FILE: IDFAA
STUDENT DRUG TESTING
STUDENTS NOT INVOLVED IN SCHOOL ATHLETICS OR DESIGNATED EXTRACURRICULAR GROUPS (DECG)
All students in grades 7-12, with parental consent, may volunteer to be tested for drugs by random selection. Consent forms shall be obtained from parents for each student being tested. Should a parent desire that his/her child not be tested, the child shall not be included in the randomly selected pool. Students testing negative on their tests can be tested again according to the random selection process.
STUDENTS INVOLVED IN SCHOOL ATHLETICS OR DESIGNATED EXTRACURRICULAR GROUPS
All athletes shall be drug tested as a group in a unified manner at the beginning of each individual sport prior to the first contest of each sport season. Students who participate in the designated extracurricular groups, herein referred to as DECG, shall be tested prior to that group’s first official performance/contest of the school year. The designated extracurricular groups are:
Band-performance groups
Choir-performance groups
Cheerleaders
Dance/Drill Teams
Spirit Groups
Athletes
It is the position of the Ouachita Parish School Board and its schools that participation in school DECG is a special privilege and carries an added responsibility of representing the school in a unique way. It is also the policy of the Ouachita Parish School Board that students shall be accorded reasonable safety measures in high school athletics and extracurricular activities. Extracurricular activity is not a required part of the educational process, and thus is not mandated by the Board. Through participation in athletics, students in athletics and other extracurricular activities using illegal drugs pose a threat to their own health and safety, as well as to that of other students. The purpose of this program is (1) to provide for the health and safety of all student athletes and students participating in other extracurricular activities; (2) to undermine the effects of peer pressure by providing a legitimate reason for student athletes and students participating in other extracurricular activities to refuse to use illegal drugs; and (3) to encourage student athletes and other extracurricular participants who use drugs to participate in drug treatment programs. It is designed to create a safe, drug free environment for student athletes and other participants in extracurricular activities and assist them in getting help when needed.
All high school students, both male and female, in Ouachita Parish engaged in athletics and other physically strenuous extracurricular and co-curricular activities shall be subject to mandatory drug testing by urinalysis, hair sample and/or any other method(s) approved by the Ouachita Parish School Board. Therefore, these tests shall be strictly enforced and participation shall be mandatory, since the parents/guardian have freely chosen to allow their sons/daughters to participate in the DECG activity. No student shall be tested unless both the parent(s) and the student sign a form giving permission to have the tests performed. The Louisiana High School Athletic Association (LHSAA) requires that all schools engaged in LHSAA sanctioned sports must obtain consent (LHSAA Substance Abuse/Misuse Contract) from athlete and their parent/legal guardian. By signing, the parents(s) and the student acknowledge that they have consented to the administration of drug tests and waive any claim of an invasion of privacy and waive any objection to the necessary action in the furtherance of these safety proceedings. The refusal of a student/parent to allow tests to be administered shall serve as an acknowledgment that the student has voluntarily chosen not to participate in the DECG program for that school year.
Students who transfer to a school during the year shall be added to the list if they choose to participate in DECG activities.
PROCEDURE FOR STUDENTS TESTING POSITIVE
If a student tests positive for any drug, he/she must adhere to the following.
Article I
1st Offense |
Parents are notified in writing and must have a conference with the school principal. A minimum eight (8) hours of drug counseling, provided by a certified drug counselor chosen and paid for by the parents, will be required. A student testing positive on the initial test will be retested at some time during the school year.
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2nd Offense |
Student is suspended for three (3) days and eight (8) additional hours of drug counseling (at parent’s expense) is required. A retest is also required.
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3rd Offense |
Student is expelled from school for the remainder of the year. The student must present proof of a negative drug test administered by an Ouachita Parish School Board approved agency before being readmitted into an Ouachita Parish School Board school. |
All students participating in school-sponsored DECG will be tested prior to the first contest of each individual DECG season, and are also subject to random testing in accordance with this policy. The date of testing will be determined by the principal and DECG director of each school.
Article II
If a DECG student tests positive for any drug, he/she shall:
Be suspended from that DECG until a negative test has been obtained.
Follow procedures outlined above in Article I for each offense.
If the results of the second drug test are positive, the student shall be suspended from that DECG for the remainder of the season.
Any student involved in school-sponsored DECG who tests positive for any drug shall not be allowed to practice or compete in any DECG activities until a negative test has been obtained.
The cost of the retest shall be at the parent’s/student’s expense once the student has tested positive. A student who refuses to be retested shall be dismissed from all DECG programs.
CONFIDENTIALITY
The results of any drug screen shall be kept strictly confidential with the principal and the Supervisor of Drug Free Education. Parents of students whose tests yield a positive result shall meet immediately with the principal. The results of a positive drug screen are not to be disclosed to law enforcement officers.
DRUG SCREENING
The drug screening shall be done by the Ouachita Parish School Board’s designated laboratory. The specimens collected shall only be tested for the prohibited drugs listed below. The testing firm shall collect the specimen and shall handle the chain of custody and reporting of the results. At this time, testing shall be done by urine sampling. The specimens shall not be tested for any diseases or conditions other than drug use. Those students to be tested, who are not involved in DECG shall be randomly selected by computer at the laboratory. Random selection shall be generated by student I.D. or social security number.
The drug screening shall screen for the following five (5) classes of drugs: 1) Opiates, 2) Cocaine, 3) Amphetamines, 4) Cannabinoids (marijuana), and 5) Phencyclidines (PCP), and 6) Benzodiazepines.
PARENTAL RELEASE
The parent(s) or guardian(s) and the student shall release the Ouachita Parish School Board, its members (both individually and in their official capacity), as well as any employee, teacher, principal or other school administrator or personnel from any liability in connection with this policy, the administration of the testing procedures and/or test results, any warranties addressing the accuracy of said tests and any and all medical or laboratory procedures employed by the referring laboratory. It is expressly understood the Ouachita Parish School Board assumes no responsibility for the diagnosis or treatment of any disease or condition that may become known as a result of any laboratory test(s) conducted in the implementation of this drug testing program.
ADDITIONAL NOTES
It is imperative to note that these procedures are only to be used for the appearance of a non-apparent controlled substance. Consequently, if a student athlete or extracurricular activity participant is apprehended by anyone as a result of being in illegal possession of alcohol and/or a controlled substance, or banned substances, the regular school and School Board disciplinary policies shall apply.
The athlete/extracurricular participant will not have a right to a hearing since athletics and extracurricular activities are not an integral part of the school and School Board curriculum.
If a student is/has been taking medication, he/she shall indicate this prior to the administration of the test and shall identify the prescribing physician and medications.
The principal of each school shall be required to have a signatured consent form on file for every student that shall participate in the drug-testing program.
Each school shall have a student drug-testing committee for the purpose of implementation of this program. The committee shall be composed of the principal, a counselor, the DECG directors, a classroom teacher, and a parent.
The drug-testing program is for all students in grades 7-12 in the Ouachita Parish School System.
Ref: La. Rev. Stat. Ann. §§17:81, 40:961, 49:1111
Vernonia School District 47J v. Acton, 515 U.S. 646 (1995)
Official Handbook, Louisiana High School Athletic Association
Board minutes, 4-22-03, 5-6-03, 8-3-04
Ouachita Parish School Board