JFCI Policy - Mandatory Drug Testing for Students Involved in Extracurricular Activities

DISTRICT POLICY JFCI

MANDATORY DRUG TESTING FOR STUDENTS INVOLVED IN

EXTRACURRICULAR ACTIVITIES

(Grades 6-12)

MISSION STATEMENT

The Board of Education, students, parents, community members, and staff of Sublette County School District No. 9 value students’ participation in extracurricular activities. Such students, as role models for other students, are essential to our goal of providing the best possible educational programming for our students. To achieve our goal and to maximize the skills and talents of our students, it is important that each student understands the dangers of drug and alcohol use. Participation in extracurricular activities is a privilege which can be taken away for failure to comply with this policy. The purpose of this policy is as follows:

1) To provide for the health and safety of all students;

2) To undermine the effects of peer pressure by providing legitimate reasons for students to refuse the

use of illegal drugs and/or alcohol; and

3) To encourage students who use illegal drugs and/or alcohol to participate in appropriate treatment

programs.

DEFINITIONS

DPA: A national certified Drug Program Administrator, which shall use a certified laboratory in testing of samples.

Random: Selection for random testing will be by lottery drawing from the “pool” of all students who participate in activity programs.

Drugs: Any substance considered illegal by Wyoming Statutes or which is controlled by the Food and Drug Administration unless prescribed to the student by any licensed medical practitioner authorized to prescribe controlled substances. For purposes of this policy, drugs shall include the illegal use of alcohol.

Drug Program Coordinator: The Drug Program Coordinator shall be the School Principal or the designee.

MRO: Medical Review Officer.

School Year: From the first day classes commence in the fall, unless the activity begins prior to the first day of classes, in which event it shall include from the first day of practice through and including the last day of classes in the following spring.

Activity Programs: Any activity that meets the guidelines of the Wyoming High School Activities Association and the Sublette County School District No. 9 sanctioned activities.

Participant: Any student who participates in any extracurricular activity as herein before set forth shall be a participant and his/her name shall be included in the participant pool. A participant shall enter the participant pool upon signing the attached consent Form 1 and returning said signed consent form to the School Principal. A participant shall remain in the selection pool from the date the consent form is returned to the School Principal. A participant may be subject to testing at any time. Any student who tests positive will continue to be tested through the summer months (Page 4, Procedure, 1.E). Students who quit or are cut from an activity may request their name be dropped from the testing list (Page 3, Procedure 1.C). Quitting the activity must occur prior to being selected for testing to be removed from the testing pool of students.

Voluntary Participation: Students not involved in activities may be allowed to voluntarily participate in the testing pool with a consent form signed by the parent.

Sample Collection: Samples will be collected as directed by the Drug Program Administrator on the same day the student is selected for testing. If the student is absent an alternate will be selected, in sequential order, from an alternate list provided by the Drug Program Administrator. If a urine sample is required, all students providing samples will do so alone in an individual bathroom or stall with the door closed.

Drug Program Administrator: The Board will choose a nationally certified Drug Program Administrator (DPA) for the purpose of determining through random selection the student(s)/ participant(s) to be tested. This will be accomplished by the use of a “Student List” identifying the student by number only. The DPA, by use of a certified laboratory, shall also process sample results and maintain privacy with respect to test results and related matters.

Medical Review Officer “MRO”: Sublette County School District No.9 will utilize an MRO to review all laboratory-reported positive tests. The role of the MRO is critical to protecting the interest of the students.

The MRO serves a critical role in determining whether the use of a substance identified by the sample analysis is from illicit use or a legitimate medical use. The MRO will demonstrate his/her knowledge by being certified by an MRO Accreditation body. The parent or the guardian will be contacted by the MRO or his/her assistant. The MRO will report results of verified positives and/or warrant health and safety issues to the student and to the designated school representative through the DPA.

Scope of Tests: The drug screen tests for one or more illegal drugs and/or alcohol. The Drug Program Coordinator shall determine which illegal drugs shall be screened, but in no event shall that determination be made after selection of students for testing. Student samples will not be screened for the presence of any substances other than an illegal drug or for the existence of any physical condition other than drug use.

Non-Punitive Nature of Policy: No student shall be penalized academically for testing positive for illegal drugs or alcohol. The results of drug tests pursuant to this policy will not be documented in any student’s academic records. Information regarding the results of drug tests will not be disclosed to criminal or juvenile authorities absent legal compulsion by valid and binding subpoena or other legal process, which the district shall not solicit. In the event of service of any such subpoena or legal process, the student and the student’s custodial parent or legal guardian will be notified as soon as possible by the district.

DRUG SCREENING PROCEDURES

General Policy: Practical experience and research have proven that even small quantities of narcotics, abused prescription drugs or alcohol can affect judgment and reflexes which can create unsafe conditions for students, especially those involved in sports or any activity covered in this policy. Even when not readily apparent, the effect can have serious results for students engaged in activities. Drug-using students participating in extracurricular activities are a threat to co-participants, other students, and themselves, and may make injurious errors. For these reasons, the Board has adopted a policy that all students participating in extracurricular activities must remain substance-free.

Prohibitions: All students participating in extracurricular activities are prohibited from using, possessing, distributing, and manufacturing, or having drugs, improperly used medications, or any mind/mood altering or intoxicating substances present in their system.

Alcohol Use / Possession: All students participating in extracurricular activities are prohibited from possessing or using alcohol.

After School Hours Conduct: After-school-hours use of drugs, alcohol, or any other prohibited substances is illegal. All students participating in extracurricular activities should realize that these regulations prohibit all illicit drug use during and away from school activities.

Procedure:

1. All Current Students Participating in Extracurricular Activities

A. Random Testing

The Board authorizes random unannounced screening of all students participating in extracurricular activities. The list of students participating in extracurricular activities contained in the random pool will be updated upon receipt of a signed consent form. Students participating in extracurricular activities who have been selected will be required to report to the designated collection site for testing.

B. Consent

Each student wishing to participate in any extracurricular activity and the student’s custodial parent or legal guardian shall consent in writing to drug testing pursuant to the district’s drug testing program. Written consent shall be in the form attached to this policy as Form 1. No student shall be allowed to participate in any extracurricular activity absent such consent.

C. Removal From the Random Testing List

Students who quit or are cut from an activity, prior to being selected for random testing, may request their name be dropped from the testing list. A request form must be signed by the student and his/her parents to be dropped. Opting out is for 365 days. However, students may volunteer to remain in the pool even though he/she are not part of the activity.

D. Grades 6-8 Continued Testing: Students entering high school from middle school will continue

under the 365 day drug testing period and are subject to continued testing until the 365 day time period is complete.

2. Testing Procedures

A. General Guidelines

The Board and the DPA shall rely, when practical, on the guidance of the Federal Department of Transportation, Procedures for Transportation Workplace Drug Testing Programs, 49 C.F.R. Parts 40.1 through 40.39, and on the further guidance of the Omnibus Transportation Employee Testing Act provided in 49 C.F.R. Parts 382, 391, 392 and 395.

B. Substances

Substances that students participating in extracurricular activities may be randomly tested for include, but are not limited to: alcohol, amphetamines, cannabinoids, cocaine, opiates, inhalants, synthetic opiates and PCP, and other substances, such as but not limited to steroids, barbiturates, and benzodiazepines without advance notice as part of tests authorized by the Board for safety purposes. Such tests will be coordinated with the Drug Program Coordinator.

C. Testing Procedure

The Board reserves the right to utilize breath, saliva or urinalysis testing procedures. Urine and oral fluid samples which screen positive will be confirmed by GC/MS (Gas Chromatography/Mass Spectroscopy). Positive saliva or breath alcohol tests will be confirmed by EBT (Evidential Breath Tester).

3. Collection Sites

The Drug Program Coordinator will designate a collection site(s) at each school where individuals may provide specimens.

4. Collection Procedures

The Board and the DPA have developed and will maintain a documented procedure for collecting, shipping and accessing all specimens. The Board and the DPA will utilize a standard Custody and Control Form for all students participating in extracurricular activities testing. A tamper-proof sealing system, identifying numbers, labels, and sealed shipping containers will be used for specimen transportation. Collection sites will maintain instructions and training emphasizing the responsibility of the collection site personnel to protect the integrity of the specimen and maintain as proper a collection procedure that is reasonable. All alcohol testing will be performed by a certified Breath Alcohol Technician (BAT). Where the Board has an employee collect the specimen, the Board will provide instruction and training to that employee.

5. Return of Results

The DPA will transmit by a secure method the results of all tests to the DPA’s MRO. The MRO will be responsible for reviewing test results of students. Prior to making a final decision, the MRO shall give the individual an opportunity to discuss the result either face-to-face or over the telephone. The DPA shall then promptly tell the principal of the school which student(s) tested positive.

6. Request for Retest

A split specimen will be collected for all testing methods, with the exception of alcohol testing. A positive alcohol test will be confirmed with an EBT device. Students involved in the program may, upon a non-negative test result, request that the split sample be tested (within 72 hours of being notified of the final testing result) at a second nationally certified laboratory from a list provided by the MRO. The request for the test must be submitted in writing to the MRO. Students participating in extracurricular activities are required to pay the associated costs for an additional test in advance. However, the costs will be reimbursed if the result of the split sample test is negative.

Positive Results

Whenever a student’s test results indicate the presence of an illegal drug (positive test), the following will occur: If the sample tests positive, the custodial parent or legal guardian will be notified and a meeting will be scheduled with the school principal (Drug Program Coordinator), the student, and the custodial parent or legal guardian.

First Positive Test:

• DPC meeting with parent/s and student.

• The student will be ineligible to publicly perform in any activity for 20 school days. The student may

return to practice at the discretion of the head coach. If the end of the activity precedes the end of the

20 days, the remaining days will carry over to the next activity so the student completes the required

number of days.

• Written proof of an alcohol/drug use assessment by a drug counselor is required prior to participating

in the activity including practice. Completion of five hours of alcohol/drug counseling is required, and a negative test must be provided before the student may return to publicly perform in the activity.

• Follow-up drug testing, a minimum of once a month, will commence after the first parent meeting for

the next 365 days or end upon graduation from Sublette County School District No. 9.

Second Positive Test:

• DPC meeting with parent/s and the student.

• An additional five sessions of alcohol/drug counseling must be completed before the student may

return to activities. Completion of a district approved substance abuse program/course must be completed before the student may return to activities.

• Follow-up drug testing, a minimum of once a month, for the next 365 days will begin upon notification

of the second positive test, or end upon graduation.

• The student will be ineligible to publicly perform in any activity for 60 school days. The student may return to practice at the discretion of the head coach. If the end of the activity precedes the end of the 60 days, the remaining days will carry over to the next activity so the student completes the required number of days.

Third Positive Test

• DPC meeting with the parent/s and student.

· The student will be ineligible to publicly perform in any activity for one calendar year (365 days) from the date of the infraction.

· A minimum of 10 sessions of counseling must be completed before the student may return to activities.

· The student will also be required to complete 20 hours of community service before the student may return to activities. All community service hours must be approved by the principal.

Refusal to Submit to Drug Use Test: A participating student who refuses to submit to a drug test authorized under this policy, or fails or refuses to comply with any other provision of this policy, shall not be eligible to participate in any activities covered under this policy including all meetings, practices, performances and competitions for a period of 365 days. If the student refusing to submit to a drug test has previously had two (2) positive tests or previously refused to submit to a drug test, the student will be ineligible to participate in any activities for the remainder of the student’s time as a student at Sublette County School District No. 9.

Appeal: A student participating in extracurricular activities who has been determined by the principal or Drug Program Coordinator 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) calendar days of notice of the positive test. A student requesting a review will remain eligible to participate in any extracurricular activities until the review is completed. The Superintendent or his/her designee(s) shall then as soon as possible 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.

Record Keeping and Confidentiality: All records pertaining to participants shall be kept separate from the student records. The record keeping and results of all testing will be held in the strictest confidence. These records will be accessible only to the Drug Program Coordinator, Superintendent or his designee. Records pertaining to a particular student will be destroyed upon his/her graduation, or one year after his/her class graduation.

SEVERABILITY

Should any sentence, clause, provision, or paragraph of this entire policy be deemed unlawful or unconstitutional, it is intended that, insofar as may be practicable, the remaining portions of this policy shall remain in full force and effect.

Adopted: May 23, 2012

Amended: October 18, 2012

Amended: July 17, 2018

Amended: August 16, 2022

Exhibit 1

MANDATORY DRUG TESTING FOR STUDENTS INVOLVED IN EXTRACURRICULAR ACTIVITIES

CERTIFICATION OF UNDERSTANDING

I have read and understand the contents of the Sublette County School District No. 9's Mandatory

Drug Testing Policy for Students Involved in Extracurricular Activities.

I understand by signing this document and also the General Authorization Form that I will abide by the terms and conditions of Sublette County School District 9's Mandatory Drug Testing for Students Involved in Extracurricular Activities.

Please mark which line is true for you.

____I intend to participate in extracurricular activities this school year.

____I do NOT intend to participate in extracurricular activities this school year.

Student Name (Printed)

Grade School

Student Signature Date

Parent or Guardian Signature Date

Adopted: May 23, 2012

Amended: July 17, 2018

Exhibit 2

MANDATORY DRUG TESTING FOR STUDENTS INVOLVED IN

EXTRACURRICULAR ACTIVITIES

GENERAL AUTHORIZATION FORM

I understand that my performance as a participant and the reputation of my school are dependent, in part, on my conduct as an individual. I hereby agree to accept and abide by the policies, standards, rules and regulations set forth by the Sublette County School District No. 9.

I also authorize the Sublette County School District No. 9 drug program administrator, or their designee, to conduct a breath, saliva, or urinalysis to test for drugs and/or alcohol use. I also authorize the Sublette County School District No. 9 drug program administrator, or their designee, to conduct random tests.

I do further authorize Sublette County School District No. 9 to pay for the administration of this drug testing policy, and specifically the testing and analysis of any specimen collected as it pertains to the below-named person, utilizing the general funds and/or any other acceptable funds of Sublette County School District No. 9.

I also authorize the release of information concerning the results of such a test to the Sublette County

School District No. 9, the contracted testing/consulting service, and to the parents or guardians of the

student.

This shall be deemed a consent pursuant to the Family Education Right to Privacy Act for the release of above information to the parties named above.

_____________________________ ________________________

Student Name (Printed) Date Student Signature Date

Parent Or Guardian Signature Date

Sport or Activity: __ GRADE:_

Adopted: May 23, 2012

Amended: October 18, 2012

Exhibit 3

MANDATORY DRUG TESTING FOR STUDENTS INVOLVED IN EXTRACURRICULAR ACTIVITIES

** REMOVAL FROM TESTING POOL REQUEST FORM**

STUDENT NAME

DATE

SCHOOL

GRADE

I request that my name be removed from the SCSD#9 student random testing pool as I am no longer a participant in activities. By opting out, I understand I am no longer eligible for participation in activities for 365 days. I am withdrawing and no longer participating in any activities.

Student Name (Printed) Date

Student Signature Date

Parent or Guardian Signature

Adopted: May 23, 2012

Amended: July 17, 2018

JFCI_Student Random Drug Testing_08.16.22.pdf

JFCI Exhibits 1-3_Mandatory Drug Testing for Students involved in Extracurricular Activities_07.17.18.pdf