5530.01 - STUDENT DRUG TESTING

Mingo County Schools

Bylaws & Policies

5530.01 - STUDENT DRUG TESTING
STATEMENT OF PURPOSE AND INTENT

Although the Board of Education, administration and staff desire that every student in Mingo County Schools refrain from using or possessing illegal drugs, school officials realize that their power to restrict the possession or use of illegal and performance-enhancing drugs is limited. Therefore this policy governs only performance-enhancing and illegal drug use by students participating in certain interscholastic extra-curricular activities, those who wish to drive and park on school property, and those whose parent or guardian elects to include the student in the random student drug testing selection process. The sanctions imposed for violations of this policy, include, but are not limited to, limiting the opportunity of any student determined to be in violation of this policy to a student’s privilege to participate in interscholastic extra-curricular activities or drive to school. This policy supplements and complements all other policies, rules and regulations of Mingo County Schools regarding possession or use of illegal drugs.

Participation in school-sponsored interscholastic extra-curricular activities and permission to drive to school and park on a Mingo County Schools’ campus is a privilege. Students who participate in interscholastic extra-curricular activities are respected by the student body and are representing the school district and the community. Accordingly, these students carry a responsibility to themselves, their fellow students, their parents and their school to set the highest possible examples of conduct, sportsmanship, and training, which includes avoiding the use or possession of illegal drugs. Students who elect to drive a privately owned vehicle to and from school and park on school property also carry an added accountability for the same operation of a vehicle while on school property.

The purposes of this policy are seven-fold:

	A.	To educate students on the serious physical, mental and emotional harm caused by illegal drug use.

	B.	To alert students with possible substance abuse problems and their parent/guardian, of the potential harms that drug use poses for their physical, mental, and emotional well-being and offer them the privilege of competition as an incentive to stop using such substances.

	C.	To ensure that students adhere to a training program that bars the intake of illegal and performance-enhancing drugs.


	D.	To prevent injury, illness, and harm to students that may arise as a result of using illegal and performance-enhancing drugs.

	E.	To offer students practices, competition and school activities free of the effects of illegal and performance-enhancing drug use.

	F.	To assure the safe operation of student-driven vehicles on campus.

	G.	To undermine the effects of peer pressure by providing an additional legitimate reason for students to refuse to use illegal drugs.

Illegal and performance-enhancing drug use of any kind is not compatible with the physical, mental, and emotional demands placed upon participants in interscholastic extra-curricular activities and upon the positive image these students project to other students and to the community on behalf of Mingo County Schools. For the safety, health and well being of students who are permitted to drive to school and/or participate in interscholastic extra-curricular activities, and/or voluntarily choose to participate, the Mingo County Board has adopted this policy for use by all participants in interscholastic extra-curricular activities, and/or drive and park on school property, and/or voluntarily choose to participate in the drug testing which will begin in grades 9-12 beginning in the 2013-2014 school year and in grades 6-8 beginning in the 2014-2015 school year.

The administration shall adopt necessary regulations to implement this policy.

DEFINITIONS

	A.	"Activity Student" means a student of any Mingo County high school, beginning in 2013-2014 or middle school beginning in 2014-2015 who is a member of any extra-curricular or co-curricular organization which participates in interscholastic competition, including but not limited to: academic teams, band, chorus, FFA, and athletics, including managers, score-keepers and other student support personnel.

	B.	"Driving Student" means any student who is permitted to drive to school and is issued parking privileges on school property. A student may become a Driving Student Participant at any time during the school year.

	C.	"Drug Use Test" means a scientifically substantiated method to test for the presence of illegal or performance-enhancing drugs or the metabolites thereof in a person's urine.


D.	"Illegal Drugs" means any substance which an individual may not sell, possess, use, distribute or purchase under either Federal or West Virginia law. "Illegal drugs" includes, but is not limited to, all scheduled drugs as defined by the West Virginia Uniform Controlled Substance Act, all prescription drugs obtained without authorization, and all prescribed and over-the-counter drugs being used for an abusive purpose. "Illegal drugs" shall also include alcohol.

E.	"Opt-In Participant" means any student less than eighteen (18) years of age, in grades 9-12 beginning in the 2013-2014 school year and any student in grades 6-8 beginning in the 2014-2015 school year whose parent or guardian elects to include the student in the random selection for drug testing. A student may become an Opt-in Participant at any time during the school year.

	"Participating Student" means all students included in the random testing pool.

	"Performance-Enhancing Drugs" include anabolic steroids and any other natural or synthetic substance used to increase muscle mass, strength, endurance, speed or other athletic ability. The term "performance-enhancing drugs" does not include dietary or nutritional supplements such as vitamins, minerals and proteins which can be lawfully purchased over-the-counter.

	1.	Results in an equal probability that any Participating Student from the total pool of Activity students, Driving Students, and Opt-In Participants subject to the selection mechanism will be selected, and

	2.	Does not give the School District discretion to waive the selection of any Participating Student selected under the mechanism.

F.	"Reasonable suspicion" means a suspicion of illegal or performance-enhancing drug use based on specific observations made by coaches/administrators/sponsors of the appearance, speech, or behavior of a Participating Student; the reasonable inferences that are drawn from those observations; and/or information of illegal or performance-enhancing drug use by a Participating Student supplied to school officials by other students, staff members, or patrons.


	G.	"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. An adulterated test will be considered a positive test.

IMPLEMENTATION GUIDELINES

A.	Consent Forms. Each Activity Student, Driving Student or Opt-In Participant shall be provided with a copy of the "Student Drug Testing Consent Form" which shall be read, signed and dated by the student, parent or custodial guardian and coach/sponsor/administrator before such student shall be eligible to practice or participate in any extra-curricular activities or before issuance of a driving/parking pass.

	During the initial implementation stage of this policy, students participating in interscholastic extra-curricular activities in the months of July and August must submit a fully completed "Student Drug Testing Consent Form: to the school by September 1^st to remain eligible to participate as an activity student. The Opt-In Participant and parent or custodial guardian shall also consent to read and sign a consent form. This consent requires the Activity Student, Driving Student, and Opt-In Participant to provide a urine sample as follows:

	1.	When the Activity Student, Driving Student, or Opt-In Participant is selected by the random selection basis to provide a urine sample; and

	2.	At any time when there is reasonable suspicion to test for illegal or performance-enhancing drugs.

		No student shall be allowed to practice or participate in any extra-curricular activities involving interscholastic competition unless the student has returned the properly signed "Student Drug Testing Consent Form."


	B.	Orientation Session. Prior to the commencement of drug testing each year a mandatory orientation session shall be held with each Activity Student, Driving Student and Opt-In Participant to educate them of the sample collection process, privacy arrangements, drug testing procedures and other areas which may help to reassure the Participating Student and help avoid embarrassment or uncomfortable feelings about the drug testing process. The parents/guardians must also attend this orientation session.

		The mandatory orientation session will also be conducted at the beginning of the second semester for students who, at that time, want to become participating students. Their parents/guardians must also attend this orientation session.

	C.	Distribution of this Policy. Each Activity Student, Driving Student, Opt-In Participant, shall receive a copy of the Student Drug Testing Policy. The head coach or sponsor shall be responsible for explaining the policy to all prospective students, and for preparing an educational presentation to acquaint the student with the harmful consequences of drug and alcohol use and abuse.

	D.	Random Sample. Drug use testing for Participating Students shall be done monthly on a random selection basis from a list of all Participating Students who are involved in off-season or in-season activities, driving, or an opt-in participant. Mingo County Schools will determine a monthly number of student names to be drawn at random to provide a urine sample for drug use testing for illegal drugs or performance-enhancing drugs.

	E.	Reasonable Suspicion Sample. In addition to the drug tests required above, any Participating Student may be required at any time to submit to a test for illegal or performance-enhancing drugs, or the metabolites thereof when an administrator, coach, or sponsor has reasonable suspicion of illegal or performance-enhancing drug use by that particular student.

	F.	Drug Testing Service. Any drug use test will be administered by or at the direction of a drug testing service chosen by the Mingo County Board of Education. The drug testing service shall be required to use scientifically validated toxicological testing methods, have detailed written specifications to assure chain of custody of the specimens, and proper laboratory control and scientific testing. The drug testing service shall provide all collection containers used for the drug testing process.


G.	Privacy. All aspects of the drug use testing program, including the taking of specimens, will be conducted so as to safeguard the personal and privacy rights of the student to the maximum degree possible.

H.	Obtaining Samples. The test specimen shall be obtained in a manner designed to minimize intrusiveness of the procedure. In particular, the specimen must be collected in a restroom or other private facility behind a closed stall/door. The drug testing service shall provide a trained employee to collect the samples subject to drug testing. This individual will also monitor the collection of samples. The monitor shall not observe the student while the specimen is being produced, but the monitor shall be present outside the stall to listen for the normal sounds of urination in order to guard against tampered specimens and to insure an accurate chain of custody. The monitor shall verify the normal warmth and appearance of the specimen.

	Any eligible student selected randomly for urine drug testing who is not in school on the day of testing will be tested at the next available testing time. Students not able to provide an adequate urine specimen at testing time will be unable to participate in extra-curricular activities or drive and park on school property until proper specimen is provided. A student whose season is over can be removed from the program by signed parental consent delivered to the designated school official, but the student will be ineligible for extra-curricular activities for the remainder of the school year.

	1.	Tampering. If at any time during the testing procedure the monitor has reason to believe or suspect that a student is tampering with the specimen, the monitor may stop the procedure and inform the principal/athletic director who will then determine if a new sample should be obtained.

	2.	List of Medications Taken. In the event of a positive test result, the Medical Review Officer (MRO) of the drug testing service shall contact the parent/guardian of the student and be provided with an opportunity to provide documentation of medications legally prescribed for the student. Based on the documentation provided by the parent, the MRO will determine the status of the test result. The communication between the parent/guardian and the MRO regarding medications prescribed to the student will be strictly confidential and not shared with school personnel.


		NOTE: School personnel may be aware of medications prescribed to student due to information provided on the school emergency cards and WVSSAC Athletic Participation Forms.

I.	Positive Tests. In the event of a positive test results the parent/guardian may challenge the positive test result. The procedure would consist of a second test of the same specimen and would be conducted at the parent/guardian’s expense.

CONFIDENTIALITY

A.	Notification by Drug Testing Service. The drug testing service shall notify the Superintendent or designee of any positive test.

B.	Notification to Student, Principal, Head Coach/Sponsor, and his/her Parent/Guardian. In order to keep the positive test results confidential, the Superintendent or designee shall provide written notification only to:

	1.	For Activity Students: the student, the principal, the head coach/sponsor and the parent/guardian of the student.

	2.	For Driving Students: the student, the principal and the parent or guardian of the student.

	3.	For the Opt-In Participants: the student and the parent or guardian of the student.

The principal or designee shall schedule a conference with the student and parent or guardian and explain the student’s opportunity to submit additional information to the principal or designee or to the lab. Mingo County Schools will rely on the opinion of the drug testing service which performed the test in determining whether the positive test result was produced by something other than consumption of an illegal or performance-enhancing drug.

Record of Test Results. Test results will be kept in files separate from the student's other educational records, shall be disclosed only to those school personnel who have a need to know, and shall not be turned over to any law enforcement authorities unless the law enforcement authority presents a valid court subpoena, search warrant, or signed consent from the parent, guardian or student. Records of positive test results maintained at the school shall be destroyed upon the student’s graduation from high school.

APPEAL

Procedure for Appeal. A Participating Student who has been determined by the principal/athletic director to be in violation of this policy shall have the right to appeal the decision to the Superintendent or his/her designee(s). Such request for a review must be submitted to the Superintendent in writing within five (5) working days of notice of the positive test. A student requesting a review will remain eligible to participate in any extra-curricular activities until the review is completed. The Superintendent or his/her designee(s) shall then determine whether the original finding was justified. No further review of the Superintendent's decision will be provided and his/her decision shall be conclusive in all respects. Any necessary interpretation or application of this policy shall be in the sole and exclusive judgment and discretion of the Superintendent which shall be final and non-appealable.

CONSEQUENCES

A.	Restrictions on Activity Students. Any Activity Student who tests positive in a drug test under this policy shall be subject to the following restrictions, which shall be cumulative throughout each programmatic level:

	1.	First Offense: The parent/guardian will be contacted immediately and a private conference will be scheduled to present the test results to the parent/guardian. A meeting will then be set up with the student, parent/guardian, athletic director, and principal concerning the positive drug test. In order to continue participation in the activity the student and parent/guardian must, within five (5) days of the joint meeting, show written proof that the student has received substance abuse education/counseling from a qualified program or counseling entity. Additionally, the student must voluntarily submit to a second drug test to be administered within four (4) weeks in accordance with the testing provisions of this policy. The parent/guardian may be responsible for the cost of this drug test.

		If parent/guardian and student agree to these provisions, the student will continue to participate in the activity. Should the parent/student not agree to these provisions, the consequences listed in this policy for the second offense for the activity student will be imposed.


2.	Second Offense: Suspension from participation in all activities covered under this policy for fourteen (14) calendar days, and the parent/guardian must show written proof of successful completion of eight (8) hours of substance abuse education/counseling from a qualified program or counseling entity. The student may not participate in any meetings, practices, scrimmages or competitions during this period. Additionally, the student must voluntarily submit to a second drug test to be administered within four (4) weeks in accordance with the testing provisions of this policy. The parent/guardian may be responsible for the cost of this drug test. The student shall be tested randomly at least three (3) times throughout the calendar year for the remainder of the school year. The time and date will be unknown to the student and determined by the principal/athletic director or designee.

	a.	These restrictions and requirements shall begin immediately, consecutive in nature, unless a review appeal is filed following receipt of a positive test.

	b.	Should the parent/student not agree to these provisions, the consequences listed in this policy for the third offense for activity students shall be imposed.

	c.	Provided, however, a student who on his/her own volition informs (self-refers) the athletic director, principal, or coach/sponsor of usage before being notified to submit to a drug use test will be allowed to remain active in all activities covered under this policy. Such student shall, however, be considered to have committed his/her first offense under the policy, and will be required to re-test as would a student who has tested positive.

	d.	Additionally, a student who has committed his/her second offense under the policy will not be eligible for any interscholastic activity honors or awards given by the school and/or county.


	3.	Third Offense, and each offense thereafter. Complete suspension from participation in all extra-curricular activities including all meetings, practices, performances, and competition for one (1) calendar year. A negative drug screen will be required before the student can participate.

B.	Restrictions on Driving Students. Any Driving Student who tests positive in a drug test under this policy shall be subject to the following restrictions, which shall be cumulative throughout each programmatic level:

	1.	First Offense: The parent/guardian will be contacted immediately and a private conference will be scheduled to present the test results to the parent/guardian. A meeting will then be set up with the student, parent/guardian, and principal concerning the positive drug test. Driving privileges shall be immediately suspended until the parent/guardian submits written proof that the student has received substance abuse education/counseling from a qualified program or counseling entity. The student must voluntarily submit to a second drug test to be administered within four (4) weeks in accordance with the testing provisions of this policy. The parent/ guardian may be responsible for the cost of this drug test.

		Additionally, the student shall be tested randomly at least three (3) times throughout the calendar year for the remainder of the school year in accordance with the testing provisions of this policy.

		a.	If parent/guardian and student agree to these provisions, the student may resume driving to school upon proof of participation in drug counseling as specified.

		b.	Should the parent/student not agree to these provisions the consequences listed in this policy for the second offense for the driving student will be imposed.


	2.	Second Offense: All privileges to drive and/or park at school shall be revoked for a minimum of ninety (90) school days. Reinstatement of these privileges, after ninety (90) days or more, shall require the student to submit to another drug test performed under the procedures stated in this policy with a negative result at the student’s expense, and show written proof that the student has completed eight (8) hours of substance abuse education/counseling from a qualified program or counseling entity.

		Additionally, the student shall be tested randomly at least three (3) times throughout the calendar year for the remainder of the school year in accordance with the testing provisions of this policy.

	3.	Third Offense: All privileges to drive and/or park at school shall be revoked for one (1) calendar year. A negative drug screen will be required prior to driving privileges being restored to student.

C.	Restrictions for Opt-In Participants: The parent/guardian and student shall be contacted immediately and a private conference shall be scheduled to present the positive test results.

D.	Violation of the Student Drug Testing Policy: A violation of this policy is NOT a violation of the Student Code of Conduct Policy. Any Participating Student who tests positive in a drug test under this policy shall, as a result thereof, be subject to the restrictions described under this section labeled CONSEQUENCES only; notwithstanding any provision of the Student Code of Conduct Policy. When school district employees charged with the administration of this drug testing policy are made aware of drug use by an Activity Student, Driving Student, or Opt-In Participant, solely as a result of drug testing under this policy, that Activity Student, Driving Student, or Opt-In Participant shall NOT be disciplined under the Student Code of Conduct Policy or of their drug use so discovered.

REFUSAL TO SUBMIT TO DRUG USE TEST
Ineligibility to Participate or Drive and Park at School.

A participating student who refuses to submit to a drug test authorized under this policy shall not be eligible to participate in any activities covered under this policy including all meetings, practices, performance and competitions or drive and park on school property for the remainder of the school year. Additionally, such student shall not be considered for any interscholastic activity honors or awards given by the school and/or county.

IMPORTANT NOTE ON CONSEQUENCES

Notwithstanding, any student who violates the Student Code of Conduct Policy and West Virginia law by the illegal use of medications or drugs of any kind while on school grounds; or is under the influence of medications or illegal drugs on school grounds; the student is subject to disciplinary action as outlined in the Student Code of Conduct Policy, up to and including expulsion.

ADVISORY COUNCIL

In order to monitor policy effectiveness, the Superintendent shall appoint an advisory council to review the local data and make recommendations to the Board of Education regarding policy effectiveness. This advisory council shall include but not be limited to a school counselor from the high school, a school nurse and a community agency representative involved professionally with drug use prevention and treatment programs.

POSTSCRIPT

The Mingo County Board of Education and all of its employees are committed to cooperating with parents/guardians in an effort to help students avoid illegal drug use. The School District believes accountability is a powerful tool to help some students avoid using drugs and that early detection and intervention can save lives.

Adopted 9/4/13