Sikeston R-6

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R 2642 Student Drug Testing

Definitions

Covered Activities – Activities regulated by the Missouri State High School Activities Association (MSHSAA), excluding all activities in which students receive an academic grade for participation. For the purposes of this procedure, open campus lunch privileges will also be considered a covered activity.

Drug Testing – Testing for alcohol and illegal or performance-enhancing drugs.

Participation Days – Each day that the extracurricular group meets, regardless of whether that meeting is a practice, a group meeting or an event. A “participation day” for off-campus lunch is a day that seniors are in attendance.

I. General Procedures for All Student Drug Testing

Sample Collection

Sikeston R-6 will use an outside agency to randomly test eligible students in covered activities. The testing agency will follow practices and procedures designed to ensure the validity of testing, the proper chain of custody with regard to specimens, the confidentiality of medical information submitted with testing and procedures designed to ensure the privacy of students while testing.

Protection of Information (Privacy)

The positive test results will be reported directly to the superintendent or designee. The superintendent or designee will only notify the student, the appropriate extracurricular sponsor, the parent/guardian of the student and other persons the superintendent or designee determines need to know the information to implement district policies or procedures. All files pertaining to drug testing will be kept confidential and separate from the student’s other education records, and only school personnel with a need to know the information will have access to the information.

Positive Test Results

A positive test result is defined as a toxicological test result that is considered to demonstrate the presence of an illegal or prescription drug using the standards customarily established by the testing laboratory administering the drug use test. Upon testing positive for the use of prescription medication, the student will be given the opportunity to provide documentation that the use of the particular drug in question has been authorized by the physician providing care to the student. Review of positive drug tests will be done by a Medical Review Officer (MRO) who will inquire into the reasons for the positive drug test. This inquiry will include, but may not be limited to, contacting the dispensing pharmacy and/or the prescribing physician. A positive result attributable to the lawful use of a prescription or nonprescription drug shall not be considered a positive test result for the purposes of this policy.

A parent(s)/legal guardian(s) may request a retest of the split specimen within 24 hours of notification of the final test result. Request will be submitted to the MRO. The student will be required to pay the associated cost of the retest in advance but will be reimbursed if the result of the retest is negative. Enforcement of any exclusion from all covered activities shall be stayed until completion of the retest. If there is a positive result from the retest, the enforcement of any exclusion from all covered activities shall be effective immediately upon receipt of the positive test result. If the retest is a negative a result, then no action will be taken with respect to exclusion from all covered activities.

II. Random Drug Testing

Notification and Consent

An orientation session shall be held before the commencement of random drug testing to inform students and parents/guardians of the sample collection process, privacy arrangements and the drug testing procedures that will be used. Students wishing to participate in extracurricular activities shall receive a copy of the drug testing policy and related administrative procedures. Additionally, each student shall be required to return a signed drug testing consent form to the coach, activity sponsor, athletic director, or principal or designee by the beginning date for practice or interscholastic contest established by MSHSAA. If there is no established beginning date for practice for the activity, the signed consent form must be returned within five calendar days of the first participation day. A signed consent form shall be valid for all covered activities and will remain effective until revoked in writing by the parent/guardian. Students who do not return the signed consent form shall not be allowed to participate in covered activities.

Random Selection

The district will randomly select five percent of participating students for drug testing periodically throughout the school year. The random selection process will result in an equal probability that any participating student could be chosen. District employees shall not have the authority to waive the testing of any student selected using the random selection process.

Testing

Samples may be tested for THC/marijuana, benzodiazepines, cocaine/benzoylecgonine, amphetamines, barbiturates, phencyclidine, methamphetamine, opiates/morphine, methadone, MDMA, mephedrone, methylone, MDPV, JWH-018, JWH-073, JWH-200, CP-47, 497 CB homologue, alcohol and performance-enhancing drugs, including anabolic steroids. Samples will not be screened for the existence of any physical conditions other than prohibited drug and alcohol use.

Consequences

Following a confirmed positive test result, the superintendent or designee will immediately suspend the student from all covered activities and will schedule a conference with the student, the parent/guardian and the extracurricular sponsor. Offenses accumulate throughout grades nine through twelve. Depending on the timing of the drug test, the student may be excluded from participation in activities and/or parking on district property at the end of the school year, over the summer and/or into the beginning of the next school year.

First Offense – The first time a student tests positive under the random drug testing program, the student shall be suspended from participation in all covered activities for a minimum of 30 participation days and must pass a drug test administered by the district prior to participating in covered activities again. However, if the student tests positive for marijuana and it has not been a minimum of 45 days (time enough for the drug to pass through the student’s system), he/she will be eligible until the next drug-testing date unless a different type of drug shows up on the screening.

Additionally, for the rest of said student’s enrollment within the district, the student will participate in the random drug-testing program every time the district conducts random drug testing of other eligible students.

Alternative First Offense – With the consent of the student and his or her parents/guardians, the superintendent may reduce the suspension so that the student is only prohibited from participating in covered activities for a total of ten participation days as long as the student meets the following requirements:

Second Offense – Students with two positive test results for drugs or alcohol will be prohibited from participating in all covered activities for a minimum of 90 participation days and must pass a district- administered drug test prior to participating in covered activities again.

Third Offense – Students with three positive test results will be prohibited from participating in all covered activities for the rest of their enrollment with the district.

Refusal to Submit or Falsifying Results

A student refuses to submit for drug testing when he or she fails to provide adequate urine for testing when notified of the need to do so or engages in conduct that clearly obstructs the testing process. A participating student who refuses to submit to drug testing or who takes deliberate action to falsify his/her own results or any student who provides assistance to falsify the results of another student will be considered a positive result.

Self-Reporting

When a student, of his or her own volition, self-reports consuming drugs or alcohol in violation of district policy to an administrator, coach or extracurricular sponsor before receiving notification that he or she will be tested, that student shall be allowed to continue to participate in covered activities under the same restrictions imposed on a student who had an initial positive test even if the student had tested positive previously. A self-report is considered the same as testing positive for the purpose of future positive tests. A student may only take advantage of self-reporting once between ninth and twelfth grade.

III. Suspicion-Based Drug Testing

A student may be required to submit to a drug test when there is reasonable suspicion that the student is under the influence of or has recently consumed alcohol or any drug prohibited by district policy. Staff members will report such suspicions to the building administrator or designee as soon as possible. The building administrator or designee will determine if reasonable suspicion exists. The district’s attorney may be consulted as necessary.

Consequences

Students who test positive under this section will be disciplined in accordance with the district’s discipline code and may also be temporarily or permanently excluded from all district extracurricular activities in accordance with other district policies or practices.

Refusal to Submit or Falsifying Results

A student refuses to submit for drug testing when he or she fails to provide adequate urine for testing when notified of the need to do so or engages in conduct that clearly obstructs the testing process. A student who refuses to submit to testing or takes deliberate action to falsify results may still be disciplined under the district’s discipline code for being under the influence of alcohol or drugs. A student who takes deliberate action to falsify results may also receive additional disciplinary consequences.

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Last Updated: July 2021