5.402 Student Alcohol and Drug Testing
Students shall be notified in writing at the beginning of each school year or at the time of enrollment that they are subject to testing for drugs and alcohol during the school year.
Should they determine that it is necessary and appropriate, principals are authorized to order drug tests for individual students when there is a reasonable cause to believe that:
1. The school board policy on alcohol and drug use has been violated;
2. A search of lockers, vehicles, persons, and/or containers produced evidence of the presence of drugs and/or alcohol;
3. Through observation or other reasonable information reported by a teacher, staff member or other student that a student is using drugs and/or alcohol on school property. Upon receiving reasonable information and determining that completing a drug or alcohol test would be appropriate and necessary, the principal shall notify the student and the student’s parents of the concern, the intent to administer a drug test and give the student an opportunity to decline the test. The student shall be advised of that declining the test shall constitute grounds for suspension from school and a hearing before the disciplinary hearing authority. Based upon the circumstances and nature of the information leading to the order for drug and alcohol testing, the principal shall determine if the student will be allowed to return to school before testing results are received or if the student shall be offered an alternative education program until the results are available. Upon receiving a written, certified copy of the analysis from the laboratory, the principal shall do one of the following:
1. If the results of the analysis are negative, all evidence of the individual test, including all records in the school that the test was ordered and the reasons therefore, shall be destroyed.
2. If the results of the analysis are positive, the student and parents or legal guardian shall be given the written notice of the result. In addition, they shall receive referral information which shall include in-patient, out-patient, and community-based drug and alcohol treatment programs. The principal shall take appropriate disciplinary action as prescribed by Board.
Should they determine that it is necessary and appropriate, principals are authorized to order drug tests for individual students when there is a reasonable cause to believe that:
1. The school board policy on alcohol and drug use has been violated;
2. A search of lockers, vehicles, persons, and/or containers produced evidence of the presence of drugs and/or alcohol;
3. Through observation or other reasonable information reported by a teacher, staff member or other student that a student is using drugs and/or alcohol on school property. Upon receiving reasonable information and determining that completing a drug or alcohol test would be appropriate and necessary, the principal shall notify the student and the student’s parents of the concern, the intent to administer a drug test and give the student an opportunity to decline the test. The student shall be advised of that declining the test shall constitute grounds for suspension from school and a hearing before the disciplinary hearing authority. Based upon the circumstances and nature of the information leading to the order for drug and alcohol testing, the principal shall determine if the student will be allowed to return to school before testing results are received or if the student shall be offered an alternative education program until the results are available. Upon receiving a written, certified copy of the analysis from the laboratory, the principal shall do one of the following:
1. If the results of the analysis are negative, all evidence of the individual test, including all records in the school that the test was ordered and the reasons therefore, shall be destroyed.
2. If the results of the analysis are positive, the student and parents or legal guardian shall be given the written notice of the result. In addition, they shall receive referral information which shall include in-patient, out-patient, and community-based drug and alcohol treatment programs. The principal shall take appropriate disciplinary action as prescribed by Board.