FAYETTEVILLE PUBLIC SCHOOL DISTRICT ATHLETIC AND ACTIVITY "DRUG-FREE" POLICY AND PROCEDURE GUIDELINES (DRAFT)
Because of the ever-increasing incidence of drug use and addiction among the youth of our society, the Fayetteville Board of Education has determined that it has a compelling interest in the protection and safety of its students who are involved in athletics and activities. The Board recognizes that adolescence is a time when the physical, psychological, and addictive effects of drugs are most severe and their use can lead to immediate physical harm or injury of a student or others engaged in activities. The Board further acknowledges that extracurricular activities play an important part in the lives of many students and are significant events in creating the culture and climate of the school district. The positive lessons learned in these activities are beneficial to students, not only during their school years, but also long after they leave school. Extracurricular activities provide students with special opportunities to develop skills and attitudes and to be recognized for their accomplishments. Participants in such activities are considered role models by their peers and younger students in the community.
Because extracurricular activities are elective opportunities, and because of the potential risk of physical harm to students engaged in drug use, and because those who choose to become involved in extracurricular activities are visible representatives of the school district as well as role models, the Fayetteville Board of Education adopts a policy that requires all students who participate in extracurricular activities registered with the Arkansas Activities Association and all students who, during the course of a normal school day, must operate potentially hazardous machinery be drug free and subject to random drug testing.
To effectively and efficiently implement this policy, the Board of Education adopts the following procedural guidelines:
1. Students Subject to Drug Free Requirements and Random Drug Testing
a. This policy applies to all students in grades 8-12 (male or female) who try out for or participate any extracurricular activity requiring registration with the Arkansas Activities Association (football, basketball, track, soccer, cross country, swimming, tennis, gymnastics, golf, softball, volleyball, Student Council, spirit groups, choir, band, ASCA, ASPA, AYAA, BETA club, National Honor Society and Close Up). Any 7th grade student who participates on a junior high athletic team requiring physicals will be included in the program.
b. Registered Arkansas Activities Association groups such as DECA, FBLA, FFA, GCECA, HOSA and VICA which mandate student membership as a class requirement will participate in the random testing pool but will not be required the take the initial mandatory test.
2. Consent Form: Students desiring to either try-out for or participate in any of the activities described above must sign a consent form agreeing to comply with the provisions of the District's random drug testing program. The consent form must also be signed by the student's parents or legal guardians prior to any participation (see attached consent form). Students who fail to submit the required consent form will not be allowed to try out for or participate in any of the above mentioned activities.
3. Mandatory Drug Test Prior to Participation: At or near the time of the physical examination and/or prior to either trying-out for or participating in any of the extracurricular activities described above, the student must undergo an initial mandatory drug test (at a time and location designated by the Superintendent of Schools or his or her designee). Students who either try-out for or participate in more than one extracurricular activity covered by this policy shall undergo only one initial mandatory drug test per academic year (at the time of the first activity). Students involved in activities that do not require an annual physical will also be required to participate in an initial mandatory test (excepting those mentioned in paragraph 1a). All above mentioned students will be subject to random drug testing throughout their participation. All costs for the initial drug tests will be paid by the Fayetteville School district.
4. Random Drug Testing During Season and Off-Season:
a. Test groups. Each secondary school will be grouped separately. Each school's test group will consist of all students participating in the above mentioned activities who have signed the consent form and taken the mandatory initial drug test (Note: exceptions in paragraph 1a).
b. Percentage of students to be random tested. Up to 25% of the students included in each testing pool will be selected during each random testing period.
c. Frequency of random drug tests. There will be a minimum of four random tests during each school year, at various times of the school day and with varying intervals between tests.
d. Selection of students to be tested. Students will be selected for testing by the use of a random number generating computer program. Numbers generated will be matched with names from a list compiled by and in the possession of the Superintendent of Schools or his or her designee who will in turn provide the matching names. Those students will be called for testing.
e. Administration of the random drug tests. After the selection process is completed the school will call the selected students from class and deliver them to a site selected and prepared by a professional drug testing agent contracted by the school. That professional will supervise the urine collection and assure a legal "chain of custody" of the sample. The students will then return to class. f. Refusal to participate in random drug testing. Any student who refuses to participate in the random drug testing program will be considered to have tested positive.
f. Cost of random drug test. All random drug testing cost will be paid for by the Fayetteville School District, except those otherwise indicated.
5. Initial Testing of the Sample: All drug testing will be conducted through the facilities of the professional drug testing agent (to be named) to protect confidentiality. Identification of all samples will be by a control number. Results of the initial drug screen will be faxed to the Superintendent of Schools or his or her designee via secure FAX.
6. Confirmation of Positive Drug Screen: If the initial drug screen performed by the professional testing agent is positive for a prohibited substance, a second test will be mandatory to confirm the results. This confirmation process involves sending the split sample to a referral laboratory outside of Fayetteville. The results of this second test will be forwarded to a designated Medical Review Officer (MRO), who is a physician and not employed by either the professional testing agent or the referral laboratory, for review. If the second test is negative or the student is cleared by the MRO, there will be no action taken. If the second test is positive and results are confirmed and verified by the MRO, the parents and student will be notified and the school response will be initiated.
7. Prohibited Drugs: The Fayetteville Public School District Random Drug Testing Program will screen for the following classes of illegal substances: Amphetamines, Cocaine Metabolites, Marijuana Metabolites, Opiates, and Phencyclidine.
8. Confidentiality of Test Results: The District will make every effort to protect the privacy rights of the student and to insure the confidentiality of drug test results.
9. District Action for a Positive Drug Screen:
a. First violation of drug testing requirements. It is the Fayetteville School District's desire to take a positive, rehabilitative approach in its actions toward students who have had a first positive drug test and to see that student returned as soon as possible to full involvement in his or her activity. Therefore, the student will be subject to the following actions:
1. The student will be suspended from travel, competition or performance in any school related activity for thirty (30) days. Athletes, while remaining a part of the school team, will not be allowed to practice, travel or play for that period.
2. The student will lose the privilege of open campus for thirty (30) days.
3. The student will complete a school approved substance abuse program prior to reinstatement.
After thirty days:
4. The student will enter into a behavioral contract with their primary instructor prior to reinstatement.
5. The student must pass a re-entry drug test.
6. The student must agree to be tested at each random testing session for one calender year.
a. Subsequent violation of the drug free requirements. The student will be removed from extra curricular activities for one calender year.
b. Cost of medical treatment and substance abuse counseling. The student is responsible for all costs related to medical treatment by physicians, professional services rendered by any substance abuse counselor or agency, and any additional drug tests required as a direct result of a violation of the drug free requirements of this policy.