5530.01 – DRUG TESTING Drug and alcohol use in any school is a threat to the safety and health of students, faculty, staff, and the community as a whole. It jeopardizes the efficiency and the quality of curricular and extracurricular programs and increases the risk of physical harm to self and others and longer term adverse health consequences. The Board therefore addresses these risks through the implementation of this policy. The process of collection of any specimens for testing shall be as minimally intrusive without compromising the reliability of the results. REASONABLE SUSPICION DRUG & ALCOHOL TESTING” “Individualized reasonable suspicion” as used in this policy means circumstances which, when considered together in the context in which they occurred, give rise to a reasonable belief that at the time a test would be administered, the test would show the student has used an illegal or unprescribed prescription drug, or alcohol, in violation of law or the Corporations of Student Code Conduct rules. Reasonable suspicion alcohol and drug testing will apply to all students enrolled in the Corporation’s schools. Administrators of the Corporation are authorized to require any student of the Corporation to submit to a test of the student’s breath, saliva, blood, or urine if the administration has “reasonable suspicion” that the student is under the influence of alcohol or an illegal or un-prescribed drug while: A. On school grounds; B. Off school grounds at a school activity, function, event, or any other school sponsored activity; C. When traveling to or from school by bus or other transportation. “Individualized reasonable suspicion” shall include the following: A. A student’s behavior, in conjunction with physical appearance, actions, and/or odor, indicating the possibility that the student has used or is in possession of alcohol, marijuana, or any other controlled substance. B. The student possesses drug paraphernalia, alcohol, marijuana, or any controlled substance. C. Information communicated to an administrator by a teacher, parent, law enforcement officer, or other reliable adult or a student that a student has used or is under the influence of alcohol, an illegal drug, or an un-prescribed prescription drug. No student may provide to any other student, by sale or any other means, any substance, that is represented to be an illegal or prescription drug. No student may possess, use, or be under the influence of any substance which is, or the student has any reason to believe is, or which has been represented to be an illegal drug. Prescription and non-prescription medications must be taken to the school health clinic and stored by the nurse in the name of the student, unless the student has obtained permission to selfadminister medication in accordance with Board policy 5330.1. Students are prohibited from possessing, ingesting, transmitting, or selling caffeine-based pills or substances containing pseudoephedrine, ephedrine or other over-the-counter stimulants while on school property or engaged in a school-related activity. Should student’s behavior suggest use of these substances, all provisions of the “Reasonable Suspicion” policy will apply. School officials are required to report possession or conveyance of an illegal or unprescribed prescription drug on school grounds, or within 1000 feet of school grounds, in writing to law enforcement personnel. A law enforcement officer, administrator, or health services personnel trained to obtain a valid specimen for drug or alcohol tests may obtain a specimen of a student’s breath, saliva, or urine for the purpose of determining if the student used an illegal or un-prescribed prescription drug or alcohol. The cost of one school-initiated breath, saliva, or urine test will be paid for by the Board and may be used for disciplinary action. If reasonable suspicion has been established by the administration, a student’s refusal to submit to testing in compliance with this policy will generally result in proceeding as if the test were positive. If a parent/guardian refuses to allow any testing in compliance with this policy, disciplinary action may be taken against the student as if the test was positive. A parent/guardian may have their student retested at a health facility at their own expense. The validity of such a test will be determined by the amount of time that has passed since the initial test and the certification of the laboratory facility collecting the specimen and conducting the testing on the collected sample. The student may be suspended from school until the retest results are provided to the administration and evaluated. All drug testing original data from any reputable health facility must be presented to the administration as proof of positive or negative testing before the student will be readmitted to school. Positive test results from a reputable health facility may be used by the school’s administration to invoke the reasonable suspicion policy. All testing results shall be treated as confidential by the Corporation’s administrative staff, but may be discussed with a student’s guidance counselor or other school employee including the school resource officer as necessary to implement this policy. A student who attempts to alter the results of any test administered pursuant to this policy may be disciplined by the administration. The student who submits the breath test, saliva test, or urine sample and any other person who attempts to alter the results of a test pursuant to this policy may be subject to discipline. If a student tests positive, disciplinary action will be taken in accordance with Board policies on student discipline and the Student Code of Conduct. Legal References I.C. 20-30-5-11 – Alcoholic beverages, tobacco, prescription drugs, and controlled substances; instruction in Kindergarten through Grade 12 I.C. 20-33-9-1 – Reporting violations of Ind. Code 7.1-5-7 (concerning minors and alcoholic beverages); & violation of I.C. 35-48-4 (offenses related to controlled substance.