| Jennings County School Corporation |
| Bylaws & Policies |
5530.01 - EXTRA-CURRICULAR ACTIVITIES AND DRIVER DRUG TESTING PROGRAM
The effective date of this program is August 1, 2007. This program does not affect the current policies, practices, or rights of the Jennings County School Corporation with drug and/or alcohol possession or use, where reasonable suspicion are obtained by means other than drug testing through this policy. JCS reserves the right to test any student who at any time exhibits cause for reasonable suspicion of drug and/or alcohol usage.
Reasonable Concern
JCSC has a strong commitment to the health, safety and welfare of its students. Results of studies throughout the United States, and an increased substance abuse problem in the county indicate that education alone, as a preventive measure, is not effective in combating substance abuse. Statistics show that the mission of the JCSC has not been realized. Our commitment to maintaining the extra-curricular activities in JCSC as a safe and secure educational environment requires a clear policy and supportive programs relating to detection, treatment, and prevention of substance abuse by students involved in extracurricular activities. This policy also includes any student who wishes to operate a motor vehicle when driving to school, from school or during school.
Purpose
The drug-testing program is not intended to be disciplinary or punitive in nature relative to a student's right to an education. Students involved in extracurricular activities need to be exemplary in the eyes of the community and other students. It is the purpose of this program to prevent a student from participating in extra-curricular activities while s/he has drug residues in his/her body. It is also the purpose of this program to educate, help, and direct students away from drug and alcohol abuse and toward a healthy and drug free participation in extra-curricular activities. No student shall be expelled or suspended from the educational program as a result of any verified "positive" test conducted by his/her school under this program other than stated herein.
Participation in extra-curricular activities is a privilege. This policy applies to all JCSC students in grades 9-12 who wish to participate in extra-curricular activities that are listed in the current
Jennings County High School: Curricular/Co-Curricular Organization Code of Conduct and Jennings County High School: Student Athlete Handbook. It also includes any student who wishes to drive a motor vehicle to school, from school, or during school to a school sponsored program.Legal Obligation
Indiana Code 20-34-3 sets forth health measures to be governed by school officials. Most specifically, Indiana Code 20-34-3-9 establishes the responsibility of schools to assist children found to be ill or in need of treatment.
Drug Education
The sponsor or coach of each extra-curricular activity will require the attendance of all prospective participants at one or more drug education sessions. Each prospective participant shall receive a copy of this policy. The policy will be explained to them at that time. An educational presentation will also be made to educate the student about the harmful effects and consequences of alcohol and other drug abuse. Students will receive information as to where they can seek professional help, if needed, for a use or abuse problem.
Student drivers will also be required to attend one or more drug education sessions. Each student driver shall receive a copy of this policy. The policy will be explained to them at that time. An educational presentation will also be made to educate the student driver about the harmful effects and consequences of alcohol and other drug abuse. Student drivers will receive information as to where they can seek professional help, if needed, for a use or abuse problem.
Consent Form
It is mandatory that each high school student who wished to participate in extra-curricular activities sigh and return the "consent form". A copy of the consent form shall be dated and signed by the student and the student's parent(s) or guardian(s). In doing so, the student is agreeing to participate in the random drug-testing program at the high school. Failure to do so will result in non-participation.
It is mandatory that each high school student who wished to drive to school or an activity sponsored by the Corporation sign and return the "consent form". A copy of the consent form shall be dated and signed by the student and the student's parent(s) or guardian(s). In doing so, the student is agreeing to participate in the random drug-testing program at the high school. Failure to do so will result in a denial of driving privileges.
Testing Procedures
| A. | The selection of participants to be tested will be done randomly by the test administrator, and selections will be made from time to time throughout the school year. Names will be drawn from one large pool of those agreeing to be tested. Student participants in extra-curricular activities and student drivers are considered members of the testing pool from the time of their entry into the testing pool for a period of one (1) year or until the next registration period. Testing may occur on a different day, Monday through Saturday. This variable schedule will keep students conscious of the possibility of being tested at any time during the year. Each student will be assigned to a number that will be placed in the pool. | |
| B. | No student will be given advance notice or early warning of the testing. In addition, a strict chain of custody will be enforced to eliminate invalid tests or outside influences. | |
| C. | Upon being selected for a urinalysis test under this policy, either by random draw, reasonable suspicion, request of a parent/guardian, or a "follow-up test", a student will be required to provide a urine sample according to standard collection procedures. | |
| D. | All students will remain under school supervision until they have produced an adequate urine specimen. If any student is unable to produce a specimen during the collection period, the student will be given twenty-four (24) ounces of fluid. If still unable to produce a specimen within two (2) hours, the student will be taken to the principal or his/her designee and told that s/he will be unable to participate in extra-curricular activities or drive to school unless a test sample is provided within twenty-four (24) hours at a designated site. | |
| E. | A student's parent will be notified when his/her student has been tested. Notification will be made via a phone call if possible. If phone contact cannot be made, notification will be made via first class mail. | |
| F. | All specimens registering below ninety (90) degrees or above 100 degrees Fahrenheit will be invalid. There is a heat strip on each of the specimen bottles indicating the validity of the urine specimen by temperature. If this occurs, another specimen must be given by the student. | |
| G. | If it is proven that tampering or cheating has occurred during the collection, the student will become ineligible for all the "extra-curricular activities" or "driving" for a period of the school year. This will be reported to the parent/guardian. | |
| H. | Immediately after the specimen is taken, the student may return to class with an admit slip or pass with the time s/he left the collection site. The principal/administrative designee must time and sign the pass. | |
| I. | The specimens will then be turned over to the testing laboratory, and each specimen will be tested for alcohol and "street drugs" (which may include all drugs listed as controlled substances under the laws of the State of Indiana). Also "performance enhancing" drugs such as steroids may be tested. | |
| J. | The laboratory selected must follow the standards set by the Department of Health and Human Services. It must be certified under the auspices of the Clinical Laboratory Improvement Act (CLIA) and the Joint Commission of Accreditation of Healthcare Organizations (JCAHO). |
Chain of Custody
| A. | The certified laboratory will manage the testing program, set-up the collection environment, and guarantee specimens and supervise the chain-of-custody. To maintain anonymity, the student's number, not name will be used. | |
| B. | The principal/administrative designee will be responsible for escorting students to the collection site. The student should bring all materials with him/her to the collection site and should not be allowed to go to his/her locker. | |
| C. | Before the student's urine sample is tested by the laboratory, the student will agree to fill out, sign and date any form which may be required by the testing laboratory. If a student chooses, s/he may notify the test administrator that s/he is taking a prescription medication. | |
| D. | A sanitized kit containing a specimen bottle will be given to each student. The bottle will remain in the student's possession until a seal is placed upon the bottle. The student will sign that the specimen has been sealed. The seal may be broken only by the lab testing the specimen. | |
| E. | If the seal is tampered with or broken, after leaving the student's possession and prior to arriving at the lab, the specimen is invalid. The student will be called again as soon as possible. The student will remain eligible for extra-curricular activities subsequent to a retest. | |
| F. | The collector obtaining the urine specimen will be of the same gender as the student. Students will be instructed to remove all coats and wash their hands in the presence of the collector prior to entering the restroom. The door will be closed so that the student is by himself/herself in the restroom to provide a urine specimen. The collector will wait outside the restroom. The commode will contain a blue dye so the water cannot be used to dilute the sample. The faucets in the restrooms will be shut off. If unable to produce a specimen, the student will be given twenty-four (24) ounces of fluid. If still unable to produce a specimen within two (2) hours, the student will be taken to the principal or his/her designee and told that s/he will be unable to participate in extra-curricular activities or drive to school unless a test sample is provided within twenty-four (24) hours at a designated site. | |
| G. | After is has been sealed, the specimen will be transported to the testing laboratory by collection personnel. The principal or his/her designee (in his/her absence) will be informed of any student who tested positive. At the end of the year, the principal will be provided with a report indicating the total number of positive tests (initial, second, third, etc.) as well as the total number of students tested. | |
| H. | In order to maintain confidentiality, the container containing the urine specimen to be tested will not have the name of the student on the container. Instead, the student's random identification number will appear on the container. The results sheet for the urinalysis will be mailed back to the principals or his/her designee with no name attached; only the students' random identification numbers will appear on the results sheet. |
Test Results
| A. | This program seeks to provide needed help for students who have a verified "positive" test (that is, if a test shows drug residues are in the student's system after using at least two (2) different types of analysis). The student's health, welfare, and safety will be the reason for preventing participation in extra-curricular activities or operating a motor vehicle on school property. | |
| B. | The principal/administrative designee will notify the student and his/her parent/guardian. The student or his/her parent/guardian may submit any documented prescription, explanation, or information which will be considered in determining whether a "positive" test has been satisfactorily explained. | |
| C. | If the test is verified "positive", the principal/administrative designee will meet with the student and his/her parent/guardian at a school corporation facility. The student and parent/guardian will be given the names of counseling and assistance agencies that the family may want to contact for help. The student will be prevented from participating in extra-curricular activities or operating a motor vehicle on school property, until after a "follow-up" test is requested by the principal/administrative designee and the results are reported. |
| D. | A follow-up test will be requested by the principal/administrative designee after such an interval of time that the substance previously found would normally have been eliminated from the body. If this "follow-up" test is negative, the student will be allowed to resume extra-curricular activities and operating a motor vehicle on school property. If a second "positive" result is obtained from the "follow-up" test, or any later test of that participant, the same previous procedure shall be followed. In addition, the schools reserve the right to continue testing at any time during the remaining school year any participating student who tested "positive" and did not provide satisfactory explanation. | |
| E. | Information on a verified "positive" test will be shared on a "need to know" basis with the student's coach or sponsor. The results of the "negative" tests will be kept confidential to protect the identity of all students being tested. | |
| F. | Drug testing result sheets will be maintained by the test administrator. Any notifications from the test administrator to the principal will be locked and secured in a location that only the principal has access to. |
Financial Responsibility
| A. | Under this policy, the schools will pay for all initial random drug tests, all initial reasonable suspicion drug tests, and all initial "follow-up" drug tests. (Once a student has a verified "positive" test result and has subsequently tested negative from a "follow-up" test, any future "follow-up" drug test that must be conducted will be paid for by the student or his/her parent/guardian). | |
| B. | A request on appeal for another test of a "positive" urine specimen is the financial responsibility of the student or his/her parent/guardian. | |
| C. | Counseling and subsequent treatment by non-school agencies is the financial responsibility of the student or his/her parent/guardian. | |
| D. | No tax supported funds will be utilized to finance this program. Grant funds, such as the Safe and Drug Free Grant, would be used. | |
| E. | The results of this program will be reported to the Board of School Trustees annually. If it does not have a positive impact on reducing the number of expulsions related to drug and substance use, then it is to be reviewed as to the value of its continuation. |
Confidentiality
Under this drug testing program, any staff, coach or sponsor of the schools who may have knowledge of the results of a drug test will not divulge to anyone the results of the test or the disposition of the student involved, other than in the case of a legal subpoena being made upon that person in the course of a legal investigation. Once again, this will underscore the JCSC's commitment to confidentiality with regards to the program.
Other Rules
Apart from this drug-testing program, the high school and the coaching staff/sponsor of each sport/activity have their own training rules and requirements. Coaches/sponsors have the necessary authority to enforce those rules. Any student who violates a rule or requirement as a member of a team or activity will be subject to the consequences as defined in those rules and requirements.
I.C. 20-26-3
I.C. 20-26-5-4
I.C. 20-30-15-6
Linke v. Northwestern School Corporation (763 N.E. 2nd 972)