LOGAN CITY SCHOOL DISTRICT
POLICIES AND PROCEDURES

Title Drug and Alcohol TestingNumber515
Section500 Student Services Approval DateMarch 24, 2015
Subsection510 Student SafetyAmended DateJune 21, 2016


1. PURPOSE: The District established a mandatory drug testing program for all students in grades 9-12 who participate in extracurricular activities for the following reasons:
1.1Health and safety of the individual and others-any student participating in activities under the influence of an illegal drug or alcohol creates a risk of death or serious bodily injury, not only to the student but also to other participants and spectators.
1.2Prevention-this policy gives students an additional reason to avoid the use of drugs.
1.3Intervention-individuals desiring to participate in activities will seek professional, clerical, or parental assistance for their drug or alcohol problems.
1.4School Representatives-students who participate in student government, cheerleading, clubs, and competitive athletic activities, whether UHSAA or club sponsored, represent the school in the community.
1.4.AIt is of the utmost importance that those involved in these activities comply with laws and rules of behavior and conduct themselves at all times in a manner befitting their positions and responsibilities.
2.REFERENCES
2.1Federal Controlled Substance Act
2.2Utah Code Ann. §34-38-1-15 Alcohol
2.3Utah Code Ann. §58-37-2 Controlled Substances
2.4Utah Code Ann. §53A-11-901 et. seq. Public School Discipline Policies
2.5Utah Code Ann. §Section 53A-11-1300 Reporting School-Related Controlled Substance Abuse
2.6Utah Code Ann. §Section 32B-1 Alcoholic Beverage Control Act
3.DEFINITIONS
3.1Activity Season: for purposes of this policy means the period beginning:
3.1.AThe 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;
3.1.BThe 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.
3.1.CThe first day of practice for a competitive club sport.
3.2Alcohol: Any alcoholic liquor as defined under Utah Code 34-38-1
3.3Controlled 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
3.4Illegal 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.
3.5Parent(s): a student's custodial parent(s) or lawful guardian.
3.6Extracurricular 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.
3.7Non 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.
3.8Positive 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.
3.9Self-Referral: the process of a student voluntarily coming forward and seeking help for a problem with an illegal drug or controlled substance.
3.10Testing 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.
3.11UHSSA: Utah High School Activities Association
4.POLICY
4.1 The District has a mandatory drug testing program for all students in grades 9-12 who participate in extracurricular activities.
4.2The District has established procedures to ensure privacy and reliability of testing.
4.3Nothing in this policy affects other district policies including:
4.3.ADisciplinary provisions for any student selling, giving, delivering, possessing, using, or under the influence of a controlled substance, an illegal drug, or alcohol.
4.3.BReasonable suspicion provisions that allow the District to search or test any student suspected of being under the influences of drugs or alcohol.
4.4Results 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.
4.4.AA 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.
4.5Upon a positive test result the District will:
4.5.AImmediately contact the student's parent(s);
4.5.BRetest the sample to confer validity.
4.6The District provides an educational drug awareness program for all students covered by the policy.
4.7The Board of Education may impose an activity fee to pay for the random drug assessments.
4.7.ANotification of fees will be outlined on the yearly fee notice.
4.8If 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.
5.PROCEDURES
5.1CONSENT AND EDUCATION PROGRAM REQUIRED
5.1.AA student and the student's custodial parent(s) or lawful guardian shall provide a consent to test form to the Athletic Director, Coach, or Advisor, either through Register My Athlete or a written form, before the student participates in an extracurricular activity.
5.1.A.1Any student who refuses or fails to provide a duly executed consent or who refuses or fails to comply with the provisions of this policy will not be allowed to participate in any extracurricular program sponsored by the District until the student/parent fully complies.
5.1.BStudents are required to attend a one-time mandatory educational drug awareness course taught by the Bear River Health Department prior to participation in an extracurricular activity.
5.1.B.1Attendance is documented by the school and students are ineligible to participate in activities until this course is completed.
5.1.CIf a student is taking an ongoing or maintenance medication, written notification by the parent(s) to the school is encouraged.
5.2STUDENT SELECTION:
5.2.ARandom testing is conducted on students during their participation in extracurricular activities on a weekly basis or any other frequency determined by the District.
5.2.BSelection for random testing is by lottery drawing from a pool consisting of all students participating in extracurricular programs sponsored by the District at the time of the drawing.
5.2.B.1Separate pools may be established on a team-by-team basis.
5.2.CThe Superintendent or designee shall take all reasonable steps to assure the integrity, confidentiality, and random nature of the selection process including the names of all participating students in the pool.
5.3RANDOM DRAWING:
5.3.APrior to the start of practice for a particular activity or upon election, all students who wish to participate in such activity shall submit a consent form.
5.3.BAt least ten percent (10%) of the total number of participants on the team/group may be tested each week, from the date of the first practice until the date of the final competition or completion of term of office for each activity.
5.3.C.The Superintendent or designee will keep the lists in a secure place accessible only to authorized personnel.
5.3.DAll students are in the pool for each draw, for their entire season or term of office.
5.3.EIt is possible that a participant may be drawn several times during the season or term of office.
5.3.FStudents who are absent when their names are drawn will remain on the list until they have been tested.
5.4URINE SAMPLING PROCEDURE:
5.4.AThe District will contract professional service from a local agency/company to conduct the testing process and to provide testing results to the designated school official.
5.4.A.1Testing procedures will be provided by the testing agency (no direct observation).
5.4.BOn the day the students are drawn, those students selected will be notified and must immediately report to the designated place to produce a urine sample.
5.4.CStudents will be allowed to voluntarily disclose any over-the-counter or prescribed medications they have recently taken.
5.4.DAny student who is unable to produce the urine sample will remain under supervision until a sample can be provided.
5.4.EAny student who willfully provides a false sample, or who otherwise tampers with a sample, or who undertakes any effort to obstruct, evaluate, or impair the accuracy of a drug test, shall be handled under Section 5.9 "Consequences of a Positive Result."
5.5PRESCRIPTION MEDICATION:
5.5.AStudents who are taking prescription medications must provide a copy of the prescription or a doctor's verification to school personnel at the time a urine sample is collected or within forty-eight (48) hours after the urine sample is taken.
5.5.BIf test results are still unclear due to the possibility of prescription drugs; the test, along with copies of the prescription, will be sent to a lab for further analysis.
5.5.CStudents who refuse or fail to provide timely verification of prescriptive drug use and who test positive will be subject to the actions specified below for "positive tests" irrespective of their use of prescriptive medications.
5.6SCOPE OF TESTS:
5.6.ATesting will be done for the following drugs, including but not limited to: amphetamines, barbiturates, benzodiazepines, cocaine, alcohol, methadone, opiates (including Oxycotin, Loritab, etc.), marijuana (level 20,50, and 100) PCP, propoxyphene, and creatinine level.
5.6.BUrinalysis tests will use a panel-integrated cup with adulteration strip.
5.7ACCESS TO RESULTS:
5.7.ATesters will be authorized to report results only to the Athletic Director, High School Administration, Superintendent, or superintendent's designee.
5.7.BTest results shall be destroyed no later than the individual's graduation.
5.8POSITIVE TEST RESULTS:
5.8.AA student who has tested positive will not leave the office until contact with parent(s) has been made.
5.8.BIf a student or his or her parent(s) contests the random test result, a second test can be administered as soon as a second sample is produced.
5.8.CStudents will remain under the supervision of the test administrator until the second sample is produced.
5.9CONSEQUENCES* OF A POSITIVE RESULT:
*Imposed consequences follow the guidelines of the UHSAA Handbook.
5.9.AFirst offense:
5.9.A.1Suspension from two consecutive games, meets, matches, events, competitions, or performances at the same level of play and any intervening levels.
5.9.A.1.aThis also includes Cheerleaders and clubs that have competitive activities similar to UHSAA activities.
5.9.A.1.bFor non UHSAA activities, students violating their group's disclosure statement or constitution, will have consequences enforced according to that document.
5.9.A.2.A student shall be reinstated after he/she has successfully completed a personal assessment conducted and documented by a licensed substance abuse intervention or treatment agency (i.e. Bear River Health Department, etc.);
5.9.A.2.aThe assessment will be paid for by the student or parent(s).
5.9.A.2.bA list of available assessment providers will be furnished upon request by the school counselor.
5.9.A.2.cIf the student chooses not to complete the assessment, he/she will not be allowed to participate for the remainder of that activity season.
5.9.A.2.dPractice may be continued following successful completion of the personal assessment.
5.9.A.3If a student tests positive at the end of a season, any suspension that is not completed will carry over to the beginning of the next extracurricular activity session.
5.9.A.4Positive test results or offenses carry over year to year in a participant's extracurricular career.
5.9.BSecond Offense:
5.9.B.1If a second offense should occur during any activity season, the student will be suspended for six weeks from games, matches, events, competitions, or performances.
5.9.B.2In order to participate in another activity season during that school year, the student must participate in an assessment by a licensed substance abuse intervention or treatment program where a prescribed follow-up is required.
5.9.B.2.aParticipation may continue only after the assessment has been completed and positive participation in the prescribed follow-up is occurring.
5.9.B.2.bThe assessment is to be paid by the student or parent(s).
5.9.B.2.cPractice may continue only after the personal assessment has been completed and positive participation in the prescribed follow-up is occurring.
5.9.B.3If a student tests positive at the end of a season, any suspension that is not completed will carry over to the beginning of the next extracurricular activity session.
5.9.B.4Positive test results or offenses carry over year to year in a participant's extracurricular career.
5.9.CThird Offense:
5.9.C.1If a third offense should occur during any activity season, the student will be suspended for eighteen weeks from any games, matches, competitions, practices, or performances.
5.9.C.2In order to participate in another activity, the student must participate in an assessment by a licensed substance abuse intervention or treatment program where a prescribed follow-up is occurring, and a negative sample (paid by student or parent) has been produced.
5.9.C.3If a student tests positive at the end of a season, any suspension that is not completed will carry over to the beginning of the next extracurricular activity session.
5.9.C.4Positive test results or offenses carry over year to year in a participant's extracurricular career.
5.9.DFourth Offense:
5.9.D.1If a fourth offense occurs, the student will be suspended from participation in extracurricular activities for one year (365 days).
5.9.D.2Positive test results or offenses carry over year to year in a participant's extracurricular career.
5.10NON-PUNITIVE NATURE OF POLICY:
5.10.ANo student shall be penalized academically for testing positive for use of illegal drugs or alcohol nor shall any student be denied the right to participate in or otherwise be denied any benefits, services, or programs of the District, other than participation in extracurricular programs as outlined above.
5.10.BResults of drug tests pursuant to this policy will not be documented in any student's academic records.
5.10.CInformation regarding the results of drug tests shall be kept confidential between the Superintendent or superintendent's designee, high school administration, the Athletic Director or student's advisor, the student's parent(s) or legal guardian, and the student.
5.10.DTest 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.
5.10.D.1In the event of service of any such subpoena or legal process, the student's custodial parent(s) or legal guardian will be notified in writing as soon as reasonably possible, but in no event less than seventy-two (72) hours before a response is made by the District unless a response is due within a shorter time frame.
5.10.D.2Notification shall be made in writing and shall be deemed complete upon the deposit thereof in the U. S. Mail, postage prepaid, addressed to the last known address of the student or his or her parent(s) or legal guardian or upon personal service upon the student participant's parent(s) or legal guardian.
5.10.D.3Verbal notification may be given, if time does not permit written notification within the seventy-two (72) hour time period.
5.11VOLUNTARY TESTING PROGRAM:
5.11.ALogan City School District is truly concerned and committed to helping students who are encountering drug or alcohol problems.
5.11.BThe District recognizes that a student with a drug dependency or use problem is not able to work to his or her fullest potential and stands a greater chance of coming into contact with law enforcement due to increased exposure to criminal activity.
5.11.CTo assist in the ultimate goal of drug-free schools and drug-free students, the District will provide voluntary drug testing to any student whose parent requests the testing be done.
5.11.DThe procedure for sampling and testing shall be conducted under substantially the same sampling procedure as set forth above, provided however immediate onsite results may be given to the student's parent(s) or legal guardian.
5.11.EThe testing will be provided at cost to the parent(s) and will be kept absolutely confidential, except for the parent(s)/legal guardian, student, and test laboratory personnel.
5.11.FNo legal or criminal actions will be taken by the District based upon such test results.
5.11.GNo record will be kept of such voluntary test results.
5.11.HThis service is offered solely for the information of the parent(s) and it is ultimately their decision what to do with the information.
5.11.IThe results of a positive voluntary test result place the student in the same position as a participating student who tests positive under the mandatory program.
5.11.JNon-participating students who test positive will have results reported to the parent(s).
5.11.KNotwithstanding the foregoing, voluntary drug testing will not be allowed for any student participant between the time when he or she has been selected for a random test and until the test results therefore have been determined positive or negative.