Student Drug Testing
The LOISD Administration has a concern for the students and the community as a whole. Students using illegal drugs pose a threat to their own health and safety as well as that of other students and the general public. The Administration believes that mandatory random drug testing of students in extracurricular activities and those that drive a vehicle to school will assist in deterring drug use, undermining the effects of peer pressure by giving students a reason to refuse the use of illegal drugs, promoting the safety and welfare of students and the community, and encouraging students who use illegal drugs to participate in drug treatment programs.
The Administration finds that:
- Drug use by students attending district schools has increased.
- Drug use by minors has increased nationwide.
- Students participating in extracurricular activities are role models for other students and are admired by other students.
- Students participating in extracurricular activities are seen as representatives and ambassadors of the school district.
- The possibility of injury increases for students participating in extracurricular activities when illegal drugs are used.
- Public school students have a decreased expectation of privacy.
Students who participate in extracurricular activities and those who drive a vehicle to school will be required to submit to random drug testing consistent with the policy. Extracurricular activities include, but are not limited to, all UIL activities, district clubs and organizations such as the Student Council and include all elected/appointed student officers. Students who would not otherwise be required to submit to drug testing may voluntarily agree to participate in this program with the written consent of their parents/guardians.
Drug testing will be done by a nationally certified drug-testing laboratory. The district will contract with a certified drug testing service to conduct all drug testing under this policy. The laboratory will provide qualified collectors to oversee the collection of specimens. The service will provide Medical Review Officer (MRO) services for interpretation and verification of results. The MRO will report all drug test results to designated school officials. Results will not be provided either orally or in writing to any person who has not been designated by the district to receive results.
The laboratory will follow strict procedures for the chain of custody and access to test results. The laboratory must have a record of 99.94% accuracy for test procedures. The district reserves the right to test for substances, including but not limited to: alcohol, amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, methadone, methaqualone, nicotine, opiates, phencyclidine, steroids, other illegal or addictive drugs and any adulterant.
All students covered by this policy will be required to submit to drug testing prior to engaging in the designated activities. The superintendent or the principal may request random testing at any time. For random testing, the names of all eligible students will be placed in a computer-generated “pool”. Random selection from that pool will be conducted by the testing service. Not less than 10% or more than 50% of the students engaged in a particular extracurricular activity may be randomly tested at any given time.
When a principal has reason to believe that an eligible student is currently using illegal drugs, a reasonable suspicion exists for drug testing. The principal may require the student to submit to a drug test.
Drug testing will be performed by urinalysis. It will be performed in accordance with accepted practices and procedures as established by the certified drug testing laboratory with whom the district contracts. Student privacy will be protected to the greatest extent possible during the collection and coding of urine specimens. Students will provide urine specimens in an empty restroom accompanied by an adult monitor of the same gender. Male students will produce a sample at a urinal, remaining fully clothed with their backs to the monitor. Female students will produce a sample in a closed stall.
Results of any drug test will not be given to law enforcement authorities nor be used for any school district discipline, except as related to extracurricular activities. Access to written drug results will be limited to the following:
Access to verbal notification that a student has tested positive for drug use will be provided to the following:
- Coach/sponsor of the specific activity in which the student participates at the time of the second offense
All information related to the testing or the identification of students as a user of illegal drugs will be protected by the district and its employees, officers and agents as confidential, unless otherwise required by law, overriding public health and safety concerns, or as authorized by the parent/guardian or student. Release of information by a district employee may result in disciplinary action that may include termination of employment.
The district will maintain test results for no more than one year.
If the drug test indicates positive results, the laboratory will immediately forward the results to its MRO. The MRO will contact the designated school official to report the positive result. The school official will contact the parent/guardian to determine if prescription medication or other legal substances may have caused the positive result. This information will be provided to the MRO who will confirm or refute the results of the test. If a positive test is confirmed, the MRO will notify the designated school official. The school official will notify the parent/guardian of a confirmed positive result.
Upon the first confirmed positive test result, the parent/guardian and student will meet with the principal and/or counselor to discuss the test results and consequences. The student will be required to attend and successfully complete a drug education program approved by the district. The student will be suspended from participation in all extracurricular activities for 30 calendar days. At the end of the suspension, the student must submit to a drug test by a nationally certified drug-testing laboratory. The student and parent/guardian will be responsible for the cost of the test. The student will be subject to testing on each district test date thereafter. The student and parent/guardian will be responsible for the cost of all further testing.
Upon the second confirmed positive test result, the parent/guardian and student will meet with the principal and/or counselor to discuss the test results and consequences. The student will be required to attend and successfully complete a drug education program approved by the district. The student will be suspended from participation in all extracurricular activities for 90 calendar days. At the end of the suspension, the student must submit to a drug test by a nationally certified drug-testing laboratory. The student and parent/guardian will be responsible for the cost of the test. The student will be subject to testing on each district test date thereafter. The student and parent/guardian will be responsible for the cost of all further testing.
If a student refuses any test as required or authorized by this policy, the student will receive the same consequences as set out for a positive result for each refusal.
Students who are not involved in designated activities but who voluntarily participate in drug testing with the consent of their parents/ guardians will be subject to the same consequences for positive tests as set out herein except for suspension from extracurricular activities.
The student or parent/guardian must file an Appeal of the consequences of a positive result within 24 hours of confirmation of a positive result. The appeal will be in accordance with district policy FG (Local). During the pendency of any appeal, the student will remain suspended from all applicable extracurricular activities. If the appeal is resolved in favor of the student, the student will be immediately reinstated to the extracurricular activity. Any drug test incident to an appeal must be performed by a nationally certified drug testing laboratory and will be done at the parent/guardian’s expense.