Drug Testing Policy

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JEFFERSON CITY PUBLIC SCHOOLS
DRUG TESTING POLICY
BACKGROUND & PURPOSE:
Jefferson City Public Schools recognizes that alcohol and drug abuse are serious problems today in
America, and schools – including the Jefferson City School District ("District") – are not immune. Even
students involved in school-sponsored activities are increasingly using alcohol and are experimenting with
other controlled substances. The administration of the District has noted and documented, both formally
and informally, an increase in the use of drugs and alcohol by its students, including those participating in
interscholastic athletics.
It is the District’s position that drug usage is inconsistent with interscholastic athletics. Students
representing the District are respected and admired by a large segment of the student body. In order to
participate in such activities, students are expected to exemplify good conduct, citizenship, sportsmanship
and training. This includes avoiding drug and alcohol usage. In addition, this policy gives District athletes
an additional rationale for avoiding drugs. Drug and alcohol use causes serious physical, mental and
emotional harm. A student using drugs is a danger to himself or herself as well as other students. The
District’s students are entitled to drug-free participation in interscholastic athletics.
The District reserves the right to conduct a program of random testing of high school students (grades 912) participating in interscholastic athletics for the use of alcohol and those drugs listed on Exhibit A
attached hereto (the alcohol and listed drugs are collectively referred to herein as "Drug Substances" and
the drug testing program is referred to herein as the "Random Drug Testing Program"). Other purposes of
the Random Drug Testing Program include prevention of drug and alcohol usage; education of students
and their parents or guardians about the serious physical, mental and emotional harm caused by alcohol
and drug abuse; and maintaining a school environment where students can be free from alcohol and drug
abuse.
The Random Drug Testing Program is mandatory for all students participating in high school
interscholastic athletics under the District’s sponsorship (grades 9-12). These sports include football,
softball, golf, volleyball, cross country, soccer, tennis, basketball, wrestling, track, baseball and
cheerleading (collectively referred to herein as "Sports" or "Sport"). A student who does not participate in
the Random Drug Testing Program will suffer no adverse consequences, but may not participate in any of
these Sports until such time as the student has participated in the Random Drug Testing Program except
that a student who has begun participation in a Sport and who fails or refuses to submit to a drug test if
randomly selected will suffer the consequences provided for in this policy.
The Random Drug Testing Program does not affect other policies and practices of the District in dealing
with drug or alcohol possession or use where reasonable suspicion is obtained by means other than the
mandatory and random sampling discussed herein.
PROCEDURES AND GUIDELINES:
Consent:
Before any student can participate in any of the Sports, both the student and at least one
parent or guardian must consent to the student’s participation in the Random Drug Testing Program. Both
the student and the parent or guardian must complete and sign the attached 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 "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 percent (10%) 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 twenty 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 assuring 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
parents or guardians, 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 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 GCMS. The laboratory will retain
the third specimen. In the event of a positive result using GCMS, the student and custodial parents or
guardians may choose to have a third test conducted by an independent, certified laboratory. A third test
would be conducted using the third specimen form the sample initially collected. A third, independent test
submitted by the student, custodial parents or guardians will not be paid for by the District, and would be
done only at the parents’ or guardians’ 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 offseason shall for the first such occurrence be suspended from games totaling thirty percent (30%) 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 forty percent (40%) of the regularly scheduled
games for that Sport provided, however, that the suspension will be reduced to games totaling twenty
percent (20%) 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 parents/guardians. 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, custodial parents, or guardians
will not be paid for by the District
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