The School Board of Collier County
Administrative Procedures
 

2431.02 - DRUG TESTING

The student drug-testing program is an important statement made by the School District with regard to its stance against the use of unauthorized and illegal drugs and substances by students. It is also an important action on the part of the District to safeguard the health and welfare of all students.

Drug Screening and Testing Students

Definitions: For purposes of this procedure, the following terms and phrases are defined:

 A.Alcohol - shall mean any beverage, mixture or preparation, including any medications or other products, containing alcohol or ethanol.

 B.Chain of Custody Ė refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, storing samples, and reporting test results.

 C.Collection Technician - is a licensed certified specialist in the area of collecting and handling samples for a random drug screening program, and ensuring the preservation of the chain of custody.

 D.Confirmatory Drug Test Ė When initial screening, using two different methodologies, indicates the presence of a specific drug or metabolite in the "A" Sample, the MRO will conclude that the studentís test shall be determined "positive." If this determination is challenged, the "B" sample will then be tested, at the direction of the school, for the suspected drug or metabolite.

 E.Contractor Ė A licensed, certified, and qualified firm, under contract with the District, which will provide services in the areas of sample collection, handling, scientific testing and analysis, and reporting with regard to the Random Student Drug Testing Program.

 F.Covered Activities Ė Students who participate/represent their school in one (1) or more FHSAA-sponsored sports and/or cheerleading are subject to mandatory random drug testing under this policy.

 G.Drugs - shall mean any substances or drugs identified in Schedules I through V of 21 United States Code Section 202 (Controlled Substances Act) and as further defined by 21 C.F.R. 1300.11 through 1300.15 and F.S. 893.03, and shall include, without limitation, cannabinoids (marijuana), amphetamines, methamphetamines, ethanol, cocaine, opiates, and phencyclidine (PCP).

 H.Drug Test or Tests - means any chemical, biological, or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services or licensed by the Agency for Health Care Administration for the purpose of determining the presence or absence of a drug or its metabolites.

 I.Initial Drug Screen Ė is the initial scientific screening, by the contractor, of the urine sample provided by a student during a random drug testing collection event. The sample will be screened for substances identified under this policy. If a positive indicator is detected for one (1) or more of the covered substances, a more scientifically accurate procedure (GC/MS) will be used to confirm the initial result. The second test must be different in scientific principle from that of the initial test or screening procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy.

 J.Medical Review Officer (MRO) - a licensed physician selected and employed by the contractor, who provides services to the District for the purpose of reviewing drug screening results and communicating with the student/parent(s) concerning any positive drug screening/testing results.

 K.Parent - shall mean the parent or legal guardian of a student participating in covered activities.

 L.Positive Initial Screening Sample - When initial screening, using two different methodologies, indicates the presence of a specific drug or metabolite in the "A" sample, the MRO will conclude that the studentís test shall be deemed "positive."

 M.Positive Test Results - A studentís initial drug screen will be considered positive when the quantity of substance or metabolite in the sample is determined to be equal to or greater than the established and recognized industry standard for each individual substance. Testing may be conducted for presence of one (1) or more illegal substances, including but not limited to the following:

  1.Amphetamines

  2.Methamphetamines

  3.Cannabin (marijuana)

  4.Cocaine

  5.Ethanol (Alcohol)

  6.Opiates

  7.Phencyclidine

  8.Other Drugs - If a drug test administered pursuant to this policy is intended to detect the presence of drugs other than those listed above, a determination as to whether such drug test renders a positive result shall be based upon the levels or quantities established for such drugs.

 N.Personally Identifiable Information - means that the data or information includes (any of the following):

  1.the name of a student, the student's parent, or other family member

  2.the address of the student

  3.a personal identifier such as the student's social security number or student number

  4.a list of personal characteristics which would make it possible to identify the student with reasonable certainty

  5.other information which would make it possible to identify the student with reasonable certainty

 O.Prescription and Non-prescription Medications

  1.Prescription means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 (20).

  2.Non-prescription means medication that is authorized pursuant to Federal or State law for general distribution and use without a prescription in the treatment of human disease, ailments, or injuries.

 P.Record and File - means information or data recorded in any medium, including, but not limited to handwriting, print, tapes, film, microfilm, and microfiche.

 Q.Random Student Drug Screening/Testing (RSDT) - is part of a drug prevention program that randomly screens students for drug use when they are involved in covered activities. It is part of a drug prevention program that is intended to be non-punitive. The goal is to deter substance abuse and to provide follow up care and education.

 R.School Staff - is defined as administrative, instructional (professional or paraprofessional), secretarial or clerical, school nurse, Medical Review Officer (MRO) or health worker, or any other personnel designated by the Superintendent.

 S.Sample Ė a product of the human body, specifically a urine sample, capable of revealing the presence of drugs, alcohol, or their metabolites, as defined by the United States Food and Drug Administration or the Agency for Health Care Administration.

 T.Split Sample Ė At the collection point, the Collection Technician will separate the student-provided urine sample into two "splits," and seal and label them "A" and "B." The "A" sample is used for initial screenings, and the "B" sample is frozen and secured, only to be tested in the event of a challenge to the lab result of the "A" sample.

 U.Student Ė is any student enrolled in the District who is participating in or applying for participation in covered activities, including practices and contests under the control and jurisdiction of the District.

High School Drug and Alcohol Screening Coordination

Principals and Activities Coordinators will assist the Coordinator of Student Drug Testing in these areas:

 A.the random student selection process;

 B.coordination of the pre-screening set-up and physical space requirements;

 C.collaboration with the District-appointed contractor during the actual screening process;

 D.providing information to students/parents regarding their rights and responsibilities; and

 E.follow-up and enforcement of the District Student Code of Conduct policy regarding positive drug screening results.

Submission of Rosters

Each activities coordinator or his/her designee must submit to the contractor a comprehensive roster at the start of each of the fall, winter, and spring sport seasons detailing the following information: student name and student ID number.

When students are added to or deleted from rosters after the initial submission, the activities coordinator for each school must immediately forward a revised comprehensive roster to the contractor as soon as it is practical to do so. These students will be added to or deleted from the testing pool upon notification.

Randomness of Drug Screening

Testing days/dates will be randomly selected by the Coordinator of Student Drug Testing. Participating schools and the order in which they begin testing will be selected at random, as well. Information regarding the timing of a random test will be revealed to the building principal or designee only on that testing day. Individual student names and alternates will be selected for testing, by the contractor, from the current rosters of covered sports using a random numerical selection process with which each student's name and identity will remain unknown until all selections have been completed.

Drug Testing Procedures

 A.Consent: Students engaging in covered activities must agree to submit to a random drug test, without prior warning, whenever called upon to do so. The participant and his/her parent must sign a consent form attesting to this fact before the student will be permitted to participate in any manner. Refusal by a student to agree to be screened or tested will render the student ineligible for covered activities.

 B.Screening Selection Process: Random drug screening dates will be selected by the Coordinator of Student Drug Testing at irregular intervals, throughout the school year. On a testing day, up to ten percent (10%) of students participating in covered activities for the current season will be randomly selected to undergo drug screening.

 C.Procedures for Testing Day at School Sites: As early as possible on the morning of testing, the Coordinator of Student Drug Testing will notify the building principal that random student drug screening will take place on that day. Randomly selected student numbers and the estimated time of arrival of the Collection Technicians will be communicated at this time.

 D.The principal, or his/her designee, will take the following actions:

  1.Ensure that the rooms in the Testing Area are reserved and that key personnel are notified, available, and prepared.

  2.Match the randomly selected student names with the rosters listing current athletes and/or cheerleaders, and have class schedules for those students printed. Access to signed Random Drug Testing consent forms for all participants should be readily available.

  3.Assign selected staff the task of visiting classrooms, collecting students, and physically escorting them to the testing area.

 E.Escorting Students to Testing Area - Staff assigned to escort students to the testing area must be restricted to principals, assistant principals, deans/TSAs, activities coordinators, and guidance counselors. These persons should begin retrieving students from classrooms when the Collection Agent indicates that s/he is ready to receive students. Searching for students during passing time should be avoided. All of the randomly selected students should be collected within thirty (30) minutes. Coaches, athletic trainers, secretaries, student-aides, or other persons not listed above should never be sent to retrieve students from classrooms.

 F.Escorts should follow this procedure:

  1.Knock on the classroom door and request that the teacher have the identified student collect his/her personal effects and step into the hall. If the student is present in the classroom, s/he must be released by the teacher, without exceptions. If the student is present, but out of the classroom at the time, ascertain the location of the student and report the whereabouts to a designated staff member who will find the student. If the student is absent from school, report this fact to the staff member monitoring the waiting area. Student names on the alternate list will be chosen for testing in the order in which they appear.

  2.Inform the student that s/he has been selected for random drug-testing, and will be escorted to the testing area, with others selected for testing, without delays or detours.

  3.Deliver the student to the waiting area and check him/her in with the staff member monitoring that room.

 G.Participating Students Who Are Not In Regular Attendance

  1.Home Education Students - Student athletes who are home-schooled will be notified the morning of testing to report to their "athletic" school by 10:00 a.m. to provide a sample. If the student is unable to be contacted or is unavailable that day, the student athlete must report to the school and arrange for the earliest possible date with a Collection Technician to provide a sample. Home school students who fail to comply with these stipulations will be considered as having refused a drug test and will be subject to consequences related with refusal to be tested.

  2.LWIT High School Students Ė When a school determines that one (1) of the athletes on their current roster who attends LWIT High School has been selected for testing, arrangements will be made for a collection technician to visit the LWIT High School and the student will be retrieved from class for testing.

 H.Testing Area - Students selected for random drug screening must remain in the Testing Area until released back to class by a staff member following successful donation of a sample. Ideally, the Testing Area should consist of three (3) rooms in close proximity.

 I.Waiting Area: Students selected for random drug screening will be escorted to this room and checked in with a staff member assigned to supervise the area. Students will remain here until a Collection Technician calls them to the Prep Area. Students may not be excused for any reason, nor may they communicate with anyone outside of the waiting area.

 J.Prep Area: Students will be called to this area individually to receive instructions and sign appropriate medication disclosure forms under the direction of the Collection Technician.

 K.Restroom: The restroom(s) where the student will provide a sample for testing will be a single-toilet bathroom that has been prepared for testing by the Collection Technician. Donation of the student sample will be unobserved.

 L.Collection Technician (Employed by the Contractor) Duties

  1.Prepares testing site to minimize the possibility of sample contamination.

  2.Completes chain of custody documents in the presence of the student.

  3.Provides instruction to student as to proper donation of sample.

  4.Does not observe donation.

  5.Subsequent to successful donation, in the presence of the student, the collection technician splits the sample into vials ("A" and "B" splits), seals the vials, initials, and has the student initial. A staff member will be assigned to witness and verify that the chain of custody of the sample is preserved.

  6.Distribute copies of the Chain of Custody form to the Contractor (the original form accompanies the sample at all times), the student, the building administrator in charge of testing, the collection technician, and the Medical Review Officer (MRO).

  7.Packs the sample splits, along with the Chain of Custody form, seals the packages according to USDOT regulations, and sends overnight via licensed courier directly to the lab facility.

 M.Exceptional Situations
  Shy Bladder Procedure - This procedure is utilized when a student athlete is unable to provide a urine specimen, may have intentionally urinated prior to arriving at the collection site and could not provide a specimen as directed by the collector, has a physical disability making it impossible to provide a specimen, or has a "shy bladder." The term "shy bladder" usually refers to an individual who is unable to provide a specimen either upon demand or when someone is nearby during the attempted urination. If a student athlete tells the collector, upon arrival at the collection site, that s/he cannot provide a specimen, the collector must begin the collection procedure regardless of the reason given. At the point in the collection procedure when the collector and student athlete unwrap/open a collection container, the collector does the following:

  1.Requests the student athlete to try to provide a specimen. Note: The student athlete demonstrates his/her inability to provide a valid specimen when the student athlete emerges from the bathroom with an empty collection container.

  2.Directs the student athlete to drink some fluids. Note: The student athlete is given a reasonable amount of fluid to drink distributed reasonably through a period of up to three (3) hours, or until the student athlete has provided a new sufficient amount of urine, whichever occurs first. While drinking fluids, the student athlete must remain under the direct observation of the collector or a staff member to prevent the student athlete from possibly compromising the collection process. If the student athlete refuses to drink fluids as directed or refuses to attempt to provide a urine specimen, the collection procedure is discontinued and a "refusal to test" form is initiated.

  3.Instructs the student athlete to inform the Collection Technician when s/he is able to provide a sufficient quantity of specimen. Note: The student athlete will attempt to provide a sample every thirty (30) minutes for up to three (3) hours and the attempts will be noted.

  4.Maintains a record of the time of each attempt, whether there was no specimen provided or the quantity of specimen provided, and the total ounces of fluid given to the student athlete.

  5.Discontinues the collection procedure and notifies the parent immediately of a potential "shy bladder" situation if after a period of three (3) hours (i.e., from the time the student athlete first demonstrated that s/he was unable to provide a sufficient quantity of specimen) and the student athlete is still unable to provide an adequate specimen.

  6.Students may only have one "shy bladder" incident. Without documentation from a physician, a second "shy bladder" incident shall be treated as an intentional failure to provide and shall be subject to the same consequences as students who refuse to be tested.

 N.Specimen Contamination - If it is determined (at the time of sample donation or subsequent to lab testing) that a student has deliberately adulterated or contaminated the sample in some manner, or attempted to use a masking agent, the student shall be informed that s/he will be suspended from all extra-curricular activities for one (1) calendar year from the date of notification. Staff will attempt to contact and inform parents of the studentís rights regarding due process if this occurs.

 O.Refusal to Submit - If a student refuses to submit to drug-testing when requested, after having submitted a duly executed consent form, the student shall be informed that s/he will be suspended from all extra-curricular activities for one (1) calendar year from the date of notification. The student will be required to sign a form attesting that s/he is refusing to submit to testing and is aware of the consequences. Staff will attempt to contact and inform parents of the studentís rights regarding due process if this occurs.

Lab Site Testing Protocols

 A.Collection sample packages are unsealed by certified lab technicians, who check that seals are intact in order to ensure that the chain of custody has been preserved. The "A" sample is opened for testing at the lab; "B" sample is locked in secure storage and frozen.

 B.Initial Screening of the "A" Sample:

  1.If the initial screening results are negative for any covered substances, the test will be determined "negative," and reported as such. The remainder of the "A" sample is destroyed and no further testing will occur.

  2.If the initial screening results are positive for any covered substances, a second test is performed, for the suspected substance only, using a more rigorous scientific method.

 C.Second Screening of the "A" Sample:

  1.If GC/MS testing returns a negative result for the suspected substance, the test will be determined "negative," and reported as such, with no distinction. The remainder of the "A" sample is destroyed and no further testing will occur.

  2.If the second test is non-negative for the suspected substance, the information is sent to the MRO for investigation.

Medical Review Officer's Review

 A.The Medical Review Officer (MRO) will receive all reports of positive drug test results and will be supplied with information to determine the correct name of the student whose identifying number appears on each positive test result report. The MRO shall have knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate a student's confirmed positive drug test result, together with his/her medical history or any other relevant biomedical information that the student or his/her parents wish to provide. Prior to verifying a positive drug test result, the MRO shall make a reasonable attempt to contact the parents of the student whose name coincides with the identifying number on the alleged positive drug or alcohol test report. This affords the student and parents the opportunity to confidentially discuss the test results with the MRO and provide the MRO with the student's medical history and any other relevant biomedical information that might assist in determining whether the studentís tests results are truly positive for illicit drugs or alcohol or may be as a result of a studentís health history and possible diet or medication ingestion. If the MRO cannot contact the parent, the school principal or designee will attempt to do so.

 B.If the MRO verifies that a drug or alcohol test result reported by the laboratory is indeed positive for illicit drugs or alcohol, then the MRO shall submit a report of that positive drug or alcohol test result to the student's school principal identifying the student by name. Activity/Athletic Code of Conduct procedures will be employed.

 C.If the MRO determines that a studentís test result should be deemed negative, no further action shall be taken and the student's test result, along with all other previous negative screening and/or test results, will be reported to the school principal as a negative result with no distinction.

Medication

 A.Students who are currently taking or have recently taken prescription or non-prescription medications and/or supplements will be asked to disclose this fact when requested by the Collection Technician at the time they are screened. Failure to provide this information to the screener may produce a test result that leads to temporary suspension of the studentís eligibility to participate in covered activities.

 B.If testing returns a positive result for a substance that was not disclosed prior to the screening process and the student feels that the outcome may be due to the ingestion of an undisclosed substance, the student may appeal the result. This appeal must be made in writing to MRO within five (5) business days from the date of notification. During the appeal, the studentís eligibility to participate in covered activities will be temporarily revoked.

 C.If testing returns a positive result for a disclosed prescription medication, the student must provide valid written documentation of the medication prescription or a prescribing physician's authorization/statement. This information must be received within five (5) business days from the date of notification. The student would remain eligible during this five (5) day period.

Confirmatory Testing Sample

 A.When a studentís initial screening indicates a positive result for the presence of one (1) or more of the suspected substances, and the result has been confirmed by the MRO, parents/students may decide to request that an analysis of the "B" sample be performed by the contracted lab or choose to have the B sample sent to another certified laboratory facility to perform confirmatory drug testing on the sample. This request must be made to the MRO, in writing, within five (5) days of notification. All costs and expenses associated with the performance of Confirmatory Testing must be paid in advance, by the student/parents requesting the test, to the MRO. The student will remain ineligible to participate during this period.

 B.If Confirmatory Testing returns a positive result for the substance indicated in the original report, the MRO shall submit a report of that positive drug or alcohol test result to the student's school principal, identifying the student by name, so that the appropriate action can be taken pursuant to this policy.

 C.If Confirmatory Testing returns a negative result for the substance indicated in the original report, the MRO shall report this finding to the student's school principal identifying the student by name. No further action shall be taken and the student's test result will be recorded as a negative result with no distinction.

Reporting Negative Test Results To Students

If a studentís test result is negative s/he will be informed of this fact as soon as it is practical to do so by the school principal or his/her designee.

Secure Record-Keeping and Filing

The principal, or designee, will have the responsibility of completing the Summary Report and securing all forms used during the administration of random student testing. All records of random student drug screening activities must remain confidential. These records shall be kept in a lockable filing system, under the supervision of the building principal.