School Policy: Student Behavior-Alcohol & Drugs/ Alcohol & Drug Abuse
Student Behavior-Alcohol & Drugs
Source: Policy 5131.6 Student Behavior-Alcohol & Drugs
I. Alcohol and Drug Prevention Education.
- Alcohol and drug prevention education empowers youth to avoid problems related to the use/abuse of chemical substances prior to their onset. Chemical use/abuse is being fueled to epidemic proportions by many negative social conditions that stimulate and sustain this type of dysfunctional behavior. Chemical substances are available in large supply and are easily accessible to youth. Adult usage and media representation of chemical use are most persuasive. All societal institutions must play a crucial role in fostering a drug-free environment for youth. Schools are uniquely situated to be a part of the solution to student alcohol/drug use and will act in cooperation with students, parents, families, and the community to achieve this end.
- The school system will provide instruction to students, grades K-12, with an age-appropriate, grade sequential, alcohol and drug-specific curriculum to equip them with accurate information and life skills that influence their decisions concerning the use of alcohol/drugs. The curriculum will reflect a "NO" use message as opposed to a "responsible" use message. It also will follow the sequence of study as outlined in the Healthful Living Section of the Basic Education Plan in the skills and subject area, "Chemicals and Substance Abuse."
II. Intervention. Recognizing that alcohol/drug abuse is an addictive illness that is progressive, it is imperative that processes be in place to interrupt the use/abuse cycle of alcohol/drug users in order for them to receive appropriate assistance at the earliest possible time. Staff members at each school shall be trained to assist by providing intervention strategies and referrals. One of the best examples of early intervention strategies is the Intervention Support Team which provides early identification, recommendations and referrals, incorporates school system and community resources, and maintains a follow-up process that provides ongoing personal contact and support for those at-risk (such as students returning from treatment facilities). The Board of Education encourages each school to establish an Intervention Support Team.
Youth who experiment with any type of mood-altering substance could be at any place in the continuum of drug abuse, from early experimentation to addiction, and indicates a need for a thorough screening. This screening could determine an appropriate intervention for each individual. While the school system can provide referrals for free screenings, it is not required to provide professional or treatment services for students.
III. Possession, Use or Sale of Alcohol or Drugs Prohibited. Pursuant to policy and AR 5131, the possession, use, sale or distribution of any prohibited substance or drug paraphernalia, as defined herein, at school or any school-related activity is strictly prohibited. In addition, students are strictly prohibited from possessing, using or distributing any prescription medication for which the student does not hold a prescription. Policy 5141, Student Health Care, governs the proper use of authorized prescription and OTC medicines at school.
- The word "possession" shall mean having the power or intent to control a prohibited substance and shall include, but is not necessarily limited to, the possession of a prohibited substance in a student's automobile, locker, book bag or desk, or on a student's person.
- A "prohibited substance" shall include:
- wine, wine cooler, beer, and any other malt beverage; including "non-alcoholic" beer and malt beverages that contain less than .5 of one percent of alcohol;
- alcohol, liquor, liqueurs, and mixed alcoholic beverages;
- any drugs listed in the North Carolina Controlled Substances Act including but not necessarily limited to: narcotics, depressants, stimulants, hallucinogens, and cannabis, which drugs are commonly know or referred to as marijuana, acid, LSD, speed, quaaludes, valium, cocaine, crack, PCP, ice, steroids, and other names;
- hallucinogenic herbs, such as salvia divinorum (commonly referred to as "Magic Mint" or "Sally D");
- any counterfeit controlled substance
- any substance used with the intention of mimicking the hallucinatory, intoxicating, euphoric, or depressive effects of illegal substances; and
- any chemical compound which will induce a condition of intoxication when inhaled for that purpose.
- The word "use" shall mean the consumption, injection, inhalation or absorption of a prohibited substance or prescription medication for which the student does not have a prescription, into a student's body by any means, when the prohibited substance remains in the student's body or influences a student's behavior to any degree at school or a school-related activity.
- The word "sale" shall mean the exchange of a prohibited substance or prescription medication for which the student does not have a prescription, for money, property, or any other consideration.
- The word "distribution" shall mean the giving or exchanging of a prohibited substance or prescription medication for which the student does not have a prescription, or the possession of an amount of a particular controlled substance which would establish an intent to sell or distribute the substance under the North Carolina Controlled Substances Act.
- The word "narcotic" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
- Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
- Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause a, but not including the isoquinoline alkaloids of opium.
- Opium poppy and poppy straw.
- Cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocanized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.
- The term "drug paraphernalia," as defined in N.C.G.S. § 90-113.21 and this policy means all equipment, products and materials of any kind that are used to facilitate or are intended or designed to facilitate, violations of this policy and/or the Controlled Substances Act, including planting, growing, making, producing, processing, testing, analyzing, packaging, containing, injecting, and/or inhaling controlled substances and includes, but is not limited to, the following:
- Testing equipment for identifying or analyzing the strength, effectiveness or purity of controlled substances;
- Scales and balances for weighing or measuring controlled substances;
- Capsules, envelopes, balloons or other containers for packaging small quantities of controlled substances;
- Hypodermic syringes, needles, and other objects for injecting controlled substances into the body;
- Objects for ingesting, inhaling or otherwise introducing marijuana, cocaine, crack, or PCP into the body such as:
- metal, wooden, glass, ceramic and other kinds of pipes, vials or drug stems commonly used for smoking, ingesting and/or inhaling controlled or prohibited substances, including such glass vials or tubes that may contain novelty items of insignificant value or may contain items that are not, in the normal course of business, packaged in such a manner;
- water pipes;
- roach clips or similar objects for holding burning material such as a marijuana cigarette that has become too small or too short to be held in the hand;
- miniature cocaine or crack spoons and vials;
- bongs; and
- rolling papers for making marijuana cigarettes.
- In determining whether an object is drug paraphernalia, the school official may consider along with all other information obtained:
- Statements by the owner or anyone in control of the object concerning its use;
- Prior records of use or possession of controlled substances by the owner or person in control of the object;
- The proximity of the object to a controlled substance or the residue of a controlled substance;
- Instructions provided with the object concerning its use; and
- Possible legitimate uses for the object.
- Exception for school equipment and supplies. The term drug paraphernalia does not include chemicals, supplies and equipment purchased, used and possessed for use in school sponsored and approved classes, projects and activities.
IV. Disciplinary Action. The guideline discipline sanctions for students violating the Code of Student Conduct can be found in AR 5131. When the violation is a drug or alcohol related offense, the Board recommends interventions be used in addition to, or in lieu of, disciplinary action to address the problem of alcohol and drug abuse among students. To encourage students and parents to participate in drug and alcohol interventions as described herein, school officials may "stay" disciplinary actions so long as the student and parent comply with the recommended intervention. In the event a student fails to meet the conditions of a stay, the stay may be lifted and the student subject to the recommended discipline. To provide for consistency across schools, the Board has adopted the following chart for school officials to use when balancing disciplinary sanctions, interventions, and multiple offenses. This chart should not be considered mandatory discipline. School officials should consider aggravating and mitigating factors when recommending discipline.
1st Offense 2nd Offense 3rd Offense Possession of Student's Own Prescription Drug (in violation of 5141) Level I or II discipline and recommend intervention Level III discipline and recommendation for level IV - VI discipline, stayed if student participates in recommended intervention Level VI discipline
Possession of Narcotic or Controlled Substance
Level I - III discipline and recommend intervention Level III discipline and recommendation for level IV - VI discipline, stayed if student participates in recommended intervention Level VI discipline
- Drug Paraphernalia
- Prescription medication not belonging to the student
Level I - III discipline and recommend intervention
Level III discipline and recommendation for level IV - VI discipline, stayed if student participates in recommended intervention Level VI discipline
- Prescription medication not belonging to the student
Level II discipline and recommended Level III discipline, stayed if student participates in recommend intervention Level VI discipline
Use of Narcotic or Controlled Substance
Same as 1st offense Level VI discipline
- Prescription medication
Level I - III discipline and recommend intervention Level VI or VIII discipline
Sale/Distribution of Narcotic or Controlled Substance
Level IV - VI discipline Level VI or VIII discipline
V. Interventions. School officials should recommend any of the following interventions when circumstances suggest the student is in need of drug and alcohol education, or suffering with drug and alcohol addiction:
- The student be screened by a program approved by the WS/FCS Safe and Drug Free Schools to determine the extent of his/her alcohol and/or drug use/abuse;
- The parent(s) or guardian(s) of a student participate in a drug/alcohol education program based upon the recommendations of the screening;
- The student participate in a drug/alcohol education program based upon the recommendations of the screening;
- The student participate in a drug/alcohol treatment program based upon the recommendations of the screening;
- The student be subject to mandatory, random drug testing for one calendar year; and/or
- The student be subject to mandatory, random searches for the remainder of the school year to ensure the student is not in possession of controlled substances on school property.
The WS/FCS will generally pay the cost of interventions in a school-approved drug/alcohol program recommended by the WS/FCS for first time drug and alcohol violations. The WS/FCS will not pay the cost of interventions recommended for second and subsequent violations, or interventions not recommended by the WS/FCS.
Any student recommended for suspension from school for a drug or alcohol offense shall not be allowed to participate in athletics and extra-class activities for a minimum of thirty (30) calendar days for students. If the violation occurs less than thirty (30) calendar days prior to the conclusion of the school year, any suspension days remaining at the end of the school year shall be served at the beginning of the next school year. Students who participate in athletics or other extra-class activities which begin practice or competition prior to the beginning of the school year shall serve any remaining suspension days at the beginning of the athletic or extra-class activity practice period. Students may be suspended or expelled from a club, honor society, or other extra-curricular activity for a longer time period at the discretion of the Principal or the Principal's designee.
VI. Notification and Involvement of Parents. A student's parents or guardian(s) shall be notified at any time a student commits or is believed to have committed a drug or alcohol violation.
VII. Notification and Involvement of Law Enforcement Officials.
- The Principal or Assistant Principal shall immediately inform the appropriate law enforcement agency when any controlled substance is possessed, used, sold, or distributed at school or at any school-related activity.
- Any controlled substance confiscated by school officials shall be turned over to the police or sheriff for identification, if necessary, and for disposal. The report of the law enforcement agency attesting to the nature of any confiscated substance shall be admissible as prima facie evidence of the identity of the substance at any student disciplinary hearing.
- School officials shall assist law enforcement officials with the prosecution of any person who sells or who is believed to have sold any controlled substance at school or at a school-related activity.
- The Superintendent is delegated the authority and power to authorize any local, state, or federal law enforcement agency to place an undercover officer or officers or a drug detecting dog in a school of this school system for the purpose of gathering evidence by lawful means which will lead to the arrest and conviction of any person who is violating the Controlled Substances Act of this state when the Superintendent believes, at his discretion, that the incidence of alcohol and/or drug abuse at a school is endangering the health and welfare of the students assigned to the school.
VIII. Alcohol and Drug Incidence Surveys.
- Surveys of students should be conducted periodically to determine the prevalence and incidence of alcohol and drug use among the students of this school system.
- The survey shall be conducted in a manner that ensures the confidentiality of each student's responses. The information provided by a student on the survey shall not be used in any way or manner as an admission of alcohol or drug use by the student responding for the purpose of administering school discipline.
IX. Drug Testing of Students.
- Reasonable Suspicion Alcohol/Drug Testing. When a Principal or Assistant Principal has a reasonable basis to believe that a student is using or is under the influence of a prohibited substance or other medication at school or a school activity in violation of this policy, the school administrator may offer the student and the student's parents the opportunity for an alcohol and/or drug test, at the Board's expense, to determine whether the administrator's belief is justified. If the test results are negative for the presence of alcohol or an illegal drug, the student shall be found innocent of the allegations of misconduct. A decision by the student or the student's parent not to be tested shall not be used against the student. In that event, the school administrator shall base his/her disciplinary decision solely on the information obtained during the investigation of the alleged misconduct. If test results are positive for the presence of drug or alcohol, the results shall be considered relevant corroborative evidence of a violation of this Code of Student Conduct.
- Random Testing of Students Participating in Extra-Curricular Activities. This section applies to all high school students who elect on a voluntary basis to participate in any school sponsored extra-curricular activity as defined in Policy 6145.
- Participation in extra-curricular activities is a privilege and not a right. Students involved in extra-curricular activities represent the school and school system in interscholastic competition, public performances and various other activities. They are role models for other students. Their use or abstinence in the use of alcohol or illegal drugs is likely to influence the choices of other high school students. In addition, the use or abuse of alcohol and/or illegal drugs by these athletes is likely to increase student injuries to the user or others with whom he/she is playing. Finally, the Board believes that the adoption of this random alcohol and drug testing policy will deter the use of alcohol and drugs among high school students. Therefore, the Board of Education has adopted this policy on the random alcohol and drug testing of students who participate in extra-curricular activities.
- Consequences of a positive test.
- FIRST OFFENSE. In the event a student fails or refuses to participate in the alcohol and/or drug test when selected at random or tests positive for alcohol or drugs, the student shall be ineligible to participate in extra-curricular activities for 365 calendar days. However, if the student agrees to be screened by Insight Human Services and enroll in and successfully complete substance abuse education and/or intervention program recommended by Insight Human Services and provided by Insight Human Services at Board expense (if funds are appropriated for this purpose ), the student shall regain eligibility to participate in extra-curricular activities immediately. A student may choose to participate in an alternative program not provided by Insight Human Services with Superintendent's approval and at parent's expense.
- SECOND OFFENSE. In the event a student tests positive a second time or fails or refuses to participate in the second alcohol and/or drug test when selected at random, the student shall be ineligible to participate in extra-curricular activities for 365 calendar days.
- The student shall not be subject to suspension from school solely as a result of a positive random test, however, where there is sufficient other evidence to establish use, distribution or possession violation of this Policy, the student may be disciplined accordingly.
- Voluntary Random Drug Testing Program.
- The Board authorizes and directs the Superintendent to develop and implement a voluntary random alcohol and drug testing program.
- Participation in the program must be based upon the voluntary written permission of the student and the student's parent or guardian.
- A student must participate in the "It's My Call" program in order to participate in any extra-curricular activity.
- If a student tests positive for alcohol or drugs, the report must be shared in a confidential manner with the student and the student's parents and information shall be provided to the student and the student's parents regarding alcohol and drug abuse prevention and intervention programs in the community. The report shall not be made a part of the student's education or discipline records.
- No student may be disciplined, suspended or expelled for a positive test administered through this voluntary program, however, where there is sufficient other evidence to establish use, distribution or possession violation of this Policy, the student may be disciplined accordingly.
- Random Mandatory Drug Testing. As described in section V. above, such drug testing may be recommended as an intervention for a violation of the Code of Student Conduct. Administrators may agree to stay more serious disciplinary consequences if students agree to participate in random, mandatory drug testing for up to 365 calendar days.
- Testing Procedures. It is the responsibility of the Superintendent, or his designee, to develop and implement testing procedures for each of the above programs that:
- Respect the privacy interests of the students during the collection of urine samples;
- Provide a secure chain of custody of each student's urine sample;
- Provide for a screening and confirming tests using generally accepted testing procedures by an approved laboratory;
- Provide an opportunity for a student who tests positive for alcohol or drugs to submit appropriate documentation of any medications he/she is using to a medical review officer to explain the test results before the results are reported to school officials. If the medical review officer is satisfied that the positive test result was caused by the use of prescribed or lawful medications, the test shall be reported as negative to school officials.
- Provide an opportunity for a student who tests positive to submit a portion of his/her urine sample to a private approved laboratory at the student's expense for a second confirming test.
Adopted: June 1983
Revised: June 1990; September 1992; July 1994; March 1998; August 1998; June 2001; July 2004; April 2005; November 2005; March 2006; May 2007; April 2008; January 2009; May 2009; July 2009; May 2010; November 2010; March 2011; August 2011; August 2013.
Alcohol & Drug Abuse
I. Publication of Policy
- It shall be the responsibility of the administrative staff to acquaint students, parents, guardians and the community with the provisions of the Board of Education's alcohol and drug abuse policy.
- The policy will be explained to students and faculty members at least once per year.
- Principals and school administrators are encouraged to discuss the policy with local PTAs, citizens' advisory councils, community organizations, and news media.
II. Responsibility of Schools to Parents
- The principal or the principal's designee shall notify a student's parent(s) or guardian(s) at any time the policy is violated or is suspected to have been violated.
- If a principal or teacher suspects a student is using a prohibited substance, but the school official does not have sufficient evidence to prove that the student is using a prohibited substance, the purpose of the communication with the child's parent is simply to inform the parent about the problems of alcohol and drug abuse among school age children and not to discipline the child.
- Staff members shall be available to assist parents whose children are suspected to be using prohibited substances by providing information about and referrals to community resources such as Step One.
- If a medical crisis caused by the use of a prohibited substance occurs at school or at a school-related activity, immediate emergency assistance should be sought and the student's parents notified.
III. Advertisement of Alcoholic Beverages and the Use of Controlled Substances Discouraged
- In accordance with Policy 5131.6, Section III, the commercial advertisement of beer, wine coolers and alcoholic beverages; the commercial advertisement of drug paraphernalia; and the commercial advertisement of controlled substances is and shall be discouraged at school or school-related activities for students. The term commercial advertisements shall include but is not limited to:
- School-sponsored publications, such as newspapers, yearbooks and sports programs;
- Non-school sponsored student publications;
- Posters, bulletin boards, bumper stickers, and handbills;
- Clothing, such as t-shirts and hats;
- Jewelry, buttons and patches;
- Personal possessions, such as book bags and book covers;
- Glasses and beverage containers; and
- Towels, blankets and banners.
- If a student possesses or wears at school or a school activity anything which contains a commercial advertisement discouraged by Board policy, the student and the students' parent(s) should be reminded of the Board's policy and asked, but not required, to remove the commercial advertisement. The student shall not be punished in any way if he/she refuses to remove the garment with the advertisement at school or school activities.
- Assistant principals and guidance counselors of each school staff shall be knowledgeable about the problems of alcohol and drug abuse and the resources in the community which are available for the assessment, intervention, and treatment of students who may need it, such as Step One.
- Reasonable efforts should be made to assist students who are experiencing alcohol and drug-related problems before the student's behavior becomes a health or discipline problem.
V. Responsibility of School Officials
- The provisions of the Board's policy shall be included in all secondary school student handbooks.
- All staff members, guidance counselors in particular, have a responsibility to assist students when they need counsel on drug-related matters and to refer students, when appropriate, to community agencies.
- All faculty members shall receive training in how to identify the signs and/or symptoms of alcohol and drug use; shall be responsible to screen and observe students in order to detect alcohol or drug use at school or school activities; and shall report any incidents of use, possession, sale or distribution of a prohibited substance to the principal's office.
- Principals shall investigate all incidents of alcohol and drug abuse reported to them. Students accused of violating the Board's policy shall be accorded the due process rights set forth in Policy 5131. If it is determined that a student has violated the policy, the student shall be disciplined in accordance with the Policy of the Board.
- Lockers and Desks - A school official has the authority to search a student's locker and desk at any time. A student's locker and desk are the property of the school. Students shall be advised that their lockers and desks may be searched. The search should be done in the presence of at least one other adult person. A record should be made of the persons present, of the date and time of the search, and of the items found in the locker or desk.
- Personal Possessions - School officials have the right to search a student's clothing, including book bags and handbags, if they have a reasonable suspicion that the student has in his or her possession a prohibited substance. However, school officials shall not conduct a "strip search" unless they have obtained a search warrant.
- Automobiles - As a condition for obtaining a permit to park a vehicle on the school grounds, a student and the student's parents, if they are the owners of the vehicle, must agree, in writing, to allow school officials to search his or her vehicle if a school official has a reasonable cause to suspect that the student has a prohibited substance (or a weapon or the fruits of a crime) in his or her vehicle.
VII. Communication and Coordination with Law Enforcement Personnel
- The principal shall inform the appropriate law enforcement officials (WSPD, KPD, or FCSD) orally or in writing whenever a controlled substance is used, possessed, sold or distributed at school or at any school-related activity in violation of state law and Board policy.
- The report may be made orally or by mailing a copy of the Discipline Record Form to the WSPD, KPD, or FCSD, as appropriate.
- Any confiscated controlled substance shall be turned over to law enforcement personnel for identification, if necessary, or disposal.
VIII. Drug Testing Regulations and Procedures
- Types of Testing
- Voluntary Random Alcohol/Drug Testing. This is an expansion of the "It's My Call Program" to include all middle and high schools.
- Mandatory Random Alcohol/Drug Testing Program. All high school students who participate in extra-class activities as defined in Policy and AR 6145, "School Sponsored Extra-Class Activities", will be required to participate in random alcohol/drug testing, the "It's Our Call" Program. If participation in an after school activity is required to earn credit or a grade in a course, the activity is not considered an extra-class activity. Participation in extra-class activities does not include attendance at school events such as athletic contests and drama productions.
- Reasonable Cause Alcohol/Drug Testing Program. In the event a school administrator determines after appropriate investigation that a student is at school or a school activity under the influence of alcohol/drugs and the student denies being under the influence, the student will be offered the opportunity for an alcohol/drug test with parent knowledge and/or consent.
- Permission Forms, Sign-ups, Data Collection and Record Keeping.
- Student/Parent Permission Required. Each student and each student's custodial parent/guardian (unless the student is 18 years-of-age or emancipated) wishing to participate in extra-class activities, the "It's Our Call" Program, and in the voluntary "It's My Call" Program must give consent in writing for random alcohol and drug testing and for the release of the test results to: WS/FCS's Drug Testing Administrator, the Medical Review Officer (MRO); the student and the student's custodial parent/guardian; and the school principal or his/her designee on a form provided by WS/FCS.
- Creation of Data Bases. Each school shall create using SIMS software a unified student data base listing those students who have joined the "It's My Call"/"It's Our Call" programs.
- Sign-up Schedule. Students will be encouraged to "sign-up" for both the "It's My Call"/"It's Our Call" programs during the first week of the school year. The enrollment shall be for the entire time that a student is in high school rather than for one year. Students may sign-up at any time in the school year.
- Process of Random Selection. It shall be the responsibility of the WS/FCS's Test Administrator to maintain for each of the regular high schools and the two special high schools, South Park and Independence, a separate but unified data base consisting of all students who have given permission for testing under both the "It's My Call" and "It's Our Call" Programs. Based on the WS/FCS's budget, the Test Administrator will randomly select approximately 1% of the students subject to testing at each school ten times per school year on a random schedule. The day of testing shall be varied so that testing does not become predictable. Because of their low enrollments, the students at Carter Vocational and Griffith Day School may be tested at Parkland High School.
- Method of Collection of Urine Samples. The following procedures shall be used for the collection of urine specimens at the individual schools.
- Notice of Collection. For random testing, the Test Administrator shall notify the school in a secure manner prior to 8:00 A.M. on the day of testing that its students have been selected for testing. The Administrator shall send the principal or the principal's designee by runner, FAX or E-Mail the numbers (not names) of the students selected for testing. The school will determine each student's name and class schedule. It is assumed that some of the students will be attending the Career Center. If they cannot be tested at the home school, the Test Administrator will arrange for those career center students selected at random from several schools to be tested at the Career Center on a random basis. All students selected for testing at a school shall not be notified simultaneously. A school employee will notify each student personally that he/she has been selected for testing immediately prior to testing. The student shall be escorted immediately to the collection site. The student shall not be allowed to go to his/her locker for any reason. The student may not leave the presence of a school employee or the Test Administrator's staff until he/she has provided a urine specimen. If the student refuses to cooperate with school employees or the Test Administrator's staff, the student's refusal to cooperate shall be reported as a "positive" test result.
- For reasonable cause alcohol and/or drug testing, once a school administrator determines that a student is at school or a school activity under the influence of alcohol or a controlled substance and offers the student and the student's parent/guardian the opportunity for an alcohol or drug test, and the student and the student's parent/guardian agrees to an alcohol and/or drug test, the student shall be escorted to the contractor's collection site as soon as possible.
- Collection Site. The collection of urine samples for the "It's My Call" and "It's Our Call" Programs shall occur on campus rather than at an off campus collection facility. Reasonable cause testing will occur off site at one of Test Administrator's collection sites.
- Time of Collection. In general, urine specimens will be collected during students' lunch periods or study halls rather than a regular class.
- Collection Location, supplies and equipment. Each school and the Test Administrator shall select by mutual agreement one or two rest rooms to use for collecting urine samples.
- Protection of Student's Privacy. The following procedures, at a minimum, shall be used to ensure that the privacy interests of each student are respected during the collection of the student's urine specimen.
- The Test Administrator's staff shall monitor each student in a non-intrusive manner to detect any attempt to provide a false urine specimen. Immediately upon receipt of a urine specimen it shall be tested to determine its temperature. All specimens outside of normal temperature limits will be considered invalid and the student shall be required to provide another urine sample.
- Students will be given the opportunity to notify the MRO in writing if they are taking any prescription or non-prescription drugs at the time of the test.
- Chain of Custody. The Test Administrator shall implement procedures to ensure that each student's urine sample is appropriately labeled and secured to prevent each sample from being lost, misplaced, or contaminated. At a minimum, the Test Administrator shall:
- Provide each student with a sanitized kit containing a specimen bottle. The bottle will remain in the student's possession until a seal is placed on the bottle by the collection staff. The student will sign a form certifying that the bottle contains his/her urine sample and that the specimen has been sealed. The seal may be broken only by the lab testing the specimen.
- After the specimen has been sealed, the specimen shall be transported to the testing laboratory by the Test Administrator.
- In order to maintain confidentiality, the specimen bottle shall be labeled with the student's number and not the student's name. In addition, the results sheet mailed by the laboratory to the Test Administrator or MRO shall report the results by student number and not by student name.
- Refusal or Inability to Provide Sample. The Test Administrator shall implement appropriate procedures for use in the event a student refuses to provide a urine sample or states that he/she is physically unable to provide a urine sample. A refusal to provide a urine sample will be treated as a "positive" test result. At a minimum, if a student says that he/she is unable to provide a urine specimen, the student will be given a large glass of water and up to one hour to provide a urine sample. If the student states that he/she has a medical problem which prevents the student from providing a urine sample, the student will be given the opportunity to communicate with the MRO and the MRO, in consultation with the student's physician, shall determine whether or not the student has a legitimate medical reason for being excused from the testing.
- Absentees. A student who is absent on the day of a test shall be excused. However, a student who was present during the first period and later leaves campus without a valid excuse (or cuts class) after it becomes known that students are being tested shall be considered as a refusal to be tested.
- Substances Tested For and Types of Tests.
- Students may be tested for any of the following substances:
- At the recommendation of the Test Administrator, students may tested any other or additional substances.
- Screening Test. The urine specimen shall be screened using an enzyme immunoassay (EIA) test or other NIDA approved screening test.
- Confirming Test. If the screening test indicates the presence of alcohol or a controlled substance, the specimen shall be subject to a confirming test by Gas chromatography/mass spectrometer (GC/MS).
- Split Sample. Each student's urine sample shall be split into two samples. In the event of a confirmed positive test, a student may request that a portion of his/her urine sample be tested by another NIDA approved laboratory at the student's/parent's expense.
- Reasonable Cause Testing for Alcohol. In the event a student and a student's parent request reasonable cause test for the presence of alcohol, the contractor may use a breath and/or urine test method.
- Standards for Positive Test. WS/FCS will use the standard cutoff scores generally used by NIDA and/or SAMHSA for determining a positive test result.
- Use of Licensed Laboratory Only. The Test Administrator must use a laboratory that is appropriately licensed by the NIDA or SAMHSA.
- Duties of Medical Review Officer
- Test Administrator shall employ or provide by sub-contract a physician licensed to practice medicine in North Carolina as a Medical Review Officer (MRO).
- Any confirming test reported by the laboratory as "positive" for the presence of alcohol or a controlled substance shall be reported directly to the MRO.
- The MRO shall notify the student and the student's parent/guardian of the test results and shall give them an opportunity to present information, such as the documented use of a prescription medication or an over-the-counter drug, which would render the "positive" result invalid or "negative." Failure or refusal of the student and/or the student's parent/guardian to cooperate with the MRO shall constitute a "Refusal to Test."
- The MRO shall inform the student and the student's parent/guardian of the opportunity for an additional confirming test at the student's/parent's expense from the remaining sample of the student's urine.
- If the MRO determines that a "positive" test result was the result of the lawful use of a prescription or non-prescription drug, the test results shall be considered as "Negative."
- If the MRO determines that the test results are valid and "positive" for the presence of alcohol or a controlled substance, the MRO shall inform the student and the student's parent/guardian of his/her determination and offer them the opportunity for an assessment by Step One and based on that assessment, the provision of an intervention program for the student by Step One with the understanding that:
- If the student and the student's parent/guardian agree to participate in the assessment and intervention program the test results will not be reported to WS/FCS and the student will continue to attend school and participate in extra-class activities, and
- the student will be subject to periodic urine tests while participating in the intervention program.
- If the student fails or refuses to attend the intervention program provided by Step One, or some other acceptable service provider at parent's expense, or tests "positive" for the presence of alcohol or a controlled substance while participating in the intervention program, Step One shall report to WS/FCS that the student tested "positive."
- Reporting Results to School Principal or Designee.
- Random Testing: After the MRO has completed the process described above, the Test Administrator shall provide a written report to the WS/FCS and the school principal or the principal's designee indicating the number of students who tested negative and positive as well as the number of students who tested positive who have agreed to an assessment and participation in an intervention program and the number who have not agreed to the assessment and participation in an intervention program. If a student tests positive for the presence of alcohol or a controlled substance and the student fails or refuses to be assessed by Step One and/or to participate in an intervention program recommended by Step One, Step One shall notify the School Principal that the student is no longer eligible for participation in extra-class activities.
- Reasonable Cause Test. The MRO shall inform the student and the student's parent/guardian that the MRO must inform the principal or his/her designee of the positive test results. The MRO also shall encourage the student, with the knowledge and consent of the student's parent/guardian, to be assessed by the contractor and to participate in the intervention program recommended by the contractor.
- Consequences of a Positive Test
- It's My Call Program. A student who tests positive shall be excluded from the "It's My Call Program" unless the student with his/her parent's/guardian's knowledge and consent agrees to participate in an assessment provided by Step One within five (5) days of the receipt of the results and an intervention program recommended by Step One and shall be suspended from the "It's My Call Program" for 365 days.
- It's Our Call Program. A student who tests positive shall be ineligible for participation in extracurricular activities, including athletics, for a period of 365 calendar days unless the student with his/her parent's/guardian's knowledge and consent agrees to participate in an assessment provided by Step One within five (5) days of the receipt of the results and an intervention program provided by Step One at WS/FCS expense. If the student needs a more intensive treatment program than can be provide by Step One, the student shall be referred to an appropriate service provider by Step One. In addition, a student and a student's parent may prefer to enroll the student in an alternative intervention program.
Programs not provided by STEP ONE must be provide at parent's expense. If the student agrees to the assessment and enrolls in the recommended intervention program, the student may continue his/her participation in extra-class activities.
- Reasonable Cause Testing. A positive test shall be considered corroborative evidence in support of the other findings that the student was under the influence of alcohol or drugs at school or a school activity. If it is the student's first offense and the student agrees to be assessed by the Step One and to participate in the intervention program, the student shall be re-admitted to the regular school program subject to the student's continued participation in the intervention program. If is it a second offense, the student is subject to expulsion.
- The test Administrator, its agent and employees shall maintain the confidentiality of all personally identifiable student information and test results.
Adopted: April, 1972
Revised: January, 1975; June, 1983; June, 1990; August, 1998; September, 1999; June, 2005