5530.01 - RANDOM URINE DRUG TESTING

Wapakoneta City Schools

Bylaws & Policies

5530.01 - RANDOM URINE DRUG TESTING

The procedure for possible initial and random drug testing of students in all athletic related extra-curriculars including cheerleading in grades 8 - 12, band and all associated groups, and show choir and all associated groups grades 9 - 12 is accomplished in conjunction with an independent drug testing vendor selected by the Board of Education. The vendor is provided by the designated official a list of eligible students and in turn randomly selects up to twenty (20) percent of these students for drug testing at regular intervals. 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 interpretation and verification of results. Results are reported to the building principal or designated official by the MRO. Specimens are collected as split specimens.

Statement of Need and Purpose

Recognizing that observed and suspected use of alcohol and illicit drugs by school students is a serious concern (please see appendix A), a program of deterrence will be instituted as a pro-active approach to a truly drug free school. Likewise, students using drugs pose a threat to their own safety, as well as to that of other students. The purpose of this program is fourfold:

	A.	to provide for the safety of all students;

	B.	to undermine the effects of peer pressure by providing a legitimate reason for students to refuse to use illegal drugs;

	C.	to encourage students who use drugs to participate in drug treatment programs;

	D.	to prevent the impact drug and alcohol use has on the learning centers of the brain allowing students to achieve their full academic potential while a student within the Schools.

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.

Supporting Data

A.	Random urine drug testing of a public school is legal as determined by the United States Supreme Court in the cases:

	1.	Veronia School Distr. 47J v. Acton, 515 U.S. 646 (1995)

	2.	Board of Education of Independent School Dist. No. 92 of Pottawatomie Cty. V. Earls, 356 U.S. 822 (2002)

B.	Have suspended two (2) students this year for drug/alcohol offenses

C.	Pictures of students partaking in alcoholic activities, which have been presented to us by local law enforcement as well as parents, through print media and social networking sites.

Definitions

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 purposefully over hydrating oneself in an attempt to dilute the urine to decrease possible detection of illicit or banned substances.

Banned/Illicit Substance - A drug classified by the Drug Enforcement Administration (DEA) as being available only by prescription from a physician or classified as being controlled and having no therapeutic use, and/or a substance defined by school policy as being banned from use by students.

Alcohol	Amphetamines	Anabolic Steroids
Barbiturates	Benzodiazepines	Cocaine
LSD	Marijuana	Methadone
MDMA (Ecstasy)	Nicotine	Opiates
Phencyclidine	Propoxyphene	Metabolites

Chain-of-custody Form - A preprinted form provided by the testing laboratory that records all contact with the provided specimen. The form is initiated 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.

Designated Official - The individual hired by the school or District to oversee the drug testing program of the school or District.

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.

Medical Review Officer (MRO) - A licensed physician trained and certified in the process and interpretation of drug testing results.

Quantitative Levels - The measurement levels of a specific chemical in the urine reported usually in nanograms per millimeter (ng/ml).

SAMHSA - The Substance Abuse and Mental Health Services Administration; a government agency that certifies toxicology laboratories that perform drug testing following strict guidelines and constant quality assurance programs.

Student Participant - A qualified student participating on a sanctioned athletic team as defined by the State Athletic Association, and/or a student wishing to receive a parking permit.

Vendor - The medical office or company selected by the Board to carry out the policy and procedure.

Procedures for Students

	A.	Informed Consent for Testing

		At the beginning of each year/season/activity or when a student moves into the District, students and parent/guardian/custodian will complete and sign the Wapakoneta City Schools Code of Conduct and Expectations Informed Consent Agreement (Form 5530.01 F1). No student may participate in athletic related extra-curriculars including cheerleading in grades 8 - 12, band and all associated groups, and show choir and all associated groups grades 9 - 12 until this form is properly executed and on file with the school.

	B.	Urine Drug Testing Frequency

		At the beginning of each year/season/activity or when a student moves into the District, all students wishing to participate in athletic related extra-curriculars including cheerleading in grades 8 - 12, band and all associated groups, and show choir and all associated groups grades 9 - 12 MAY be subject to urine testing for illicit or banned substances as specified below. Following initial testing, up to twenty percent (20%) eligible students will be randomly tested on up to a bi-weekly basis anytime during the school year. Any student who refuses to submit to urine drug testing will not be allowed to participate for the District as this will be considered a positive test. Student-athlete consequences are listed below. Band and Show Choir consequences will be determined by the respective director and building principal, but will not be punitive in regards to academic performance.

	C.	Sample Collection

		Samples will be collected as outlined under "Vendor Requirements" below. Any eligible student selected randomly for urine drug testing who is not in school on the day of testing will be tested on the next available testing time. Students not able to provide an adequate urine specimen at the testing time will be unable to participate in their specified extra-curricular until the proper specimen is provided. A refusal to test will be handled as a positive test. Arrangements may be made for special collections at a Vendor Collection site with prior approval of the building principal or designated official. Participant will acknowledge that there may be a fee associated with the use of an off-site collection point.

Confidentiality of Results

All drug 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 (Form 5530.01 F2).

Vendor Requirements

At a minimum, the vendor must be able to provide the following services:

	A.	Random Selection of Eligible Students

		Once provided a list of eligible students, the vendor must select the required number of students in a random and confidential manner. Up to bi-weekly, the vendor will arrange with the designated official a day and time to do the collection of specimens. The schedule will not follow any recognizable pattern. The selected student names will be given to the designated official, who will arrange for these students to report to the collection area.

	B.	Collection of Urine Specimens

		The vendor will oversee the collection of urine specimens as outlined in Administrative Guideline 5530.01, Procedures for Random Urine Drug Testing of 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.

	C.	Testing of Urine Specimens

		The vendor will have all specimens tested for the specific 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 a highly accurate immuno-assay technique with all presumptive positive results then confirmed by a Gas Chromatography/Mass Spectroscopy (GC/MS) confirmatory test (understand that no current GC/MS test is available for LSD)


	The testing laboratory must be able to test for the following drug classes, substances, or their metabolites in collected urine specimens. The building principal may specify specific classes or substances to be tested.

	Alcohol	Amphetamines	Anabolic Steroids
	Barbiturates	Benzodiazepines	Cocaine
	LSD	Marijuana	Methadone
	MDMA (Ecstasy)	Nicotine	Opiates
	Phencyclidine	Propoxyphene	Metabolites

D.	Medical Review Officer (MRO) Services

	The vendor will provide MRO services by a licensed physician who is certified by the Medical Review Officer Certification Council (MROCC) or the American Association of Medical Review Officers as having proven by examination to have had the appropriate medical training to interpret and evaluate drug test results and thus qualified for certification as a Medical Review Officer. Additionally the MRO must demonstrate a willingness to abide by Administrative Guideline 5530.01 Procedure for Random Urine Drug Testing as to the evaluation of positive drug tests and reporting findings in a timely and confidential manner. All results will be kept on file for a period of seven (7) years.

E.	Reporting of Random Urine Test Results by Vendor

	The MRO will certify all urine drug screens as negative or positive. Positive findings will be reported by telephone in a confidential manner to the parent and then the building principal.

F.	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 without expressed written consent of the Board. However, the vendor will provide the building principal with an annual report showing the number of tests performed, rate of positive and negative tests, and what substances were found in the positive urine specimens.

Procedures in the Event of a Positive Result

A.	Whenever a student's test result indicates the presence of illegal drugs or banned substances or adulteration, the following will occur after notification of the parent:

	1.	After notified by the MRO, the building principal, within twenty-four (24) hours, will notify the parent/guardian/custodian first, then the student and designated official of any positive results. A written notification from the building principal, by form letter, will be sent to the parent/guardian/custodian by certified mail. The building principal may keep all test results for a period up to seven (7) years.

		The student will be notified and be required to submit to five (5) periodical urine tests throughout the next calendar year.

	2.	If the parent/guardian/custodian 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 for testing. This is done at parent/guardian/custodian or student expense. Such a request must be made to the building principal in writing within five (5) working days from first notification of positive test results.

	3.	The MRO may use quantitative results to determine if positive results on repeat testing indicate recent use of illicit or banned substances or the natural decline of levels of the illicit or banned substance from the body. If the MRO 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.


B.	Consequences:

	1.	Plea for Help

		Any student who admits to using illegal substances prior to being selected for random testing will be afforded the opportunity to attend counseling - paid for by the individual and subject to the next five (5) random tests, again paid for by the student (currently $37) - without penalty of loss of extra-curricular (one time only in lifetime).

	2.	First Positive Result

		A positive result from the MRO or an altered sample will constitute a first positive and the following consequences will be applied.

		Student will be suspended for the equivalent of twenty percent (20%) of the regular season contests. The student must enroll in a counseling program approved by the principal and/or athletic director. It will be the responsibility of the student to schedule, attend, and assume all costs of this program including the next five (5) drug tests (currently $37). The local counseling agency will determine the length and closure of the program. All confidential information will be released to the principal or athletic administrator. If the student fails to complete the program, the student will not be reinstated into extra-curricular activities.

	3.	Second Positive Result

		Suspension from specified extra-curricular for one (1) calendar year.

	4.	Third Positive Result

		Student becomes ineligible for the remainder of the years enrolled in the Wapakoneta School System.

	5.	In case of suspension with less than twenty percent (20%) of the season remaining, student-athlete will have the suspension carry over into the next sport they participate in until the total twenty percent (20%) suspension has been fulfilled.

Non-Punitive Nature of Policy

No student will be penalized academically for testing positive for illegal drugs or banned substances. The results of drug 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, unless required by law. In the event of service of a subpoena or legal process, the student and the student's custodial parent, legal guardian, or custodian will be notified before response is made by the Board, to the extent permitted by such subpoena or legal process.

Illicit or Banned Substances

For the purpose of this policy, the following drug classes, substances or their metabolites that can be tested for are considered illicit or banned for Wapakoneta City Schools Students:

Alcohol	Amphetamines	Anabolic Steroids
Barbiturates	Benzodiazepines	Cocaine
LSD	Marijuana	Methadone
MDMA (Ecstasy)	Nicotine	Opiates
Phencyclidine	Propoxyphene	Metabolites

Adopted 11/17/09