File: JJJA-R - RANDOM DRUG AND ALCOHOL TESTING FOR STUDENTS REGULATIONS File: JJJA-R - RANDOM DRUG AND ALCOHOL TESTING FOR STUDENTS REGULATIONSIn accordance with District Policy JJJA (Random Drug Testing Policy for Students Involved in School-sponsored Extracurricular Activities), the Board of Education of Crowley County School District RE-1J hereby authorizes random drug and alcohol testing of eligible students in accordance with this regulation.
The Crowley County School District prohibits the possession, use, misuse, sale, distribution or exchange of alcohol, drugs or other controlled substances on school district property, while being transported in school vehicles, at any district-sponsored or sanctioned activities or events, or off school property when the conduct has a reasonable connection to school or any district curricular or non-curricular event. Drugs and controlled substances shall be those drugs and substances defined in policy JICH. This policy encompasses all students in grades 7 to 12 desiring to participate in any interscholastic athletic activity and/or extracurricular activity. The policy includes those students being educated by the district under special circumstances, including home schooling and home bound. The district welcomes all students, with the permission of their parents/guardians, to participate voluntarily in the program.
The district will require any student who is submitting to testing and the student's custodial parent/guardian to consent in writing to drug and alcohol testing pursuant to the District's drug and alcohol testing program using the forms provided by the district. No student will be able to participate in any interscholastic sport or any extracurricular activity without first having given such consent. Students and parents or legal guardians will have the opportunity to participate in an Informational Meeting concerning the District's Random Drug and Alcohol Testing Policy. Immediately prior to giving a specimen, each student shall complete all forms required by the testing company selected by the District.
Definitions
Adulterant/Adulteration means any attempt to alter the outcome of a urine drug test by adding a substance to the sample, attempting to switch a sample, or otherwise interfere with the detection of illicit or banned substances in the urine.
Chain of Custody Form means a preprinted form provided by the testing laboratory that records all contact with the provided specimen. The form shall be signed by the vendor collector and the donor at the time of specimen collection. The original form shall be sent with the specimen to the lab and a copy shall be provided to the District.
Consent to Test and Release of Information Form (hereinafter Consent to Test Form) means the form attached to this regulation as JJJA-E-1 Crowley County School District RE-1J (Grades 7th - 12th) Random Drug and Alcohol Testing Program Consent to Test Form completed by the eligible student and parent/guardian must be on file with the school before a student will be permitted to participate in extracurricular activities.
Dilute Sample means a specimen that has an abnormally low specific gravity and abnormally low amounts of creatinine, typically due to consumption of too many liquids prior to collection. When a specimen is dilute, it is possible that the presence of illegal drugs or alcohol will not be detected.
Drugs means all substances defined under the Federal Controlled Substances Act, 21 U.S.C. § 802, as "drugs" or "controlled substances," or state statutes as a controlled substance, including marijuana or marijuana concentrate, as well as counterfeit or synthetic illegal drugs and substances falsely represented as being drugs. "Drugs" shall include, but not be limited to, opiates, narcotics, cocaine, anabolic steroids, barbiturates, amphetamine and other stimulants, depressants, hallucinogenic substances and marijuana, and inhalants.
Legal Drugs means, for the purposes of this regulation, over-the-counter and prescription drugs, including vitamins and other dietary supplements that are properly possessed under state or federal law and used by the person for whom they are intended in accordance with applicable law and District policy and regulations.
Illegal Drugs means, for the purposes of this regulation, all drugs not defined herein as "legal drugs."
Drug Program Coordinator means the school principal or his/her designee responsible for the implementation of the random drug and alcohol testing program in each District school.
Eligible Student means any student in grades seven to twelve who participates in any non-graded, school-sponsored, extracurricular activity. Eligible student also includes any student who, with the permission of his or her parents/guardians, wishes to participate in the random drug and alcohol testing program.
Ethyl glucuronide (EtG/EtS) means a urine based laboratory test that detects the metabolites of alcohol (ethyl glucuronide) in human urine.
Extracurricular Athletic Activity means any non-graded, school-sponsored athletic activity.
Positive Test means that the applicable laboratory test detected the presence of illegal drugs and/or alcohol, and/or their metabolites, in the collected specimen.
Release of Information Forms means the release included in the form attached to this regulation as JJJA-E-1. The release pertaining to health records permits the Vendor to release test results to the Drug Program Coordinator. The release form pertaining to student records permits the Drug Program Coordinator to release education records to the Vendor for student identification and testing. Both forms must be completed by the student and parent/guardian and must be on file with the school before a student will be permitted to participate in extracurricular activities.
GC/MS (Gas Chromatography/Mass Spectroscopy) means a scientific process to identify specific chemical compounds. A molecular fingerprint is obtained that identifies a chemical compound with one hundred percent (100%) accuracy.
Hair Follicle Drug Test means a procedure used to attain a hair specimen to be sent to a toxicology lab for screening of drugs and alcohol.
Medical Review Officer (MRO) means a medical doctor specifically trained and licensed to review positive drug and alcohol test results.
Quantitative Levels means the measurement levels of a specific chemical in the urine reported usually in nanograms per milliliter (ng/ml).
Quick-Dip Screening means an instrument designed to identify substances immediately. This instrument is less sensitive than those completed by the toxicology lab.
Scope of Tests means the drug screen tests for one or more illegal drugs and/or alcohol. The Vendor shall determine which illegal drugs shall be screened, but in no event shall that determination be made after random selection of students for testing. Student samples will not be screened for the presence of substances other than an illegal drug or for the existence of any physical condition other than drug use.
School Property means on district property, being transported in a school vehicle, during a school-sponsored or sanctioned activity or event, off school property when the conduct has a reasonable connection to school or any district curricular or non- curricular event, including events outside Colorado.
Substance Abuse and Mental Health Services Administration (SAMHSA) means the governmental agency that certifies toxicology laboratories that perform drug and alcohol testing pursuant to strict guidelines and quality assurance programs.
Toxicology Lab means any SAMHSA-licensed and accredited lab that specializes in detection of illegal drugs and alcohol and provides assurance of legally defensible results.
Urinalysis means a laboratory test that detects the presence of illegal drugs and/or alcohol, as well as their metabolites, in human urine.
Vendor means the entity selected by the Board of Education to carry out the voluntary drug or alcohol testing policy in accordance with this regulation.
Procedures
A. Information Session
Prior to each school year, District administrators, along with representatives of the Vendor, shall present an informational session to educate eligible students and their parents/guardians about the random drug and alcohol testing policy and regulations. At the information session, eligible students and their parents/guardians shall receive a copy of the random drug and alcohol testing policy and regulations, including the consent to test form and release of information forms.
B. Informed Consent for Testing
The eligible student and his or her parent/guardian shall read, sign, and date the Consent to Test Form prior to participating in an extracurricular activity. No student may participate in an extracurricular activity until the Consent to Test Form is properly executed and on file in the principal's office of the school that the student attends. If, at any time, the Consent to Test Form is revoked by the parent/guardian or eligible student, the student is no longer allowed to participate in any extracurricular activity until the form is reinstated.
C. Release of Information
The parents/guardians of the eligible student shall sign a release of information prior to student participating in an extracurricular activity, which is included on the Consent to Test Form. No student may participate in an extracurricular activity until the release of information section on the Consent to Test Form is properly executed and on file in the principal's office of the school that the student attends. If, at any time, the release of information is revoked by the eligible student or parent/guardian, the student is no longer allowed to participate in any extracurricular activity until the form is reinstated.
D. Testing Frequency
Testing will be randomly conducted throughout the course of the school year. The date and time of the tests will be randomized by the Vendor among any days that school is in session. Eligible students will remain in the random pool during the time that the extracurricular activity is meeting or in season. Any eligible student who refuses to submit to testing will not be allowed to participate in extracurricular activities.
E. Testing Method
Except as otherwise specified in these procedures, testing shall be by urinalysis. Vendor shall collect the specimens in accordance with standard operating procedures and shall have specimens tested in a toxicology lab in accordance with Vendor's procedures.
F. Testing Costs
Except as otherwise specified in this regulation, the District shall incur the cost of testing.
G. Random Selection of Students
Each student shall be assigned an identification number. Student identification numbers shall be maintained by the Drug Program Coordinator. District will use a computer-based system to compile and randomly select student numbers for same-day testing by the Vendor. The number of students selected for testing each week will be determined by the district based on the number of students in the pool, not to exceed 15% of the eligible participants in that week, and within budgetary constraints. The Vendor will arrange with district administration the use of campus facilities for discrete testing in accordance with the standard operating procedures (see Policy JJJA-R-2). The schedule will not follow any patterns. The selected student ID numbers will be given to the Drug Program Coordinator/Student Services Director who will escort the students to the collection area. Parents/guardians will not be notified of the date of the random drug test prior to the test being given. The student will be given a copy of the Chain of Custody form immediately following testing to verify testing occurred. After the specimen has been processed in the lab, the district will mail a copy of the results and a copy of the Chain of Custody form will be mailed to the student's parents/legal guardians.
H. Collection of Specimen
Specimen collection shall occur on school property in a designated location under Vendor supervision. The District and the Vendor shall comply with Vendor's procedures for specimen collection. To the extent possible, specimen collection shall be conducted at a time and in a manner that maximizes student privacy and minimizes disruptions to the educational environment.
I. Testing Sample and Results
The Vendor shall have each specimen tested in a toxicology lab for urinalysis in accordance with Vendor procedures, which shall comply with SAMHSA regulations and chain of custody protocol. The Vendor is responsible for notifying the student and parent/guardian of the testing and test results in writing. Pursuant to standard operating procedure, the Vendor also is responsible for notifying the Drug Program Coordinator of a Positive Test or a Dilute Sample.
A student who receives a Positive Test result or dilute sample may request that the sample be re-tested at a second toxicology lab from a pre-approved list provided by Vendor. The student and his or her parent/guardian shall submit the request for retest in writing to the Vendor within seventy-two (72) hours of being notified of the Positive/Dilute Test result. The student and his or her parent/guardian shall be responsible for the cost of the retest unless the retest produces a negative test result, in which case the District shall reimburse the costs of such testing. The student shall not be permitted to participate in extracurricular activity until the retest is determined to be negative.
J. Tested Substances
The Board of Education shall maintain a list of substances for which collected specimens shall be screened. The list is subject to review and change without advance notice. The list may include alcohol and any substance that meets the definition of an illegal drug set forth in this regulation.
K. Confidentiality
All test results shall remain confidential and shall only be released to the eligible student, his/her parent/guardian, and approved District officials, including but not limited to the Drug Program Coordinator. The District shall maintain test result records in files separate from the eligible student's other educational records and shall not release such records absent a valid subpoena or other legal process. Records of test results shall be kept until the student turns eighteen or graduates from the District, whichever happens later. The Vendor, testing laboratory, or MRO may not release any statistics on the rate of Positive Tests to any person, organization, news publication or media without expressed written consent of the Crowley County School District RE-1J. However, the Vendor will provide the Drug Program Coordinator with semiannual reports showing the number of tests performed, rate of positive and negative tests, and what substances were found in the Positive Test specimens.
L. Parent-Requested Participation
Parents/guardians of students who do not participate in extracurricular activities may voluntarily enroll their student in the random drug and alcohol testing program. The student shall be placed in the selection pool and noted as a voluntary participant. If the student is selected for random testing and the test is positive or dilute, the parent/guardian will be notified of the Positive or Dilute Test. The student shall not be penalized for a Positive or Dilute Test through this Policy or Policy JKD/JKE, except that the student shall be required to participate in the requisite substance abuse counseling.
M. Consequences for Positive Test Results
1. Notification Procedures
a. The Vendor shall notify the eligible student's parent/guardian of the Positive Test result by phone, if possible, and in writing.
b. The Drug Program Coordinator shall schedule and conduct a conference with the eligible student, his/her parent/guardian, the coach or sponsor of the extracurricular activity, and any other applicable District staff to discuss the Positive Test results and the applicable consequences.
2. Consequences
The consequences for violations of this policy shall be cumulative during the eligible student's enrollment in the District. Consequences outlined in this policy apply to all extracurricular and cocurricular activities in which the student is active at the time of the offense.
No eligible student shall be penalized academically for testing positive for illegal drugs and/or alcohol. The test results obtained pursuant to this policy and regulation shall not be documented in any of the student's academic records. Information regarding the test results shall not be disclosed to criminal or juvenile authorities absent compulsion by a valid and binding subpoena or other legal process.
a. First Offense
The eligible student shall be suspended from participation, for a period of 30 days for Ethyl glucuronide (EtG/EtS) (Alcohol) and for 60 days for all other illicit drugs including THC. The student will not be allowed to travel with the team/group. The suspension will carry over to the eligible student's subsequent extracurricular activity meeting/season if the offense occurs at the end of the activity/season or between activities/seasons. During suspensions, the student is required to attend all team functions of the sport they are out for. The eligible student shall continue to attend practice during the period of suspension. If a team function is missed during the suspension that was required by the coach, the student must make up that day as well as an additional day(s) for each required practice that is missed during the suspension.
The eligible student shall submit to a follow-up test during the period of suspension and must test negative or have a reduced drug level in order to resume extracurricular activities. Such test shall be administered by the Vendor in accordance with Vendor's procedures. The cost of the follow-up test shall be the responsibility of the eligible student and his or her parent/guardian.
The eligible student shall complete an alcohol/drug use assessment by a counselor and documentation indicating this assessment occurred shall be provided to the Principal. Follow through of the recommended drug assistance program sessions with a counselor is strongly recommended.
b. Second Offense
The eligible student shall be suspended from participation in the extracurricular activity for 90 calendar days from the date of the second offense if testing positive for Ethyl glucuronide (EtG/EtS) and for 90 days if testing positive for any other illicit substance including THC. The student will not be allowed to travel with the team/group. During suspensions, the student is required to attend all team functions of the sport they are out for. The eligible student shall continue to attend practice during the period of suspension. If a team function is missed during the suspension that was required by the coach, the student must make up that day as well as an additional day(s) for each required practice that is missed during the suspension.
The eligible student must test negative or have a reduced drug level in order to resume extracurricular activities following the period of suspension. In addition, the eligible student shall show proof of participation in five (5) substance abuse counseling sessions with a certified addiction counselor of the family's choice in order to resume extracurricular activities following the period of suspension. The cost of such counseling shall be the responsibility of the eligible student and his or her parent/guardian.
c. Third Offense
The eligible student shall be suspended from participation in extra-curricular activities for 365 days.
N. Dilute Sample
If test results indicate that an eligible student's specimen is a Dilute Sample, the student shall be suspended from participation in extracurricular activities until such student tests negative. The student and his or her parent/guardian shall be responsible for arranging follow-up testing with the Vendor and shall bear the cost of such testing. If the re-test results in a Positive Test or another Dilute Sample, it will be considered a violation of this policy and regulation and subject to the provisions of Section M of this policy.
O. Refusal/Failure to Submit a Specimen/Self Disclosure in Lieu of Testing
If an eligible student refuses to submit to random drug and alcohol testing, he or she shall be considered in violation of this policy and regulation and shall be suspended from participation in extracurricular activities for one calendar year. Absent a written medical explanation from a physician, the failure to produce a specimen at the time of selection for testing shall be deemed a refusal.
If an eligible student admits to using illegal drugs and/or alcohol and chooses not be tested, it will be deemed a violation of this policy and regulation and subject to the applicable provisions of Section M.
P. Tampering
Tampering with samples shall be a violation of this policy and regulation and shall result in suspension from participation in extracurricular activities for one calendar year.
Q. Appeal
An eligible student found in violation of this policy and regulation may appeal such finding to the Superintendent or his/her designee, whose decision regarding the finding shall be final. Any necessary interpretation or application of this policy shall be in the sole and exclusive discretion of the Superintendent or his/her designee. The eligible student shall not be permitted to participate in extracurricular activities while the appeal is pending.
R. 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.
S. Program Evaluation
The Superintendent or his or her designee shall be responsible for conducting an evaluation of the random drug and alcohol testing program on an annual basis and shall report the findings to the Board of Education. The evaluation shall include the levels of participation, the number of Positive/Dilute Test results, parent and student survey data, and program cost. The results of the audit shall be presented to the Board of Education.
T. Relationship to the Disciplinary Policies
This policy and regulation do not in any way modify relevant provisions of District policy and state law, including, but not limited to, District discipline policies regarding student possession, use, and distribution of drugs and alcohol. If student engages in conduct that constitutes a violation of District policy and/or state law, then student will be subject to appropriate discipline, up to and including expulsion from school. However, a positive or dilute specimen under this policy and regulation is not, in and of itself, grounds for discipline under District policy and applicable law. Eligible students and their parents/guardians may refer to District Policies JICH and JICH-R for more information on the District's disciplinary rules regarding alcohol, drugs and other controlled substances.
Adopted August 2, 2022
Reviewed August 21, 2023
LEGAL REFS.: 20 U.S.C. 7101 et. Seq.
21 U.S.C. § 801, et seq. Controlled Substances Act
C.R.S. 18-18-102 (3), (5)
C.R.S. 18-18-406
C.R.S. 18-18-407 (2)
C.R.S. 22-1-110
C.R.S. 22-32-109.1 (2)(a)(I)(G)
C.R.S. 22-33-106 (1)(d)
C.R.S. 25-1.5-106 (12)(b)
CROSS REFS.: JICH, Drug and Alcohol Involvement By Students
JICH-R, Drug and Alcohol Involvement By Students