specified activities, programs, and privileges for one calendar year. APPEAL The school district will rely solely on the opinion of the drug testing agency to determine whether the positive test result was produced by something other than consumption of an illegal or performance-enhancing drug. There can be an appeal of the test results of the drug testing agency to the principal, the Superintendent, and finally to the Board of Trustees. If, however the student has tested positive for a second time, the student may appeal to the Superintendent who will make a determination which can then be appealed to the Board of Trustees. Appendix A
Jefferson Middle School
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