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FILE:  JFCI-AP
CRITICAL

 

STUDENT DRUG TESTING

 


Consent


Before any student can participate in any of the sports, both the student and at least one parent/guardian must consent to the student’s participation in the Random Drug Testing Program. Both the student and the parent/guardian must complete and sign the consent form indicating that they understand the policies and procedures involved and agree the student may participate. Only after providing the head coach with a signed consent form will the student be allowed to participate in that sport.


Selection


Any student participating in any sport will be tested at the beginning of each season of the sport in which he/she wishes to participate. In addition, any student participating in any sport may be tested at random from August through May. The head coach of each sport will forward each student’s signed consent form to the principal or the principal’s designee (hereinafter referred to as principal/designee). Each student will be assigned a number by the principal/designee. One cross-reference list of names and numbers will be maintained by the principal/designee. Only the principal/designee will have access to this list. Approximately ten (10) percent of each sport’s team roster will be randomly selected for testing each month. When a selection for testing is done, a computer will randomly select twenty numbers on an approximate pro-rata basis from all students participating in each sport. The first 20 numbers selected will be the students to be tested that week. Alternate numbers will also be selected in case a randomly selected student is absent.


Upon receiving a notice from the principal/designee that the student has been selected for a random drug test, the student will go to the designated location where a representative from the drug testing company will administer the drug test in accordance with accepted practices in the industry. The testing method will be urinalysis. If the representative believes that a valid urine sample has not been collected, the representative may request the student to immediately provide another urine specimen. If a student selected for testing has been present in school on the day selected, but fails or refuses to timely provide a urine sample, such failure or refusal shall carry the same consequences as though that student tested positive.


Privacy and Confidentiality


To the extent possible, steps will be taken to respect a student’s privacy while ensuring the collection of a valid urine sample.


Urine samples will be sent to a qualified testing laboratory selected by the principal/designee for testing that uses appropriate and accepted industry standards and procedures, including but not limited to the initial screening performed with the EMIT (Enzyme-Multiplied Immunoassay Technique) and, in the case of a positive result from the initial screen, the use of the GCIMS (Gas Chromatography/Mass Spectrometry) method for verification. The EMIT will be performed at the school. A positive test result using the EMIT will result in further testing at the laboratory using GCIMS. The testing laboratory will not be given the names of any of the students. The students will only be identified by the provided reference number. The test results will remain confidential and will only be released to the student, the student’s parent/guardian, the principal/designee and the head coach of each sport in which the student participates. In addition, the test results will not be used for other student discipline purposes or restrictions other than participation in the sports, and will not become part of the student’s school record or communicated to any other person.


All currently available drug tests have the possibility of producing a false positive. This means that if the student is taking any over-the-counter or prescription medications the test may produce a positive reading. Consequently, students selected for testing must disclose prior to the test any medications that the student is taking. The student will be allowed to seal this information in an envelope marked with the student’s testing program number and delivered to the representative of the laboratory with the sample. The envelope will only be opened in the event of a positive test for the drug substances screened. A student who does not disclose his/her medications or who fails to provide verification of the medications he/she listed will be subject to the consequences provided for herein in the event of a positive drug test.


All files regarding the Random Drug Testing Program will be kept separate from the mandatory school files required for each student. The test results shall not be made known to any other school official other than the principal/designee, and the head coach of each sport in which the student participates. Any negligent or intentional disclosure of test results by any school official will be grounds for disciplinary action. Furthermore, if the student tests positive, the administration will not use or reveal a positive test result as a reason to search the student’s locker, purse, backpack or any other area in which the student keeps his/her personal effects. Test results will not be turned over to the police or other law enforcement authorities without a court order, and the administration will not disclose test results without court order for purposes of criminal investigation.


Testing and Verification of Samples


Each urine sample will be tested for the drug substances. The laboratory will split the initial urine sample into three specimens. If a test on the first specimen using EMIT is positive for one of the drug substances, the laboratory will run another, more sophisticated, test on the second specimen to confirm the results using GCIMS. The laboratory will retain the third specimen. In the event of a positive result using GCIMS, the student and custodial parent/guardian may choose to have a third test conducted by an independent, certified laboratory. A third test would be conducted using the third specimen from the sample initially collected. A third, independent test submitted by the student or custodial parent/guardian will not be paid for by the district, and would be done only at the parent/guardian’s expense. In the event the third test is negative for the drug substances, then all of the test results shall be submitted to the principal/designee for a final decision as to whether the drug test should be considered as a positive drug test for any of the drug substances.


Consequences


If a student tests positive for any of the drug substances screened during the drug testing procedures, the test results will be treated as competent and substantial evidence that the student has used the substance for which that student tested positive. The penalty for a positive drug test will depend on whether the urine sample was collected during the applicable sport season or off-season.


For purposes of this Random Drug Testing Program the season is defined to be the period of time from the sport’s first practice until immediately after the sport’s final game for that season. The off-season shall be any other time not considered to be during the season.


A student who tests positive for any drug substance from any urine sample collected during the off-season shall, for the first such occurrence, be suspended from games totaling 30 percent of the regularly scheduled games for the next sport in which the student participates, provided, however, that the suspension will be eliminated if the student (1) enrolls in a drug counseling program approved by the principal/designee, (2) attends drug counseling once a week for the duration of the approved program, (3) submits, at his or her expense, to additional drug testing as recommended by the drug counseling program, and (4) has a negative result for each drug test.


A student who tests positive for any drug substance from any urine sample collected during the season shall, for the first offense, be suspended from games totaling 40 percent of the regularly scheduled games for that sport, provided, however, that the suspension will be reduced to games totaling 20 percent of the regularly scheduled games if the student (1) enrolls in a drug counseling program approved by the principal/designee, (2) attends drug counseling once a week for the duration of the approved program, (3) submits, at his or her expense, to additional drug testing as recommended by the drug counseling program, and (4) has a negative result for each drug test.


The cost of the drug counseling program will be the responsibility of the parent/guardian. If a student tests positive for any drug substance for a second time, the student will be ineligible to participate in any sport for a period of 365 days from the date the urine sample was collected. Once a student tests positive, the student will be removed from the random pool for a period of 3 months and will be tested each month during this period.


Also, drug counseling and assistance programs will be urged by the district for any student testing positive under this policy. If requested by the parents or guardians, school counselors will provide assistance in obtaining help for the student. The district will not be responsible for the costs of any counseling or subsequent treatment. The district shall pay for any testing under this program performed at its request. Any additional, independent test submitted by the student or custodial parent/guardian will not be paid for by the district.


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Note:  The reader is encouraged to review policies and/or forms for related information in this administrative area.

 

Implemented: 07/20/2009


Jefferson City School District, Jefferson City, Missouri

 

Link to Missouri Statutes

Link to Missouri Regulations

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For Office Use Only: JFCI-AP.JFC (07/09)

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