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).

Searches

Desks and Lockers

Desks, lockers, and similar items are the property of the District and are provided for student use as a matter of convenience. Lockers and desks are subject to blanket searches or inspections by District administrators. Searches or inspections may be conducted at any time and without notice. Students shall be fully responsible for the security and contents of desks or lockers assigned to them. Students shall make certain that lockers are locked and that the keys or combinations are not given to others. Students shall not place or keep in a desk or locker any article or material prohibited by law, District policy, or the Student Code of Conduct. Students shall be held responsible for any prohibited items found in their desks or lockers.

Vehicles

Students shall be fully responsible for the security and contents of vehicles parked on school property. Students shall make certain that their parked vehicles are locked and that the keys are not given to others. Students shall not place or keep in a vehicle on school property any article or material prohibited by law, District policy, or the Student Code of Conduct.

If there is reasonable cause to believe that a vehicle on school property contains contraband, it may be searched by school officials or by personnel whose services have been engaged by the District to conduct such searches. Students shall be held responsible for any prohibited items found in their vehicles 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 the search, the District may contact local law enforcement officials and turn the matter over to them, or the District may conduct the search.

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 9–12 who chooses to participate in school-sponsored extracurricular and cocurricular activities.

Covered Activities

School-sponsored extracurricular and cocurricular activities for which testing are required shall include all extracurricular and cocurricular activities.

Scope

A student participating in these activities shall be randomly tested for the presence of illegal drugs 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; help enforce a drug-free educational environment; deter student use of illegal and performance-enhancing drugs; and educate students regarding the harm caused by the use of illegal and performance-enhancing drugs.

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.

Orientation Meetings

The District shall conduct meetings with parents and interested student participants prior to the beginning of the fall practice period.

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 abuse.

Student attendance at the orientation meeting is mandatory; however, parent attendance is not required.

Consent

Before a student is eligible to participate in extracurricular or cocurricular activities, 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.

Use of Results

Drug test results shall be used only to determine eligibility for participation in extracurricular and cocurricular 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 shall make available to students and parents a list of the exact substances for which tests will be conducted.

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 on as many as six dates throughout the school year.

No less than ten percent and no more than 20 percent of the students participating in the program shall be 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 or cocurricular activity, as applicable, to review the test results and discuss consequences.

The student or parent shall have five school days following the meeting to provide a medical explanation for a positive result. The Medical Review Officer (MRO) shall review the information provided by the student or parent and determine if, based on the submitted information, the student's test is to be deemed negative for purposes related to this policy. A student's whose test is deemed negative by the MRO shall not be subject to any consequences or retesting requirements.

Retesting

If the student wishes to return to participation in extracurricular or cocurricular activities 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 the next three random test dates so long as the student wishes to participate in extracurricular or cocurricular activities.

If a student who has a confirmed positive drug test withdraws from the District and subsequently reenrolls in the District, he or she shall be required to complete any remaining suspension for the imposed consequence and shall complete the retest provisions described above, including having a confirmed negative test and being tested on the next three random test dates, before being allowed to participate in extracurricular or cocurricular activities.

Drug Abuse Prevention

The District shall notify the parent and student of drug abuse prevention resources available in the area.

Consequences

Consequences of positive test results shall be cumulative through the student's enrollment in the District.

First Offense

Upon a first offense of receiving a confirmed positive drug test, a student shall be suspended from any extracurricular or cocurricular activity for 21 calendar days following the date the student and parent are notified of the test results.

During the period of suspension, the student may participate in practices but not in any competitive activities or performances.

Second Offense

Upon a second offense of receiving a confirmed positive drug test, a student shall be suspended from any extracurricular or cocurricular activity for 60 calendar days following the date the student and parent are notified of the test results.

During the period of suspension, the student may participate in practices but not in any competitive activities or performances.

Third Offense

Upon a third offense of receiving a confirmed positive drug test, a student shall be suspended from participation in any extracurricular or cocurricular activity for one calendar year following the date the student and parent are notified of the test results.

During the period of suspension, the student may participate in practices but not in any competitive activities or performances.

Fourth Offense

Upon a fourth offense of receiving a confirmed positive drug test, a student shall be suspended from participation in any extracurricular or cocurricular activity for the remainder of the student's enrollment in the District.

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 while the appeal is pending.

Lexington ISD

FNF(LOCAL)-X

LDU 2012.02

DATE ISSUED: 12/6/2012