5530.01 - RANDOM DRUG TESTING

Taylor Community School Corporation

Bylaws & Policies

5530.01 - RANDOM DRUG TESTING
A STATEMENT OF NEED AND PURPOSE

A program of deterrence will be instituted as a pro-active approach to a drug free school. Through driving or participation in extra curricular activities, students using illegal drugs pose a threat to their own health and safety, as well as to that of other students. The purpose of this program if three fold: (1) to provide for the health and safety of students; (2) to undermine the effects of peer pressure by providing a legitimate reason for students to refuse to use illegal drugs; and (3) to encourage students who use drugs to participate in drug treatment programs. Students involved in extracurricular activities need to be exemplary in the eyes of the community and other students. It is further the purpose of this program to prevent students from driving to and from school or participating in extracurricular activities while s/he has drug residues in his/her body, and it is the purpose of this program to educate, help, and direct students away from drug and alcohol abuse and toward a healthy and drug free lifestyle. The program is non-punitive. It is designed to create a safe, drug free, environment for students and assist them in getting help when needed. No student shall be expelled or suspended from school as result of any verified "positive" test conducted by his/her school under this program other than stated therein.

INTRODUCTION

This program does not affect the current policies, practices, or rights of Taylor Community School Corporation with tobacco and/or drug and/or alcohol possession or use, where reasonable suspicion is obtained by means other than drug testing through this policy. The School Corporation reserves the right to test any student who at any time exhibits cause for reasonable suspicion of tobacco and/or drug and/or alcohol usage.

REASONABLE CONCERN

The School Corporation has a strong commitment to the health, safety and welfare of its students. Our commitment to maintaining the extracurricular activities in the School Corporation 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. Recent criminal activity involving students at the School Corporation who were under the influence of various illegal drugs has prompted the need for this random drug testing program.

SCOPE

Participation in extracurricular activities is a privilege. This policy applies to all Taylor Community School Corporation students in grades 6-12 who wish to participate in extracurricular activities that are listed below:

	A.	Athletics. (Participants include, but are not limited to, athletes, cheerleaders, managers, and other athletic student personnel.)
	B.	Music. (Participants include, but are not limited to, performing band members performing choir members, and participants in solo/ensemble contests.
	C.	Academic Teams
	D.	Drama
	E.	Art Club
	F.	French Club
	G.	Science Club
	H.	Spanish Club
	I.	National Honor Society
	J.	Student Government
	K.	SADD
	L.	FBLA
	M.	Rotary

This policy also applies to any student who wishes to drive to school, from school, or during school.

CONSENT FORM (see Form 5530.01 F1)

It is MANDATORY that each student who participates in extracurricular activities or drives to or from school sign and return the "consent form" (see Form 5530.01 F1) prior to participation in any extracurricular activity. Failure to comply will result in non-participation and/or no issue of a student driving permit to school.

At the beginning of each selection date, school year or sport season, as determined by the Indiana High School Athletic Association, or when a student moves into the District and joins an activity, all students wishing to participate in that season’s sports may be subject to saliva testing for illicit or banned substances. Up to ten percent (10%) of eligible students will be randomly tested on up to a weekly basis anytime during the school year. Any student who refuses to submit to a screening of their saliva will not be allowed to practice or participate in designated extracurricular Taylor Community activities or drive.

Each student shall be provided with a "consent form" (see Form 5530.01 F1), a copy of which is attached hereto, which shall be dated and signed by the student and by the parent/guardian. In so doing, the student is agreeing to participate in the random drug testing program at Taylor Community School Corporation or is stating s/he does not plan to participate in extra-curricular activities. Any student who fails to sign and return a consent form (see Form 5530.01 F1) by the selection data and then decides to participate in an extra-curricular activity program at later date must submit to a screening of their saliva. The student and/or parent/guardian will be financially responsible for the saliva collection.

NON-PUNITIVE NATURE OF POLICY

No student will be penalized academically for testing positive for illegal drugs or banned substances. The results of drugs tests pursuant to this policy will not be documented in any student’s academic records. Information regarding the results of drug tests will not be disclosed to criminal or juvenile authorities absent legal compulsion by valid and binding subpoena or other legal process, which the Board will not solicit. In the event of service of any such subpoena or legal process, the student and the student’s custodial parent, legal guardian, or custodian will be notified at least seventy-two (72) hours before response is made by the Board, to the extent permitted by such subpoena or legal process.

BANNED SUBSTANCES

For the purpose of this policy, the following substances or their metabolites that can be tested for are considered illicit or banned for students.

	A.	Alcohol
	B.	Barbiturates
	C.	LSD
	D.	Methaqualone
	E.	Phencyclidine
	F.	Amphetamines
	G.	Benzodiazepines
	H.	Marijuana Metabolites
	I.	Nicotine*
	J.	Propoxyphene
	K.	Anabolic Steroids
	L.	Cocaine Metabolites
	M.	Methadone
	N.	Opiates
	O.	Other Specified Drugs

*Only student-athletes will be tested for Nicotine.

TESTING PROCEDURES

	A.	The selection of participants to be tested will be done randomly by the principal/designee, and selections will be made from time to time throughout the school year. Names will be drawn from two (2) pools of those agreeing to be tested. The first pool will include students in grades 6, 7 and 8. The second pool will include students in grades 9 through 12. 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 a number that will be placed in the drawing. The principal/designee will use a system to assure that students are selected in a random fashion. This system will utilize a computer based system designed specifically for the purpose of randomly selecting individuals for drug testing.
	B.	If the student shows signs of tobacco and/or alcohol and/or drug use that provides reasonable suspicion to search a student, the principal/administrative designee may call the student’s parent/guardian and ask that the student be tested. Also, a parent/guardian may request that his/her student’s name be placed in the pool.
	C.	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.
	D.	Upon being selected for a saliva collection 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 sample of "fresh" saliva according to the quality control standards and policy of the laboratory conducting the testing.
	E.	All students will remain under school supervision until they have produced an adequate saliva specimen. If unable to produce a specimen, the student will be given up to twelve (12) ounces of fluid. If still unable to produce a specimen within two (2) hours, the student will be taken to the principal’s office and told s/he is no longer eligible for any of the extracurricular activities. In addition, the parents/guardian will be telephoned and informed the student is unable to produce a sample for the testing procedure and that s/he may be tested at a later date to be reinstated for eligibility.
	F.	If it is proven that tampering or cheating has occurred during the collection, the student will become ineligible for all the "extracurricular activities" for the remainder of the school year. This will be reported to the parent/guardian.
	G.	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/designee must time and sign the pass.
	H.	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 nicotine and "performance enhancing" drugs such as steroids may be tested.
	I.	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).

COLLECTION OF SPECIMENS

The Superintendent will establish guidelines to set up the collection environment, guarantee the validity of specimens, and supervises the chain of custody.

	A.	This program seeks to provide needed help for students who have a verified "positive" test. The student’s and other students’ health, welfare, and safety will be the reason for preventing students from participation in extracurricular activities and restrict him/her from driving to or from school.
	B.	The principal/designee will be notified of a student testing "positive" (that is, if the test shows that drug residues are in the student’s system after using at least two (2) different types of analyses). The principal/designee will notify the student and his/her parent/guardian following guidelines for notification established by the Superintendent. 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/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.

A "follow-up" test will be requested by the principal/designee after the suspension period and 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 extracurricular activities and/or driving. If a second "positive" result is obtained from the "follow-up" tests, or any later test of that participant, the same previous procedure shall be followed. In addition, the Taylor Community School Corporation reserves the right to continue testing at any time during the remaining school year any participating student who tested "positive" and did not make satisfactory explanation.

	D.	Information on a verified "positive" test result will be shared on a "need to know" basis with the student’s coach or sponsor. The results of "negative" tests will be kept confidential to protect the identity of all students being tested.
	E.	Drug testing results sheets will be returned to the principal/designee identifying students by number and not by name. Names of students tested will not be kept in open files or on any computer. Result sheets will be locked and secured in a location that only the principal/designee has access to.

STATISTICAL REPORTING AND CONFIDENTIALITY OF DRUG TEST RESULTS

The testing laboratory may not release any statistics on the rate of positive drug tests to any person, organization, news publication or media without expressed written consent of the Board. However, the lab will provide the building principal with a quarterly report showing the number of tests performed, rate of positive and negative tests, and what substances were found in the positive urine/saliva specimens.

Under this drug testing program, any staff, coach, or sponsor of the School Corporation who may have knowledge of the results of a drug test will not divulge to anyone the results of the test of 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 School Corporation’s commitment to confidentiality with regards to the program.

FINANCIAL RESPONSIBILITY

	A.	Under this policy, the School Corporation 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 tests 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" saliva specimen is the financial responsibility of the student or his/her parent/guardian.
	C.	A mandatory drug test for a student who initially indicated that they would not participate in any extra-curricular activity for the remainder of the school year is the financial responsibility of the student and/or parent/guardian.
	D.	Counseling and subsequent treatment by non-school agencies is the financial responsibility of the student or his/her parent/guardian.
	E.	The parent/guardian/student will be responsible for the cost of any drug tests given as the result of a parent/guardian/student request that a student be tested or included in the testing pool.

CERTIFYING SCIENTIST RESPONSIBILITIES

The Certifying Scientist will review all results of drug testing. Any specimen testing positive for illicit or banned substances will be handled in the following manner:

	A.	The Certifying Scientist determines if any discrepancies have occurred in the Chain of Custody.
	B.	Depending on the substances found in the sample, if necessary the principal/designee will contact the parent/guardian/custodian to determine if the student is on any prescribed medication from a physician.
	C.	If the student is on medication, the parent/guardian/custodian will be asked to obtain a letter from the prescribing physician, within five (5) working days, to document what medications the student is currently taking. Failure to provide such requested information will be considered a positive result.
	D.	The Certifying Scientist will then determine if any of the prescribed medications resulted in the positive drug screen.
	E.	Finally, the Certifying Scientist, based on the information given, will certify the drug test results as positive or negative and reports this to the building principal, initially reporting positive results by phone.

		1.	For example, a drug screen positive for codeine may be ruled negative by the Certifying Scientist when s/he receives a letter from the treating physician that the student has been prescribed Tylenol with codeine as a pain medication following tooth extraction.
		2.	Or, if the student has a positive drug screen for codeine and has no documented physician order for the medication (maybe a parent gave the student one of their pills), this would likely be ruled a positive drug test by the Certifying Scientist.
		3.	Drug screens positive for illicit drugs (marijuana, heroin, cocaine or alcohol, etc.) would automatically be considered positive by the Certifying Scientist.

	F.	The Certifying Scientist may use quantitative results to determine if positive results on repeat tests indicated recent use of illicit or banned substances or the natural decline of levels of the illicit or banned substance from the body. If the Certifying Scientist feels the quantitative levels determined to be above the established cutoffs do not reflect current use but natural decay, then a negative result may be reported.
	G.	The Certifying Scientist will complete the final review on the drug testing custody and control form and return the appropriate copy to the building principal in a confidential manner.

OTHER RULES

Apart from this drug testing program, Taylor Middle/High School Departments and the coaching staff/sponsor of each sport/activity have their own 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.

CHAIN OF CUSTODY

	A.	The certified laboratory will provide training and directions to those who supervise 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. The administrator should not bring all the students drawn from the pool to the collection site simultaneously. Calling one (1) to eight (8) students at a time allows the collections to be carried out quickly and will not cause students to wait a long time, thereby creating a loss of important time from class. Athletes may be called after school, perhaps during practice time.
	C.	Before the student's oral fluid is tested by the laboratory, students 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 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. Only the lab testing the specimen may break the seal.
	E.	Oral Fluid Collection - A sanitized and sealed package will be given to each student. The oral fluid collection kit will contain a tube with a buffer solution and a collection pad/stick. The sealed package will be opened by the student and remain in the student's possession until the pad/stick are placed in the tube and the tube is sealed. Only the lab may break the seal.
	F.	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 extracurricular activities subsequent to a retest.
	G.	After it has been sealed, designated personnel will transport the specimen to the testing laboratory. The testing laboratory will report the results of the first drug test back to the school designee only. If the first drug test is "positive", the parents will be notified by the school and have the opportunity for a split specimen to be sent to another certified lab of the parents' choice and at their expense. The student will automatically be retested in thirty (30) calendar days.
	H.	In order to maintain confidentiality, the container which contains the oral fluid, will not have the name of the student on the container. Instead, the student's random identification number will appear on the container. The student will initial the specimen container and/or date and sign the chain of custody form. Also the results sheet for the oral fluid collection will be mailed back to the principal/administrative designee with no name attached; only the student's random identification number will appear on the result sheets.

TESTING PROCEDURES/ORAL FLUID COLLECTION

	A.	The selection of participants to be tested will be done randomly by the principal/administrative designee or by the direction of the testing company, and selections will be made from time to time throughout the school year. Names will be drawn from two (2) large pools of those agreeing to be tested. Pool one includes students in grades 6-8 and pool two (2) students in grades 9-12. 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 a number that will be placed in the drawing.
	B.	If the student shows signs or reasonable suspicion, the principal, administrative designee may require the student be tested. Factors will include, but are not limited to, excessive discipline problems and/or excessive absences from school. Also, a parent/guardian may request testing of his/her student.
	C.	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 of outside influences.
	D.	Upon being selected for an oral fluid collection test, either by random draw, reasonable suspicion, request of a parent, or a "follow-up" test, a student will be required to provide an oral fluid sample in accordance with the quality control standards and policy of the laboratory directing the collection process.
	E.	All students will remain under school supervision until they have produced an oral fluid collection specimen sufficient for testing. The principal/administrative designee shall explain that refusal to participate in testing may jeopardize participation in extra-curricular activities. Parents/guardian will be informed of the student's refusal to participate in the required testing.
	F.	If it is proven that tampering or cheating has occurred during the collection, the student will become ineligible for all "extra-curricular activities" for the remainder of the school year. This will be reported to the parent/guardian.
	G.	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.
	H.	The specimens will then be turned over to the testing laboratory, and each specimen will be tested for alcohol, nicotine, and "street drugs" (which may include all drugs listed as controlled substances under the law of the State of Indiana). Also "performance enhancing" drugs such as steroids may be tested.
	I.	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)

NOTIFICATION PROCEDURE FOR A POSITIVE TEST

When a principal/designee is notified that a student has tested positive the principal will:

Notify the student of the positive test result and give the student the following information:

		1.	the substance(s) they tested positive for in the drug test
		2.	the parent/guardian will be contacted to set up a conference
		3.	the student and/or parent/guardian may submit any documented prescription, explanation, or information which will be considered in determining whether a "positive" test has been satisfactorily explained
		4.	the consequences of the positive drug test will be determined by the administration based on school policy and explained to the student and/or parent/guardian in conference

Notify the parent of the positive test result and give the parent the following information:

		1.	the substance(s) the student tested positive for in the drug test
		2.	the student and/or parent/guardian may submit any documented prescription, explanation, or information which will be considered in determining whether a "positive" test has been satisfactorily explained
		3.	the consequences of the positive drug test will be determined by the administration based on school policy and explained to the student and/or parent/guardian in conference


	The principal will work with the parent in an attempt to arrive at a mutually agreeable time for a conference.

The principal/designee will attempt to follow the guidelines for parent notification in a timely manner for every positive drug test result. In extenuating circumstances the administrator/designee may notify the parent first if s/he believes reversing the order of notification is in the student's best interest.

Notification will be made in person, by telephone, or by personal mail. Notification will not be made by leaving messages with other individuals, on answering machines, or through e-mail.

PICK-UP PROCESS

The Vendor is responsible for seeing that specimens are delivered to or picked up by the testing laboratory and the Chain of Custody form properly annotated.

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. 2^nd 972)

Adopted 7/12/06