Administrators, teachers, and other professional personnel may question a student regarding 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.
Police or Other Authorities Questioning
For provisions pertaining to student questioning by law enforcement officials or other lawful authorities, see GRA(LOCAL).
Lockers and Vehicles
Students have full responsibility for the security of their lockers and vehicles parked on school property and shall make certain they are locked and that the keys and combinations are not given to others. Students shall not place, keep, or maintain any article or material in lockers or vehicles parked on school property that is forbidden by District policy.
Lockers and vehicles parked on school property may be searched by school officials if there is reasonable cause to believe they contain articles or materials prohibited by District policy. Students shall be responsible for any prohibited items found in their lockers or vehicles parked on school property.
If a vehicle subject to search is locked, the student shall be asked to unlock the vehicle. If the student refuses, the District shall contact the student's parents. If the parents also refuse to permit the vehicle to be searched, the District may contact local law enforcement officials and turn the matter over to them.
Use of Trained Dogs
The District shall use specially trained nonaggressive dogs to sniff out and alert officials to the current presence of concealed prohibited items, illicit substances defined in FNCF(LEGAL), and alcohol. This program is implemented in response to drug- and alcohol-related problems in District schools, with the objective of maintaining a safe school environment conducive to education.
Such visits to schools shall be unannounced. The dogs shall be used to sniff vacant classrooms, vacant common areas, the areas around student lockers, and the areas around vehicles parked on school property. The dogs shall not be used with students. If a dog alerts to a locker, a vehicle, or an item in a classroom, it may be searched by school officials. Searches of vehicles shall be conducted as described above.
At the beginning of the school year, the District shall inform students of the District's policy on searches, as outlined above, and shall specifically notify students that:
Lockers may be sniffed by trained dogs at any time.
Vehicles parked on school property may be sniffed by trained dogs at any time.
Classrooms and other common areas may be sniffed by trained dogs at any time when students are not present.
If contraband of any kind is found, the possessing student shall be subject to appropriate disciplinary action in accordance with the Student Code of Conduct.
The student's parent or guardian shall be notified if any prohibited articles or materials are found in a student's locker or vehicle parked on school property, or on the student's person as a result of a search conducted in accordance with this policy.
Alcohol and Drug Testing
The purpose of this policy is to address both the increased observance and suspected use of alcohol and drugs by District students in a proactive approach that serves as both a deterrent and means to achieve a drug-free school. Students participating in extracurricular activities as well as those driving vehicles on campus who are under the influence of alcohol and/or drugs pose a threat to their own health and safety, as well as the health and safety of other students.
The purpose of the program is threefold:
To provide for the health and safety of all students;
To undermine the effects of peer pressure by providing legitimate reasons for students to refuse to use illegal drugs; and
To encourage students who use drugs to participate in drug treatment programs.
In addition, the program shall be nonpunitive and is designed to provide a means of help for those in need.
Initial and random drug testing of students shall be conducted by an independent drug-testing company selected by the Board. Following initial student testing, the principal shall provide the testing company with a list of eligible students for drug testing. The drug-testing company may test up to 100 percent of the eligible students on a random basis. The drug-testing company shall send a qualified collector to the school to oversee the collection of all specimens. The drug-testing company shall provide the services of a medical review officer (MRO) for interpretation and verification of results. Specimens shall be collected as split specimens. In the case of a positive sample, the student shall be offered participation in a drug assistance program with weekly drug testing as well as probationary denial of participation in extracurricular activities and driving privileges.
Informed Consent for Testing
At the beginning of each school year, students who drive and park a vehicle on District facilities as well as those enrolled or enrolling in District driver education classes, and any student participating in extracurricular activities shall complete and sign, in conjunction with the student's parent, guardian, or other person with lawful control, the District Student Code of Conduct and Expectations Informed Consent for Testing form. No student may drive or park on District premises or participate in practice or competition until this form has been properly executed and is on file with the principal.
Urine Drug Testing Frequency
The Board shall determine the frequency and minimum number of students tested. Any student who refuses to submit to urine drug testing shall not be allowed to drive or to park on District premises or participate in extracurricular activities.
Samples shall be collected as outlined at REQUIREMENTS OF DRUG-TESTING COMPANY, below. Any student selected who is absent shall be tested at the next testing opportunity. Arrangements may be made for special collection sites to be provided with approval of the principal.
Confidentiality of Results
All persons who participate in the testing process or have results reported to them shall be required to sign an Assurance of Confidentiality Statement.
Requirements of Drug-Testing Company
The requirements of the drug-testing company shall be as follows:
The selection of the required number of students for testing must be random and kept confidential.
Each participating student shall be assigned a number. Numbers shall be randomly drawn from the pool and selected by the principal or designee at random intervals throughout the year.
The arrangements made with the principal for the date and time of the collections shall be no more often than weekly.
The schedule shall not establish any recognizable interval or pattern.
Names shall be provided to the principal who shall arrange for the students to report to the collection area.
The testing company shall oversee the collection of urine specimens as outlined in the Procedures for Random Urine Testing of the Lumberton Independent School District.
If the supervisor of collections believes the student has tampered with the sample or if the student refuses to provide a sample, the student shall be considered to have violated the policy.
Chain-of-custody forms that meet the criteria of this policy and that of the testing laboratory shall be provided to the testing company.
Testing of Urine Specimens
All specimens shall be tested for the specified illicit or banned substances by a qualified laboratory certified through the Substance Abuse and Mental Health Service Administration following the Guidelines of the Department of Health and Human Services.
The testing laboratory shall have at least five years of experience in toxicology and shall use an accurate immunoassay technique with all presumptive positive results confirmed by gas chromatography/mass spectroscopy.
The testing laboratory must be able to test for the following drug substances or their metabolics collected in urine specimens: alcohol, amphetamines, anabolic steroids, barbiturates, benzodiazepines, cocaine metabolites, LSD, marijuana metabolites, methequalone, nicotine, opiates, phencyclidine, and propoxphene.
The Board, at its own discretion, may add any legal or illegal substance to this list.
Students may be tested for prescription drugs and over-the-counter medications when there is reasonable suspicion that they are being used in an abusive manner, prescription drugs when there is reasonable suspicion that they were obtained without a prescription, and performance-enhancing drugs.
Medical Review Officer
The testing company shall provide the MRO services of a licensed physician as certified by the Medical Review Officer Certification Council or the American Association of Medical Review Officers.
If a test is confirmed to be positive, a second test shall immediately be conducted on the same specimen. The results shall be considered positive only if both tests are confirmed to be positive.
Evaluations of positive results shall be provided in a timely and confidential manner.
The MRO shall attempt to contact the parent or guardian of the student within one school day after receiving a confirmed positive test result.
In the event the MRO is unable to contact the parent or guardian, the MRO shall ask the principal for assistance in contacting the parent or guardian.
The MRO shall report the result of a verified positive test to the principal.
This report shall be given to the principal within one day after the parent or guardian has been notified.
Conference with Student and Parent
Upon receipt of a positive test result for a student, the principal shall contact the student and the student's parent to schedule a conference. During the conference, the student or parent may offer any explanation regarding the test results, including any doctor's prescription that may have affected the test. The parent may arrange for another test to be conducted at the parent's expense.
Consequences of First PositiveTest
Consequences of positive tests shall be as follows:
After the first positive test result, a student:
Shall be suspended from participating in extracurricular activities, taking school-sponsored driver education, or driving on campus for six weeks;
Shall be required to complete successfully, at the expense of the parent, an approved drug education or counseling program; and
Shall submit to follow-up drug tests during the period of suspension and shall test negative on each one in order to regain extracurricular activity participation privileges or driving on campus privileges.
Second Positive Test
After the second positive test result in any two consecutive calendar years, a student:
Shall be suspended from participating in extracurricular activities or driving on campus for 18 weeks;
Shall be required to complete successfully, at the expense of the parent, an approved drug education or counseling program; and
Shall submit to follow-up tests during the period of suspension and shall test negative on each one in order to regain extracurricular activity participation privileges or driving on campus privileges;
Third Positive Test
After the third positive test result in any two consecutive calendar years, a student:
Shall be suspended from participating in extracurricular activities or driving on campus for one calendar year;
Shall be required to complete, at the expense of the parent, an approved drug education or counseling program; and
Shall submit to follow-up tests during the period of suspension and shall test negative on each one in order to regain extracurricular activity participation privileges or driving on campus privileges.
Fourth Positive Test
After the fourth positive test result in any two consecutive calendar years, a student shall be permanently suspended from extracurricular activity participation and from driving on campus.
Refusal and Sanctions
If a student refuses to test, retest, or participate in a drug counseling program, the student shall be suspended from participation in extracurricular activities and from driving on campus until the student agrees to test, retest, or complete the program. If a student later changes his or her mind, the student must begin the consequences again as if having just committed the offense. There shall be no credit given for any suspension time prior to the refusal. All follow-up testing during a sanction shall be at the parent's expense.
A student may appeal a suspension to the Superintendent by filing a written notice within five days of the date of the report of a positive test result.
Statistical Reporting and Confidentiality of Records
The testing company, testing laboratory, or MRO shall not release any statistics on the rate of positive drug testing to any person, organization, news publication, or media without the written consent of the Board.
The testing firm may provide the principal a quarterly report showing the number of tests performed, the rate of positive and negative tests, and what substances were found as the result of those positive tests.
Nonpunitive Nature of Policy
No student shall be penalized academically for testing positive for illegal drugs or banned substances.
No identification of positive testing shall be documented in the permanent record of any student.
Information regarding positive drug tests shall not be disclosed to criminal or juvenile authorities unless compelled by valid or binding subpoena or other legal processes.
Voluntary Drug-Testing for Students Not in Extracurricular Activities
The Board has chosen to provide a voluntary drug-testing program for students who do not participate in UIL or other Board-sanctioned extracurricular activities. The goal of this program is to reduce the number of drug-related incidents that occur on campus.
The intent is to provide an opportunity for all students to obtain a quality education and to involve parents in a positive way, while allowing the community and the District to meet the educational demands of the future.
The District's goals are as follows:
The District wants to provide a safe learning environment for all students.
Students and employees should feel safe when they are on District premises.
Parents should feel confident that the well-being of their children is the highest priority of the District.
Faculty members believe they have the right to teach without disruption or distraction due to the effects of drugs or alcohol on student behavior.
Students have a right to learn in a drug-free environment.
Voluntary drug testing shall be available to all students and faculty. Two to four students from each grade level and two teachers may be randomly selected each month. Parents of the students shall be notified and asked whether they want to consent to their child being tested. If they agree, the procedures applicable to parental option for positive or negative testing shall apply. Students and teachers who participate in the voluntary program and who test negative shall be eligible for a reward, to be determined by the District's site-based decision-making committee with student input.
Each parent of a student who displays characteristics of being under the influence of alcohol or drugs shall be contacted by the appropriate administrator for written parental permission to have the student tested. If the parent refuses, the student shall, in the alternative, be subject to the procedures and consequences established in the District's Student Code of Conduct.
A parent may be contacted by an administrator, teacher, school nurse, or extracurricular activity sponsor. Written referrals that may prompt parental contact may include the following observations:
A noticeable change in a student's behavior or attitude.
Tardiness to class.
Sleeping in class.
Disrespectful or confrontational behavior.
Failure to turn in homework assignments.
Changes in physical appearance or hygiene.
Other concerns noted.
If the parent provides the written consent, the student shall be tested as soon as possible by the principal or nurse. The parent shall be notified as soon as the results are available.
If the results are negative, the results shall be documented on the referral and the parent shall not be charged for the drug test.
If the results are positive, the result shall be documented on the referral and the parent shall be charged for the initial test. The parent may choose to have the child's blood tested to determine the exact drugs used and shall be asked to provide documentation of any treatment or counseling provided at the parent's expense. The parent shall have the option to have the child randomly tested within a time period of six weeks. The student shall be suspended from any extracurricular activity participation in accordance with a first offense under the UIL drug-testing program.
For a second offense on a retest or referral, the parent shall pay for testing and counseling or medical attention. The parent shall have the option to have the child randomly tested within a time period of six weeks. The student shall be suspended from any extracurricular activity participation in accordance with a second offense under the UIL drug-testing program.
For a third offense on a retest or referral, the parent shall pay for testing and counseling or medical attention. The parent shall have the option to have the child randomly tested within a time period of six weeks. The student shall be suspended from any extracurricular activity participation in accordance with a third offense under the UIL drug-testing program.
All records pertaining to the drug-testing program shall be treated as private medical records and confidentiality shall be strictly protected. [See FL]