Munday
Consolidated Independent School District
Drug Testing Policy
STUDENT
RIGHTS AND RESPONSIBILITIES:
FNF
INTERROGATIONS AND SEARCHES
(LOCAL)
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INTERROGATIONS
BY SCHOOL OFFICIALS |
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Administrators,
teachers, and other professional personnel have the authority to question
a student about the student’s own conduct or the conduct of other
students. In the context of
school discipline, students have no claim to the right not to incriminate
themselves. |
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BY
POLICE OR OTHER
AUTHORITIES |
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For
provisions pertaining to student questioning by law enforcement officials
or other lawful authorities, see GRA (LOCAL). |
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LOCKERS
AND VEHICLES |
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Students
have full responsibility for the security of their lockers and for
vehicles parked on or within 300 feet of
school property. It is the
student’s responsibility to ensure that vehicles are locked and that the
keys are not given to others. Students
will not place, keep, or maintain any article or material that is
forbidden by district policy in lockers or in vehicles parked on or within
300 feet of school property. Lockers
are school property and remain under the school’s control at all times.
School officials may search lockers at any time.
School officials may search vehicles parked on or within 300 feet
of school property if there is reasonable cause to believe that they
contain articles or materials prohibited by District policy.
Students are responsible for any prohibited items found in their
lockers or in vehicles parked on or within 300 feet of school property. If
a vehicle subject to search is locked, the student will be asked to unlock
the vehicle. If the student
refuses, a school official will contact the student’s parents.
If the parents also refuse to permit a search of the vehicle,
school officials will turn the matter over to local law enforcement
officials. |
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NOTICE |
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At
the beginning of the school year, the District will inform students of its
policy on searches, as outlined above, and will specifically notify
students that: 1.
Lockers are school
property and remain under the school’s control at all times. 2.
Vehicles
parked on or within 300 feet of school property are subject to search
based on reasonable cause. 3.
If contraband of any
kind is found as a result of a search, the possessing student will be
subject to the appropriate disciplinary action,
regardless of knowledge or intent, in accordance with the Student Code
of Conduct. |
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PARENT
NOTIFICATION |
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The
student’s parent or guardian will be notified if any prohibited articles
or materials are found in a student’s locker, in a student’s vehicle
parked on or within 300 feet of school property, or on the student’s
person, as a result of a search conducted in accordance with this policy. |
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EXTRACURRICULAR
ACTIVITY DRUG TESTING RATIONALE |
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The
Board encourages students to participate in school-sponsored
extracurricular activities, but believes the opportunity to participate is
a privilege offered to eligible students on an equal opportunity basis.
The use of alcohol or other drugs by students participating in
extracurricular activities presents a hazard to the health, safety, and
welfare of the student participant. The
Board believes testing student participants in school-sponsored
extracurricular activities serves the important purpose of detecting and
preventing illegal drug and alcohol use among students. |
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DEFINITION |
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“School-sponsored
extracurricular activity” means, without limitation, all interscholastic
athletics, cheerleading, drill team, academic clubs, special interest
clubs, musical performances, dramatic productions, student government,
fine arts organizations, industrial technology and agricultural
organizations, and any other activity or group that participates in
contests, competitions, or community service projects on behalf of or as a
representative of the District. |
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REQUIRED
TESTING |
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To
be eligible to participate in any school-sponsored extracurricular
activity, a secondary student (grades 8-12) must agree to participate in a
drug-testing program that includes random testing during the school year. |
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USE
OF RESULTS |
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The
results of any drug test administered under this policy will be used only
to determine eligibility for participation in school-sponsored
extracurricular activities. |
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CONFIDENTIALITY |
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Results
will be kept confidential and disclosed only to the student, his or her
parents/guardians, and school officials designated by the Superintendent.
Results will not be placed in student records.
Students will not be penalized in any other way.
No actions will be taken by the school against the student other
than suspension from participating in extracurricular activities, as
outlined below. |
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PROHIBITED
CONDUCT |
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Student
participants in school-sponsored extracurricular activities will not at
any time during the school year use, possess, sell, distribute, or be
under the influence of any illegal drug, anabolic steroid or other
performance-enhancing substance, or alcohol.
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PARENT/STUDENT
MEETING |
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A
meeting with potential student participants and their parents or guardians
will be scheduled in the Spring for students desiring to participate in
the following school year and at the beginning of each semester for
students desiring to participate in activities during that semester who
did not participate in an earlier session. The drug-testing plan will be
discussed and copies of the policy, procedures, and the consent form will
be provided for each participant at that time. |
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CONSENT
FORM |
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Student
participants and parents of minor students must sign a consent form
agreeing to participate in the drug-testing program. If the student
participant or his or her parent or guardian declines to sign the consent
form, the student will not be permitted to participate in school-sponsored
extracurricular activities. For
students who enroll after the beginning of the school year, consent forms
must be signed within seven days of enrollment in order for the student to
be eligible to participate in school-sponsored extracurricular activities
for that school year. Late-enrolling
students who do not submit a properly signed consent form within seven
days can be eligible to participate during that school year only by
submitting a properly signed consent form and a negative result on a
parent-requested and parent-paid drug test. Consent
forms are valid for the current school year only and must be renewed
annually in order for the student to continue participating in
school-sponsored extracurricular activities.
Students
who are age 18 or older will not be required to obtain a parent signature
for the consent form. |
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TESTING
PROCEDURE |
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A
licensed medical facility or third party administrator selected by the
Superintendent and approved by the Board will conduct all testing for the
presence of drugs in student urine samples. The Superintendent is the
program manager who will administer the program with the selected
drug-testing provider. Substances
specifically tested for will include substances that are illegal to buy,
possess, use, sell, or distribute under state or federal law, including
prescription drugs, and alcohol. These
substances include marijuana, cocaine, methaqualone, benzodiazepines,
phencyclidine (PCP), methadone, barbiturates, propoxyphene, amphetamines,
opiates, Ecstasy, metabolites of any of these substances, and performance
enhancing substances. Samples
will be taken under conditions that are no more intrusive to students than
the conditions experienced in a public restroom.
The Superintendent, in cooperation with the selected drug-testing
provider, will develop administrative regulations for collection and
testing. Any
student who refuses to be tested during a semester or who tampers with, or
assists others in tampering with, any sample will be removed from
extracurricular activities. |
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RANDOM
TESTS |
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Random
tests will be conducted from time to time during the school year.
Students will be assigned numbers running consecutively.
A record of the numbers and the students to whom they are assigned
will be maintained under confidential conditions in the Superintendent’s
office. The testing agency will develop and implement a system to randomly
select students by that number for each testing session.
Students
will not be notified in advance of any drug test.
When selected for testing, students will be escorted to the
school’s testing site by a school employee and will remain under
employee supervision until a sample is provided.
If a student is in school and fails to report for testing at the
appointed time, he or she will be removed from the activity. Parents
will be notified in writing on any day their child is selected for
testing, regardless of test results. |
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POSITIVE
TEST RESULTS |
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All
positive results for the presence of drugs or performance-enhancing
substances must be confirmed by a second, more definitive test before
being reported as positive. Positive
results from the initial test for alcohol will be considered a true
positive and will not be subject to further analysis.
When there is a confirmed positive test result, the following steps
will be taken: 1.
Results will be
reported to the Superintendent or designee. 2.
The Superintendent or
designee will notify the student’s parent or guardian and the student of
the test results and will schedule a meeting as soon as possible.
3.
At the meeting, the
Superintendent or designee will give the student and parent a copy of the
test results and provide them an opportunity to offer an explanation for
the results. Parents may also
request a retest of the original specimen to confirm the results, but the
retest and review by the testing company‘s medical review officer will
be at the parent’s expense. A
request to retest must be made in writing within 24 hours of the meeting
with the administrator, and payment for the retest must be included with
the request. 4.
Sanctions will be
fully enforced during any appeal or retesting at parent request. 5.
Sanctions are
cumulative throughout the student’s career, grades 8-12. 6.
All suspensions for
participation will begin on the date that the positive result is reported
to the Superintendent or designee. |
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SANCTIONS |
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For
a first positive result, the student will not be removed from
extracurricular activities immediately and: 1.
will be required to
attend substance abuse counseling sessions as specified by the
Superintendent or designee. Parents
are encouraged to attend also, as appropriate and in accordance with the
guidance of the professional providing the counseling.
Parents will be bear the cost, if any, of the counseling. 2.
will be tested during
the next three testing dates, regardless of the school year. 3.
will be removed from
extracurricular activities if they fail to meet counseling requirements
within 30 days after the meeting with the Superintendent or designee, but
may be reinstated by meeting the counseling requirements. For
a second positive result, the student: 1.
will be required
again to attend substance abuse counseling. 2.
will be suspended
from all school-sponsored extracurricular activities for at least 15
calendar days, including all non-school days within the period, or until
counseling requirements are completed; whichever occurs last.
3.
will be tested during
the next four testing dates, regardless of the school year, unless the
student provides a written statement to the Superintendent or designee
that he or she is quitting or leaving the program or activity. For
a third positive result, the student: 1.
will be required
again to attend substance abuse counseling. 2.
will be suspended
from all extracurricular activities for at least 40 calendar days,
including all non-school days within that period, or until counseling
requirements are completed; whichever occurs last.
3.
will be tested during
the next six testing dates, regardless of the school year, unless the
student provides a written statement to the Superintendent or designee
that he or she is quitting or leaving the program or activity. For
a fourth positive result, the student: 1.
will be required
again to attend substance abuse counseling. 2.
will be suspended
from all extracurricular activities for at least one calendar year
including all non-school days within that period, or until counseling
requirements are completed; whichever occurs last.
3.
will be tested during
the next six testing dates, regardless of the school year, unless the
student provides a written statement to the Superintendent or designee
that he or she is quitting or leaving the program or activity. For
any further positive results, the student: 1.
will be required
again to attend substance abuse counseling. 2.
will be suspended
from all extracurricular activities for at least one calendar year
including all non-school days within that period, or until counseling
requirements are completed. 3.
will be tested during
the next eight testing dates, regardless of the school year, unless the
student provides a written statement to the Superintendent or designee
that he or she is quitting or leaving the program or activity. |
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REINSTATEMENT |
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A
student who leaves or quits a program or activity after a positive test
result may be reinstated by: 1.
obtaining permission
from the coach/sponsor and the campus administrator; 2.
participating in the
drug-testing program during the next three testing sessions at the
parents’ expense; and 3.
returning to the
activity or program at the same status in relationship to this policy as
when the student left the program. |
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APPEAL |
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An
appeal of the sanction may be instituted by the parent by giving written
notice to the Superintendent within five days.
The student will be ineligible for participation pending the
appeal. Using the procedures
in FNG (LOCAL) for a Level Three presentation, the Board will determine
whether the sanction was justified. |
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EFFECT
OF DISCIPLINE POLICY |
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Nothing
in this policy limits or prohibits the application of Board policy
providing for disciplinary action for students using, under the influence
of, in possession of, or distributing illegal drugs or alcohol on school
property or at school events. |