Approval Date: November 19, 2019

FHAC- Student Drug and Alcohol Testing

Purpose

The District has established a mandatory drug testing program for all students in grades 9-12 who participate in extracurricular activities for the following reasons:

• Health and safety of the individual and others-any student participating inactivities under the influence of an illegal drug or alcohol creates a risk of death orserious bodily injury, not only to the student but also to other participants and spectators.
• Prevention-this policy gives students an additional reason to avoid the use of drugs.
• Intervention-individuals desiring to participate in activities will seek professional, clerical, or parental assistance for their drug or alcohol problems.
• School Representatives-students who participate in student government, cheerleading, clubs, and competitive athletic activities, whether UHSAA or club sponsored, represent the school in the community.
• It is of the utmost importance that those involved in these activities comply withlaws and rules of behavior and conduct themselves at all times in a mannerbefitting their positions and responsibilities.

References

Definitions

• Activity Season: for purposes of this policy means the period beginning:
  • The first day of practice allowed by the Utah High School Activities Association (UHSAA) for any competitive sport and ending the last day of competition for that sport season;
  • The first day after being chosen or elected through a competitive process for student officer or cheerleader and ending the last day a student fills the position.
  • The first day of practice for a competitive club sport.
• Alcohol: Any alcoholic liquor as defined under Utah Code 34-38-1
• Controlled Substance: a drug, substance, or immediate precursor included in Schedules I, II, III, IV or V of the Federal Controlled Substance Act, Title II P.L.91-513
• Illegal Drugs: includes all drugs and controlled substances as defined in the Utah Controlled Substances Act §58-37-2 including all prescription drugs obtained without authorization and all prescribed and over-the-counter drugs being used for an abusive purpose.
• Parent(s): a student's custodial parent(s) or lawful guardian.
• Extracurricular activities: any extracurricular activity including, but not limited to: student officers, cheerleading, all activities sponsored by the UHSAA, and clubs that provide competitive activities similar to UHSAA activities.
• Non Punitive: test results will not be disclosed to law enforcement or juvenile authorities absent a valid and binding subpoena or other legal process issued by a court of competent jurisdiction.
• Positive Test: a drug test administered under this policy with a toxicological result which is considered to demonstrate the presence of an illegal or performance-enhancing drug or the metabolites thereof using the standards customarily established by the testing laboratory administering the drug test.
• Sef-Referral: the process of a student voluntarily coming forward and seeking help for a problem with an illegal drug or controlled substance.
• Testing Cycle: the time period for random substance abuse tests determined by the District and testing organization; they may be weekly, monthly, quarterly, or by the semester.
• UHSSA: Utah High School Activities Association

Policy

The District has a mandatory drug testing program for all students in grades 9-12 who participate in extracurricular activities.

The District has established procedures to ensure privacy and reliability of testing.

Nothing in this policy affects other district policies including:

• Disciplinary provisions for any student selling, giving, delivering, possessing, using, or under the influence of a controlled substance, an illegal drug, or alcohol.
• Reasonable suspicion provisions that allow the District to search or test any student suspected of being under the influence of drugs or alcohol.
• Results of any drug test administered under this policy shall be used only for determination of eligibility to participate in extracurricular activities and for no other disciplinary purpose.
• A positive drug test is not in and of itself proof that a student has violated the Student Code of Conduct/Safe Schools Policy or the Drug and Alcohol Free Schools Policy.

Upon a positive test result the District will immediately contact the student's parent(s)

The District provides an educational drug awareness program for all students covered by the policy.

The Board of Education may impose an activity fee to pay for the random drug assessments, which will be outlined on the yearly fee notice

If any section of this policy cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this policy.