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Additional Clarification Information on the Random Drug Testing Program
Jeannie Browning
Sunday, July 08 2018

Below you will find additional clarification information and to share with you what the Random Drug Testing policy looks like.  As a reminder, the Board of Education has not yet approved the policy.  The only thing the Board of Education did approve by vote was to direct the administration to put together a recommended policy for the Board of Education to review and if decided, take action on it at the July 23rd meeting.  The July 12th meeting is an informational meeting only to assist with parents, patrons and students in understanding the current recommended policy.

Question:   What will happen if a student does test positive?

Answer:    PROCEDURES IN THE EVENT OF A POSITIVE TEST RESULT:

Whenever a student’s test result indicates the presence of an illegal drug or banned substance, the provision set forth will apply:

Self-Reporting of Drug Usage

  • A student or parent/guardian may self-report a student’s drug usage at any time before the random drug test selection.

  • Consequences may be avoided by self-reporting to the Principal or Superintendent, prior to the random drawing.

  • A subsequent positive test result will count as a second positive test.

  • Self-referral may be used only once by a student throughout junior high and high school attendance.

  • Students must self-report prior to the random drawing or they will be treated the same as any other student who is selected for testing.

  • Self-referral can only be used prior to a first offense under this policy.

  • The student will be expected to complete follow-up test(s) that will be scheduled in 90-120 day increments. A positive test will count as a second positive test.

A. 1st Violation of a USD 330 Student:

  • If a student tests positive, the student will miss (14) calendar days as a participant or spectator. The student is expected to continue to practice with the team/organization but will not attend competitions/activities outside of practice during the suspended time period.

  • The student will be required to complete an initial Chemical Dependency Assessment done by a Certified Chemical Dependency Professional. Proof of completion is required. Because the USD 330 Random Drug Testing Policy is a proactive “Helping Policy” that assists students and their parents in identifying the use of illegal substances, USD 330 Mission Valley will cover (up to $50) of the cost of an initial Assessment for any student who tests positive and also cover the cost of an (ADIS) Alcohol/Drug Information Session with a provider designated by the district OR cover the cost of one treatment session with a district designated provider depending on the recommendation made by the Assessment.

  • The student will be placed into the random drug testing pool for three (3) consecutive tests.  Consecutive tests may occur over separate school years.

  • The student will be expected to complete follow-up drug test(s) that will be scheduled in 90-120 day increments.

  • In order to regain eligibility in activities, students must have completed all requirements stated in the policy.

B. 2nd Violation of a USD 330 Student (Two Positive Test Results):

  • A forty-five (45) calendar day suspension from activities as a participant or spectator. With administrative approval and the coaches/sponsors consent the student may practice with the team/organization but will not attend competitions/activates outside of practice during this time period.

  • The student will be required to complete an initial Chemical Dependency Assessment done by a Certified Chemical Dependency Professional. Any incurred expense for drug assessment and/or treatment will be the responsibility of the student/parent.

  • Proof of completion is required before a student will be allowed to participate or be a spectator.

  • The student will be placed into the random drug testing pool for three (3) consecutive tests. Consecutive tests may occur over separate school years.

  • The student will be expected to complete follow-up drug test(s) that will be scheduled in 90-120 day increments.

  • In order to regain eligibility in activities, students must have completed all requirements stated in the policy.

C. 3rd Violation of a USD 330 Student (Three Positive Test Results):

  • A three hundred sixty five (365) calendar day suspension from activities as a participant or spectator. The student will not be permitted to participate in practices during the banned period.

  • The suspension may be reduced to one hundred eighty (180) days if the student completes either a Certified Inpatient of Outpatient treatment program. The parent/guardian will be responsible for the cost of such program.

  • Proof of completion is required before a student will be allowed to participate or be a spectator.

  • The student will be placed into the random drug testing pool for three (3) consecutive tests. Consecutive tests may occur over separate school years.

  • The student will be expected to complete follow-up test(s) that will be scheduled in 90-120 day increments.

  • In order to regain eligibility in activities, students must have completed all requirements stated in the policy.

 

QUESTION---Are staff members going to be part of the Random Drug Testing Policy?

Answer---No.  The Random Drug Testing policy is a policy for students in 7th-12th grades.  The United States Supreme Court has upheld random drug testing for students in extra-curricular activities.

 According to legal experts from the Kansas Association of School Boards a drug test is considered a "search" under the 4th Amendment and the only time that districts can test employees is if they are in a safety sensitive position defined by Federal Law as airline pilots, transportation and bus drivers, etc. or there has been an accident that may result in a work comp claim.   Teaching is not considered a "safety sensitive position".  Employee drug testing by government entities like school must be supported by "reasonable suspicion and consent".  Private business can do drug testing as they are not part of "government" but school districts are part of "government" and cannot do random drug testing unless they have reasonable suspicion, there has been an accident which may cause a work comp claim, or they are in a safety sensitive position as defined by Federal Law. USD 330 bus drivers are subject to random drug testing as they are employed in the area of transportation.

QUESTION--Why does this policy only go after athletes?

Answer--This policy is not directed at athletes only.  This policy is for any student in grades 7th-12th who wish to participate in or attend any extracurricular activity.  This includes any student who wishes to join a club, organization, sports team, or who wants to attend any extra-curricular activity as a spectator.  If a student does not plan on joining, participating, or attending any extra-curricular activity such as school dances, Prom, etc... then they can OPT-Out.

We hope that this continues to help people have a clear understanding of the proposed policy.