| Shelbyville Central School Corporation |
| Bylaws & Policies |
5530.01 - DRUG TESTING - HIGH SCHOOL
INTRODUCTION
This program will not affect the policies, practices, or rights of the Corporation in dealing with drug and/or alcohol possession or use where reasonable suspicion is obtained by means other than random sampling providing herein. Shelbyville Central also reserves the right to request the parent of any student who exhibits cause for reasonable suspicion of drug and/or alcohol usage to permit testing, or deny drug testing to a student and follow current practices as outlined in the Due Process Procedures.
OBJECTIVE FACTS LEADING TO REASONABLE CONCERN
The results of a recent study conducted by a local judge suggest that there is a drug and alcohol problem in the schools in Shelby County.
The impact of the study of the statistics directly affects the mission of Shelbyville Central. On a daily basis, attitudes and achievement of students are negatively impacted. Trying to teach a dulled and passive mind is a nearly fruitless endeavor. Appropriate amounts and rates of learning cannot occur when a mind fed by substance-filled blood is present.
SUBSTANCE ABUSE IS ILLEGAL. It is danger to physical health. It is an insurmountable obstacle to learning.
ACHIEVABLE GOALS, BOUNDARIES, AND LIMITS OF THE PROGRAM
This education and testing program is intended as a helpful part of the overall physical and mental educational programs of the Shelbyville Central Schools. It is intended as a medical diagnostic aid in disclosing possible drug-related problems and as an extension of our educational substance abuse programs. Continuing substance abuse obviously is inconsistent with participation in school and the program includes appropriate procedures for dealing with any such problems. Additionally, students can voluntarily and confidentially report personally observed drug transactions. The curriculum will cover all grade levels and teach and reinforce the substance abuse free schools' message.
OBLIGATION TO GOVERN THE MEDICAL CONDITION OF STUDENTS
I.C. 20-8.1-7 sets out health measures to be governed by school officials. Most specifically, I.C. 20-8.1-7-2 establishes the responsibility of schools to assist children found to be ill or in need of treatment.
USE MADE OF RESULTS
THE PURPOSE OF THIS PROGRAM IS TO IDENTIFY A STUDENT WITH DRUG RESIDUES IN HIS/HER BODY, TO PROVIDE NOTIFICATION TO THE CUSTODIAL PARENT(S)/GUARDIAN(S), AND TO EDUCATE, HELP AND DIRECT STUDENTS AWAY FROM DRUG AND ALCOHOL ABUSE AND TOWARD A HEALTHY, SAFE, AND DRUG-FREE PARTICIPATION IN SCHOOL ACTIVITIES.
A toxicology firm selected by the School Board will be used to conduct the testing and to provide the training for those who will supervise the program.
In the event that the student test positive s/he, along with the custodial parent(s)/guardian(s), will meet with an administrator. During this meeting the positive testing will be reported to the student and parent(s)/guardian(s). The student and the parent(s)/guardian(s) will be told the consequence for their student having tested positive.
SCHOOL AND COMMUNITY PARTNERSHIP
The elimination of drug and alcohol abuse is the goal of this program. Due to the objective facts described above, and considering the established need to identify effective alternatives to address the problem more effectively, the substance abuse problem at Shelbyville Central needs to be comprehensively addressed in order to ensure the health and the safety of our students. A substance-abuse free environment must be the stated goal of the Corporation, and the support and cooperation of the entire community is essential if the goal is to be realized.
PROCEDURE
Students in grades 9 through 12 and his/her parent or guardian must sign a drug testing waiver form for the student to be eligible to participate in any one (1) or combination of the following:
| A. | on a voluntary basis | ||
| B. | drive a car to school | ||
| C. | all extra-curricular activities, participants including athletes, intramural sports participants, cheerleaders (female/male), student managers, band members, majorettes, choir members, variety show participants, May Festival participants, student council member, academic team members, homecoming court members, prom court members, May court members, snowcoming members, and members of other school sanctioned clubs |
These rules are in effect at any time for the entire year even though the individual(s) may not be participating in an extra-curricular activity at the time of the violation.
All of these activities require that a student be at his/her best and chemical-free in order to provide a safe environment not only for themselves, but also for other students who potentially could be affected.
A urine specimen will be given on site and will involve supervision by an assistant principal and the school nurse. The administrator will go to the class and escort the student to be tested to the test site.
The test result will remain confidential. Only the principal and the assistant principals along with the student and his/her parent(s) or guardian(s), will know the results.
If the student tests positive, s/he, along with the parent(s), will meet with the principal or assistant principal. During this meeting the administrator will explain to the student and the parent(s)/guardian(s) that the student will be penalized according to the Extra-Curricular Participation Rules described in the High School Student Handbook. The administrator will encourage the parent(s)/guardian(s) to seek professional help for the student.
PENALTIES
Penalties will follow the Extra-Curricular Activities Code.
Those testing positive who are driving to school will have permission to drive to school revoked for the car and the individual according to the percentages outlined in the ECA Code.
MISCELLANEOUS
Students involved in two (2) or more activities at the time of the violation will be suspended from all such activities.
The selection of students to be tested will be done randomly from time to time during the school year. Each student will be assigned a number and that number will be placed in a box when testing is to occur. The toxicology firm will draw the student numbers required for that testing.
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 test or outside influences.
All students will remain under school supervision until they have produced an adequate specimen. If they cannot produce a specimen, the student will be given one (1) eight (8) ounce glass of water. If they are still unable to produce a specimen within two (2) hours, they will be taken to the office and told that they are no longer eligible for the categories of activities/privileges referred to in "Procedures" above. In addition, parents will be telephoned and informed that the student is being uncooperative in the testing procedure and that s/he may be tested at a later date to be reinstated for eligibility.
All specimens registering below 90.5 degrees or above 99.80 degrees Fahrenheit will be invalid. There is a heat strip on each of the specimen bottles indicating the validity of the urine sample by temperature. If this occurs, another sample must be given by the student.
If it is proven that tampering or cheating has occurred during the testing, the student will become ineligible for all the items previously listed for one (1) calendar year. This will be reported to the parents.
Urine specimens that are found to be diluted will be judged invalid and the student will be re-tested as soon as possible.
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 testing area. The nurse or the administrator must time and sign the pass.
CHAIN-OF-CUSTODY
A school administrator will be responsible for escorting the students to the test site. The student should bring all materials with him/her to the test site and should not be allowed to go to his/her locker before entering the testing area. The administrator should bring all the students drawn from the pool to the testing site simultaneously.
Once at the testing site, the student must sign in and, as soon as called by the nurse, provide a urine specimen.
The nurse will give each student being tested a specimen bottle. At that time the student will sign a verification form indicating the bottle is untainted. The bottle will remain in the student's possession until a seal is placed upon the bottle by the nurse. The student and nurse will sign that the specimen has been sealed. The seal may be broken or opened by only the lab testing the specimen.
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 tested again as soon as possible. The student will remain eligible until tested positive.
The students will enter the restroom designated by the nurse. The nurse will supervise the entrance for the girl's restroom and the male administrator will supervise the entrance for the boy's restroom. Students will be instructed to remove all coats and wash their hands in the presence of the supervisors prior to entering the restroom. The door will be closed with the student by himself/herself in the restroom to provide a urine specimen. The supervisor 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.
The specimen will be transported to the testing laboratory by the lab personnel. The testing laboratory will report the results to the principal.
POSITIVE TEST RESULTS AND APPEAL
In the event a student tests positive, s/he, along with the parent(s)/guardian(s), will meet with the school administrator. During this meeting the positive testing will be reported to the student and the parent(s)/guardian(s). The student and the parent(s)/guardian(s) will also be told that a restriction from driving to and from school and participation in the extra-curricular activities previously listed. The severity of the penalty will be in accordance with the Extra-Curricular Code. The student will be tested at the end of the restriction from activities at the cost of the parent(s)/guardian(s).
The student or his/her parent(s)/guardian(s) may appeal by requesting that the urine sample be tested again by the lab at a cost to the student or his/her parent(s)/guardian(s) (if the student tests positive again).
Multiple positive results from testing are indicative of continued substance use and will mean that the student will be referred for professional evaluation paid by the parent(s)/guardian(s). The student will not be allowed to return to the restricted program(s) until professional evaluation and treatments are completed and another drug test, at the parent(s)/guardian(s) expense, indicates that the student is drug free.
TEST RESULTS REPORTING PROCEDURE
The program seeks to provide needed help for students who test "positive". The school will also administer discipline in accordance with the School Board policy. The "safety factor" will be the primary reason for restricting students from participating in activities.
In this program, the Shelbyville High School administration will be notified by the testing lab of a student testing "positive", and the administrator will notify the parent(s)/guardian(s) and the student (in person). The meeting will occur in the administrator's school building/office. The administrator will provide the parent(s)/guardian(s) with the names of agencies that can be of help to the student. The administrator will notify the student and parent(s)/guardian(s) of any disciplinary action, based on the policies/procedures as outlined in the Shelbyville High School Student Handbook (The Beacon). Information on a "positive" test result will only be shared on a "need-to-know" basis such as teachers, sponsors, coaches, athletic director, etc. The results of a drug test that returns "negative" will be kept confidential to protect the identity of all students being tested.
STUDENT-REPORTING PROCEDURE
In the event that a student desires to report anonymously the personally-observed use of drugs or other chemical substances by another student, it is recommended that the following procedure be used:
| A. | The student may go to any guidance counselor with the concern. | ||
| B. | If a guidance counselor is contacted, the counselor will contact the principal or assistant principal with the reported information concerning personally-observed use of drugs or any other chemical by another student. | ||
| C. | The assistant principal will contact the student's parent(s)/guardian(s) with the information that was observed personally by the student. The assistant principal will recommend to the parent(s)/guardian(s) that the student be tested through the Shelbyville Central School Drug Testing program. The school will request a copy of the test results and, if the test results are "positive", counseling agencies will be recommended to help the student and the parent(s)/guardian(s) with treatment alternatives. No penalty will be enforced when a student is reported anonymously. |
OUR GOAL, WITH THE HELP OF THE PARENT(S)/GUARDIAN(S), STUDENTS AND THE SCHOOL STAFF WORKING TOGETHER, IS THAT OUR SCHOOL ENVIRONMENT BE DRUG-FREE.
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)
Adopted 6/10/97
Revised 4/17/07