FNF(LOCAL) - STUDENT RIGHTS AND RESPONSIBILITIES: INTERROGATIONS AND SEARCHES

Interrogations

By School Officials

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.

By Police or Other Authorities

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 for vehicles parked on school property. It is the student's responsibility to ensure that lockers and vehicles are locked and that the keys and combinations are not given to others. Students shall not place, keep, or maintain any article or material that is forbidden by District policy in lockers or in vehicles parked on school property.

School officials may search lockers or vehicles parked on school property if there is reasonable cause to believe that they contain articles or materials prohibited by District policy. Students shall be responsible for any prohibited items found in their lockers or in 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 a search of the vehicle, the District may turn the matter over to local law enforcement officials.

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.

Notice

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.

Parent Notification

The student's parent or guardian shall be notified if any prohibited articles or materials are found in a student's locker, in a student's vehicle parked on school property, or on the student's person, as a result of a search conducted in accordance with this policy.

Mandatory Drug-Testing Program

The District requires drug testing of any student in grades 7–12 who chooses to participate in school-sponsored extracurricular activities or requests a permit to park a vehicle on school property.

Scope

A student participating in these activities or requesting a parking permit shall be tested for the presence of illegal drugs and alcohol at the beginning of each school year, prior to receiving a parking permit, and prior to joining an extracurricular program at any time during the school year. If the student is absent on the day initial tests are conducted by the District, the student's parent shall be responsible for taking the student to the nearest testing site acceptable to the District.

In addition, students shall be randomly tested throughout the school year.

Purpose

The purposes of the drug-testing program are to prevent injury, illness, and harm resulting from the use of illegal and performance-enhancing drugs or alcohol; help enforce a drug-free educational environment; deter student use of illegal and performance-enhancing drugs or alcohol; and educate students regarding the harm caused by the use of illegal and performance-enhancing drugs or alcohol.

Distribution of Policy

The District shall provide each parent and student a copy of the drug-testing policy and consent form prior to the student's participation in an affected activity or receipt of a parking permit.

Orientation Meetings

The District shall conduct meetings with parents and interested student participants at the beginning of the school year.

District employees shall explain the drug-testing program, review the policy and consent form, and provide an educational presentation on the harmful effects of drug and alcohol abuse.

Student attendance at the orientation meeting is mandatory.

Parent attendance at an orientation meeting is mandatory for a minor student's parent. If a student and a minor student's parent fail to attend the orientation meeting, the student shall not be allowed to participate in extracurricular activities or to receive a parking permit.

Consent

Before a student is eligible to participate in extracurricular activities or to receive a parking permit, the student shall be required annually to sign a consent form agreeing to be subject to the rules and procedures of the drug-testing program. If the student is under the age of 18, the student's parent or guardian shall also sign a consent form. If appropriate consent is not given, the student shall not be allowed to participate in extracurricular activities or to receive a parking permit.

Use of Results

Drug test results shall be used only to determine eligibility for a parking permit and participation in extracurricular activities. Positive drug test results shall not be used to impose disciplinary sanctions or academic penalties.

Nevertheless, nothing in this policy shall limit or affect the application of state law, local policy, or the Student Code of Conduct. A student who commits a disciplinary offense shall be subject to consequences in accordance with the Student Code of Conduct.

Confidentiality

Drug test results shall be confidential and shall be disclosed only to the student, the student's parents, and designated District officials who need the information in order to administer the drug-testing program. Drug test results shall not be maintained with a student's academic record. Results shall not be otherwise disclosed except as required by law.

Testing Laboratory

The Board shall contract with a certified drug-testing laboratory to conduct testing of students' urine samples.

Testing laboratories shall not release statistics regarding the rate of positive drug tests to any person or organization without consent of the District.

Substances for Which Tests Are Conducted

The District reserves the right to test for any drug, including performance-enhancing drugs, and alcohol.

Collection Procedures

Personnel from the drug-testing laboratory shall collect urine samples under conditions that are no more intrusive than the conditions experienced in a public restroom. When selected for testing, a student shall be escorted to the school's testing site by a District employee and shall remain under employee supervision until the student provides a sample. A student shall produce a sample within a closed restroom stall. A District employee of the same gender as the student shall be present when any samples are collected.

Random Testing

Random tests shall be conducted each month with at least 30 students participating in the program randomly selected for each random test date. The drug-testing laboratory shall use a random selection method to identify students chosen for random testing. Students shall not receive prior notice of the testing date or time.

Refusal to Test or Tampering

A student who refuses to be tested when selected or who is determined to have tampered with a sample shall be deemed to have a positive test result and shall be subject to the appropriate consequences depending on previous positive test results, if any.

If a student is absent on the day of the random test, a sample shall be collected on the next random testing date.

Confirmation of Positive Results

An initial positive test shall be confirmed by a second test of the same specimen before being reported as positive.

Upon receiving results of a positive drug test, the District shall schedule a meeting with the student, the student's parent if the student is under the age of 18, and the coach or sponsor of the extracurricular activity, as applicable, to review the test results and discuss consequences.

The student or parent shall have two school days following the meeting to provide a medical explanation for a positive result.

Retesting

If the student wishes to return to participation in extracurricular activities or have a parking permit reinstated after any applicable consequences, the student must be retested at the end of the period of suspension and have a negative test result; following that, the student shall be retested on each random test date for one calendar year after the period of suspension, so long as the student wishes to participate in extracurricular activities or park a vehicle on school property.

Consequences

Consequences of positive test results shall be cumulative for one calendar year following an initial positive result.

First Offense

Upon a first offense of receiving a confirmed positive drug test, a student must provide documentation that he or she is actively enrolled in a substance abuse counseling program certified by the Texas Department of State Health Services (TDSHS) or from a licensed chemical dependency counselor, within ten school days following the date the student and parent are notified of the test results, if the student wishes to continue participation in extracurricular activities or park a vehicle on school property.

The student shall be allowed to continue participation in extracurricular activities or park a vehicle on school property as soon as the documentation is provided, the student submits to a retest, and a negative test result is received by the District. The student shall be tested at each subsequent random test date for one calendar year from the date of the initial confirmed positive drug test.

Second Offense

Upon a second offense of receiving a confirmed positive drug test, a student shall be suspended from any extracurricular activity, and the student's parking permit shall be suspended, for 30 calendar days following the date the student and parent are notified of the test results.

The student must also provide documentation that he or she is actively attending or has successfully completed substance abuse counseling from an entity certified by the TDSHS. The provisions at RETESTING shall apply after the period of suspension.

Third Offense

Upon a third offense of receiving a confirmed positive drug test, a student shall be suspended from participation in any extracurricular activity, and the student's parking permit shall be suspended, for 60 calendar days following the date the student and parent are notified of the test results.

The student must also provide documentation that he or she is actively attending or has successfully completed substance abuse counseling from an entity certified by the TDSHS. The provisions of RETESTING shall apply after the period of suspension.

Appeals

A student or parent may appeal a decision made under this policy in accordance with FNG(LOCAL). The student shall be ineligible for participation in extracurricular activities or reinstatement of parking privileges while the appeal is pending.

Cotulla ISD

FNF(LOCAL)-X

LDU 2013.01

DATE ISSUED: 7/22/2013