| Springfield-Clark Career Technology Center |
| Bylaws & Policies |
2431.01 - SCHEDULED AND RANDOM URINE DRUG TESTING OF STUDENTS
Overview
The procedure for the initial, random and reactionary drug testing of students in curricular, extra-curricular and co-curricular activities, and students wising to obtain a parking permit, is accomplished in conjunction with an independent drug testing Vendor selected by the Board of Education. Following the initial testing, the Vendor is provided a list of eligible students by the Executive Director or their designate and in turn randomly selects up to twenty percent (20%) of the students for drug testing at random intervals. Reactionary drug test of students will be given to the Vendor when applicable. The Vendor will send qualified collectors to the school who will oversee the collection of all specimens as outlined in this document. The Vendor will provide Medical Review Officer (MRO) services for the interpretation and verification of the results. Results are reported to the Executive Director, the assigned designate, or the Superintendent by the MRO. Specimens are collected as split specimens.
| A. | Statement of Need and Purpose | ||
| Recognizing that observed and suspected use of alcohol and illicit drugs by Springfield Clark Career Technology Center students is a serious concern, a program of deterrence will be instituted as a proactive approach to a truly drug-free school. Likewise, students using illegal drugs pose a threat to their own health and safety, as well as that of other students and personnel. The purpose of this program is to: |
| 1. | provide for the safety and health of all students; | |||
| 2. | provide a training facility that will prepare students for the industries they are training for by requiring them to provide drug-free evidence as a requirement for employment and as a determination for liability in the cases of an accident; | |||
| 3. | undermine the effects of peer pressure by providing a legitimate reason for students to refuse to use illegal drugs; | |||
| 4. | encourage students who do not use drugs to participate in drug treatment programs; and | |||
| 5. | prevent the impact drugs and alcohol use has on the learning and tactile functions of the brain allowing students to achieve their fullest academic and technical potential while a student within the Springfield Clark Career Technology Center programs. |
| B. | Supporting Data | ||
| Random urine drug testing of public school is legal as determined by the United State Supreme Court in the case of Veronica School District 47J (Oregon) v. Wayne and Judy Action and Pottawatomie V. Earls. | |||
| C. | Definitions |
| 1. | Vendor - The medical office or company selected by the Board of Education to carry out the policy and procedure. | |||
| 2. | Designated Official - The individuals hired by the school or district to oversee the drug testing program of the school or district. | |||
| 3. | Medical Review Officer (MRO) - A licensed physician trained and certified in the process and interpretation of drug testing results. | |||
| 4. | Illicit Substance - A substance defined by School policy as being banned from use by students. | |||
| 5. | Student Participant - A qualified student participating on an approved work-site learning program, extra-curricular and co-curricular activities as defined by the Board, a student wishing to receive a parking permit, a student who has been involved in an accident at school, and/or a student who has reached a sufficient point within the discipline policy or has been involved in a violent action at school involving staff or students. | |||
| 6. | SAMHSA - The Substance Abuse and Mental Health Services Administration; a governmental agency that certifies toxicology laboratories that perform drug testing following strict guidelines and constant quality assurance programs. | |||
| 7. | GC/MS - Gas Chromatography/Mass Spectroscopy; a scientific process to identify specific chemical compounds. A molecular fingerprint is obtained that identifies a chemical compound with 100% accuracy. | |||
| 8. | Quantitative Levels - The measurement levels of specific chemicals in the urine reported usually in nanograms per milliliter (ng/ml). | |||
| 9. | Chain-Of-Custody Forms - A preprinted form provided by the testing laboratory that records all contact with the provided specimen. The form is initialed by the collector and donor then follows with the specimen until the results are certified by the testing scientist and forwarded to the MRO for final certification. | |||
| 10. | Adulterant/Adulteration - Any attempt to alter the outcome of a urine drug test by adding a substance to the sample, attempting to switch the sample, or otherwise interfere with the detection of illicit or banned substances in the urine, or purposely over hydrating oneself in an attempt to dilute the urine to decrease possible diction of illicit or banned substances. |
| D. | Procedures for Students |
| 1. | Informed Consent for testing | |||
| At the beginning of each school year students and parent/guardian(s) will complete and sign the Consent Agreement. No student may participate or receive a parking permit until this form is properly executed and on file with the Executive Director's or designee's office. | ||||
| 2. | Urine Drug Testing Frequency | |||
| At the beginning of each school year. or when a student moves into the District, all students wishing to participate in a work site learning activity, participate in extra-curricular and co-curricular activities, wishing to park on District property, students who have been involved in an accident on school grounds and students who have reached the determined point in the disciplinary process or have been involved in a violent action at school with staff or students, may be subject to urine testing at parent/guardian/student expense, for illicit or banned substances as specified in Paragraph G (3) below. | ||||
| Following initial testing, up to twenty percent (20%) of the eligible students will be randomly tested per testing session throughout the school year. | ||||
| Any student refusing to submit to urine drug testing will not be allowed to participate in work-site learning extra-curricular and co-curricular activities, or park on Springfield Clark Career Technology Center property. |
| E. | Sample Collection | ||
| Samples will be collected as outlined under Vendor Requirements, Paragraph G below. Any eligible student selected randomly for urine drug testing who is not in school on the day of the testing will be tested at the next available testing time. Students not able to provide an adequate urine specimen at the testing time will be unable to participate in work-site learning or attend extra-curricular and co-curricular activities, or park on District property. Arrangements may be made for special collections at a Vendor Collection site with prior approval of the Executive Director, their designee, or the Superintendent. | |||
| F. | Confidentiality of Results | ||
| All test results are considered confidential information and will be handled accordingly. Those persons having results reported to them as set forth by this Policy must sign a Confidentiality Statement (Exhibit B) | |||
| G. | Vendor Requirements | ||
| At a minimum the Vendor must be able to provide the following services: |
| 1. | Random Selection of Eligible Students | |||
| Once provided list of eligible students, the Vendor must select the required number of students in a random and confidential manner. Randomly, the Vendor will arrange with the Executive Director, or Superintendent, or designee a day and time to do the collection of specimens. The schedule will not follow a recognizable pattern. The selected names will be given to the Executive Director, or Superintendent, or designee who will arrange for these students to report to the collection area. | ||||
| 2. | Collection or Urine Specimens | |||
| The Vendor will oversee the collection or urine specimens as outlined in the Procedures for Random Urine Drug Testing of Springfield Clark Career Technology Center Students. Chain of Custody forms will be provided by the Vendor that meets the criteria of this Policy and that of the testing laboratory. Students will be given as much privacy as possible in the obtaining of the specimen. | ||||
| 3. | Testing or Urine Specimens | |||
| The Vendor will have all specimens tested for the specified illicit or banned substances by a qualified laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) following the guidelines of the Department of health and Human Services (HHS). The testing laboratory should have greater than ten (10) years experience in toxicology testing and chain of custody procedures. All specimens must be initially tested using highly accurate immuno-assay technique, with all presumptive positive results then confirmed by a Gas Chromatography/Mass Spectroscopy (GC/MS) confirmatory test (understanding that no current GC/MS test is available for LSD). | ||||
| The testing laboratory must be able to test for at least the following drug classes, substances, or their metabolites in collected urine specimens. The Executive Director, Superintendent or designee may specify specific classes or substances to be tested, including but not limited to at least: |
|
Alcohol |
Amphetamines |
Anabolic Steroids |
|
|
Barbiturates |
Benzodiazepines |
Cocaine Metabolites |
|
|
LSD |
Marijuana Metabolites |
Methodone |
|
|
MDMA (Ecstasy) |
Nicotine |
Opiates |
|
|
Phencyclidine |
Propoxyphene |
| 4. | Medical Review Office (MRO) Services | |||
| The Vendor will provide MRO services by a licensed physical who is certified by the Medical Review Officer Certification Council (MROCC) or the American Association of Medial Review Officers as having proven by examination to have had the appropriate medical training to interpret and evaluate drug test results and, thus qualified to certification as a Medical Review Officer. Additionally, the MRO must demonstrate a willingness to abide by the Procedure for Random Urine Drug Testing of Springfield Clark Career Technology Center Students, as to the evaluation of positive drug tests and reporting of findings in a timely and confidential manner. All results will be kept on file for a period of seven (7) years. | ||||
| 5. | Reporting of Random Urine Test Results by Vendor | |||
| The MRO will certify all urine drug screens as negative or positive and report by telephone positive finding in a confidential manner to the parent and then the Executive Director, Superintendent or designee. | ||||
| 6. | Statistical Reporting and Confidentiality of Urine Drug Test Results | |||
| The Vendor, testing laboratory, or MRO may not release any statistics on the rate of positive drug tests to any person, organization, news publication or media, State or Federal Government agencies without the expressed written consent of the Springfield - Clark Career Technology Center Board of Education. However, the Vendor will provide the Executive Director with an annual report showing the number of test performed, rate of positive and negative tests, and what substances where found in the positive urine specimens. |
| G. | Procedures in the Event of a Positive Result | ||
| Whenever a student's test results indicate the presence of illicit drugs, banned substances or adulteration, the following will occur after the MRO notifies the parent/guardian: |
| 1. | The Executive Director or designee will notify the parent/guardian in a timely fashion and notify the student, and if applicable the work site learning coordinator and employer. | |||
| 2. | The student will be notified and will be required to submit to five (5) periodical urine tests at the parent/guardian/student expense throughout the next calendar year. | |||
| 3. | IF the parent/guardian or student wishes to contest the results, the Vendor will arrange for the split portion of the specimen to be submitted to another laboratory approved by the Board of Education for testing at the expense of the parent/guardian/student. | |||
| 4. | The MRO may use quantitative results to determine if positive results on repeat testing indicate recent use of illicit or banned substances or natural decline of levels of the illicit or banned substance from the body. IF the MRO determines the quantitative levels to be above the established cutoffs do not reflect current use by natural decay, then a negative result may be reported. |
| a. | First Positive Result | ||||
| A positive result from the MRO or an altered sample will constitute a first positive. The student participant's consequences will be: |
| 1) | All Students: | |||||
| Violations will result in the completion of a Drug/Alcohol Substance Abuse Program recommended by the school administration, and submission to five (5) follow-up drug tests all expenses paid by the parent/guardian/students. Parking privileges on District will be denied for thirty (30) days. | ||||||
| 2) | Work-site Learning Student Participants: | |||||
| Violations will include the consequences for all students, and the work site coordinator will be notified. Work site drug and substance abuse policies will be reviewed to determine the ability of the student to remain on the work site. | ||||||
| 3) | Students Involved in Accidents on Campus: | |||||
| Violations will include the consequences for all students, and the student will not be allowed to operate equipment which if not operated properly would cause physical or property damage until the student receives a negative test result. | ||||||
| 4) | Students Reaching Determined Discipline Steps: | |||||
| Students who have taken the urine drug test for the first time as a result of reaching step five (5) of the discipline policy junior year, or step four (4) of the discipline policy senior year, or who have been referred to juvenile court for truancy, and have received a positive result will be in violation of the Policy. Violations will include the consequences for all students and referral to an Intervention Assistance Team evaluation to determine what if any further disciplinary action needs to be applied, or what school services may help alleviate the situation. | ||||||
| 5) | Students Involved in a Violent Action With Staff or Students: | |||||
| Students involved with a violent action toward students or staff will be required to take a urine drug test to determine if illicit or banned substances could have influenced the student's behavior. Students who receive a positive result will be considered as being in possession of illicit or banned substances and be disciplined through the offense steps of the Chemical section of the Discipline Code of Conduct. |
| b. | Second Positive Result |
| 1) | All Students: | |||||
| A second positive result from the MRO ruling or adulteration will result in the student's referral to the IAT team for intervention assistance, barred from parking on the District property for one (1) calendar year, and barred from extra-curricular and co-curricular activities. | ||||||
| 2) | Work-site Learning Student Participants: | |||||
| A second violation will include the penalty for all students and the student will be removed from the work site learning site until the student receives a negative urine drug test result. Expenses paid for by the parent/guardian/student. | ||||||
| 3) | Students Involved in on Campus Accidents: | |||||
| Second positive test will result in the student receiving the same penalty as all students and the student removed from the use of tools and machinery until the student receives a negative test report. The student will also be considered for removal from the program of choice to a safer environment. Student/parent/guardian may be responsible for any or all physical or property damage that has occurred from the accident. | ||||||
| 4) | Student Involved in Violent Actions with Staff or Students: | |||||
| A second positive test result and act of violence will result in the student being considered for the second offense discipline procedure found under Chemicals/Procedures of the Discipline Conduct Code. |
| C. | Third Offense | ||
| All Students: | |||
| Students who have received a third positive result for the MRO will be banned from any extra-curricular and co-curricular activities, work-site learning experience, parking on the District's property, for the entirety of the student's length of their Technical program, referred to the IAT Team, and referred to the Clark County Sheriff's department. It is recognized that such an offense is a violation of the law and may warrant prosecution. |
Adopted 12/10/07