FILE:  IDFAA

Cf:  IDFA

DRUG TESTING PROGRAM FOR ATHLETES

The Cameron Parish School Board, hereinafter referred to as the School Board, is a legal entity charged with the task of providing the best possible education to all students with strong commitment to their health, safety and welfare.  The School Board acknowledges that athletic activities are not an essential aspect of the educational process in Louisiana as enunciated in Bulletin 741, Louisiana Handbook for School Administrators.  Therefore, student participation is not an absolute right but a privilege afforded the eligible students on an equal opportunity basis and thus is voluntary and not required by School Board policy or state and/or federal law.  In the School Board's commitment to maintain a safe and secure educational environment, a clear policy related to the detection, treatment referral, and prevention of substance abuse by students involved in athletic activities is required.

PURPOSE

In Cameron Parish, athletic activities play a prominent role in our community, and student participants are generally admired in their schools and in the community.  The School Board believes that drug use by students affects not just the users, but the entire student body and faculty, as well as disrupting the educational process. Expert testimony before the United States Supreme Court has confirmed the deleterious effects of drugs on motivation, memory, judgment, reaction, coordination and performance, thus increasing the risk of injury.  The express purpose of this policy is not to invade the privacy of the student/athlete or attempt to regulate the off-campus non school related activities of its athletes, but:

1. To discourage students involved in athletic activities from using drugs, and
    

2. To protect the health and safety of students who voluntarily choose to participate in athletic activities, and
    

3. To provide identified students with a referral to an assessment/counseling educational assistance program, and
    

4. To preserve and maintain a positive learning environment for the students entrusted to the care of the School Board who acts as guardian and tutor of the State as Schoolmaster, and
    

5. To maximize the opportunity to minimize injuries to the athlete and others who choose to participate in athletics and to ensure fair competition.

AUTHORIZATION AND CONSENT FOR DRUG TESTING

All students who wish to participate in athletics shall be subject to the specified drug testing procedures.  Therefore, the Cameron Parish School Board declares that the administration of drug testing to an athlete is not and should not be construed as being premised upon suspicion that a particular athlete is under the influence of any drugs.  The program shall be a mandatory condition for participation by a student in athletics. The drug testing guidelines established here shall be employed in conjunction with other school policies which prescribe penalties for the use, consumption and/or distribution of illegal or prohibited substances on school grounds or at school related functions.

PROCEDURES

The format for implementation of a drug testing policy shall be as follows:

All testing shall be strictly enforced and participation in the testing program shall be mandatory based upon the fact that the parents/guardians of athletes have freely chosen to permit their children to participate in the athletic programs offered by the Cameron Parish School Board.  No athlete shall be tested unless the parent(s) or guardian(s) and the athlete sign the proper contract and consent form giving permission to have tests performed.  By signing and submitting the drug testing authorization and consent form, the parent(s) or guardian(s) and athlete acknowledge that they have consented to the administration of the tests and waive any claim of invasion of privacy and waive any objection to the necessary action in the furtherance of these safety procedures.  It shall also be understood that by agreeing to any tests, the parent(s) or guardian(s) and athlete authorize the Cameron Parish School Board to have the tests listed herein administered as a necessary and mandatory aspect of its athletic program.  With written parental/guardian approval, a student has the right to remove himself/herself from the drug testing pool.  If the student removes himself/herself from the drug testing pool before his/her name is randomly drawn, then the student shall not be eligible to participate in athletic activities for the remainder of the school year.  This request is to be made in writing to the Superintendent or his/her designee by the parent/guardian.  This right is extended up to the time the student's name is randomly drawn.  Once a student's name is randomly drawn, any student who refuses random testing will be treated as a confirmed positive and the athlete shall not be permitted to participate in any athletic program offered by the school.  To be eligible to participate in athletic activities, upon proper removal of a student's name from the random pool, the student must:

1. Submit a consent form signed by their parent/guardian.
    

2. Submit to a drug test using a laboratory selected by the Superintendent and approved by the Board, at the student's expense.
    

3. Submit a negative drug test result.

TESTING PROCEDURE

For the protection of the school system in general and the athletes in particular, and to preserve the integrity and validity of the testing program, all urine tests shall be performed by a certified laboratory selected by the Superintendent and approved by the School Board. The results of the tests shall be maintained in confidence in the office of the Superintendent or his/her designee. All random drug tests will be paid by the Cameron Parish School Board. Students will be assigned a number that will be placed in a random drug testing pool for the remainder of their high school career.  Testing will occur at random intervals with no student being given advance notice of the testing.  Students shall remain under supervision as outlined by the testing laboratory, until they produce a sample.  Students unable or refusing to produce a sample will be treated as a confirmed positive.  A strict chain of custody will be enforced by the screening agent or certified laboratory doing the screening. A student who provides an adulterated sample as ascertained by the screening agent or the certified laboratory shall be treated as a confirmed positive.  Students new to any athletic activities, who have not signed the consent form and taken the initial random screening offered, will be required to submit a contract and consent form and to submit to a urinalysis screening in conformity with this policy.

TEST RESULTS

Test results shall be disclosed according to strict procedures regarding the chain of custody and access to the results.  Test results shall be maintained in the office of the Superintendent or his/her designee.

The positive results of any drug testing shall be communicated to the parent(s) or guardian(s) and the affected student.  In any case, any parent or guardian shall be permitted to engage in a confidential conference with the Superintendent, Parish Athletic Director, and Drug Free Schools Coordinator to discuss the results of any test.

All samples yielding a positive result shall be immediately re-tested for confirmation purposes.  A confirmed positive result shall be conclusive evidence that drugs were present in the student's system at the time of the drug test.  If the confirmation test is negative, no further action is taken.

Should any parent (s) or guardian (s) agree to the dissemination of the results of any drug testing, the athlete affected thereby shall be informed except in the case of a confirmed positive test, the Principal, School Athletic Director and School Coach will be advised of such.  If the confirmation test is positive, the following procedures are enacted:

1. First Violation - Upon receipt of a first confirmed positive test, the student will be immediately dismissed from all athletic activities for a minimum of twelve calendar months.  Before the student will be permitted to resume participation in athletic activities/athletic program, the athlete shall undergo a substance abuse evaluation/assessment by a certified substance abuse professional to determine the necessity of drug counseling or other treatment, which, if needed, shall be at the student's expense.  The student must provide written proof of obtaining a substance abuse evaluation/ assessment and/or attending and completion of required counseling/drug education program as recommended.  The student must then submit to a re-test, at the student's expense, using a laboratory selected by the Superintendent and approved by the Board.  Upon written notification of a negative re-test from the approved testing laboratory and proof of completion of the prescribed substance abuse counseling/educational program, the student will then be eligible to participate in athletic activities/program.  The refusal to participate in the recommended treatment/counseling/ educational program after evaluation, or even to the evaluation itself shall constitute disqualification from participation in any athletic program.
    

2. Second Violation - Upon receipt of a second confirmed positive test, the student shall be terminated from all athletic activities for the remainder of his/her high school career.

RE-TEST PROCEDURES

A student who has a confirmed positive drug test or his/her parent/guardian may request a re-test of the same specimen provided by the student, within 24 hours of notification of the confirmed positive result.  This request is to be made in writing to the Superintendent/designee.  The cost of the re-test shall be the responsibility of the student.  Should the student request a re-test, the re-test shall be administered by a laboratory selected by the Superintendent and approved by the School Board.  Moreover, the re­test shall be administered in accordance with the terms, conditions and provisions of this drug testing policy.  Verification of the original results will act as the only appeal to the conditions set forth in this policy.  A negative result from a re-test of a specimen previously tested as a confirmed positive will restore the student's eligibility status upon the Superintendent/designee's receipt of the results of the re-test.

Any expense for the re-test, the educational component, and the drug assessment prescribed above, is the responsibility of the student.

SELF-REFERRAL

In accordance with this policy, a student may initiate a self-referral under the following conditions:

1. A self-referral may not occur on the day the student is to be drug tested.
    

2. A student may self-refer one time during his/her high school career.
    

3. A student must have never received a confirmed positive result from a drug test under this policy.

Immediately upon a self-referral the student will be ineligible to participate in any athletic activities.  A principal/parent conference will be required and the student will be required to undergo a drug assessment by a certified substance abuse professional and provide written proof of completion of any prescribed recommendation, at the student's expense.  This student will become eligible to participate in athletic activities ten (10) calendar days from the date of the student's obtaining an assessment and enrollment in a drug counseling/education program and written notification to the Superintendent/designee of a negative drug test taken after the self-referral from a laboratory selected by the Superintendent and approved by the School Board, at the student's expense.

Failure to enroll and complete the mandatory counseling/ education program within the time period set by the substance abuse counselor, will be treated as a confirmed positive result.

FINANCIAL RESPONSIBILITY

All costs associated with the administration of the drug testing program shall be the sole and exclusive responsibility of the Cameron Parish School Board, except as noted herein. However, any evaluation or drug counseling which may be mandated as a result of positive tests shall not, under any circumstances, be the responsibility of the Cameron Parish School Board.

OTHER MATTERS

The parent(s) or guardian(s), and athlete shall release the Cameron Parish School Board, its members (both individually and in their official capacity) as well as any employee, teacher, principal or other school administrator or personnel from any and all liability in connection with this Drug Testing Program Policy, the administration of the testing procedures and/or test results, any warranties addressing the accuracy of said tests and any and all medical or laboratory procedures employed by the referring laboratory.

It is expressly understood that the Cameron Parish School Board assumes no responsibility for the diagnosis or treatment of any condition/disease that may become known as a result of the drug testing program.

TERMINOLOGY

Athlete:  is a student is who participates in a Louisiana High School Athletic Association (LHSAA) sanctioned sport.

Random Testing:  Twenty-five percent of athletes at each school will be randomly tested during the year.

Certified Laboratory:  A Laboratory State or NIDA Certified.

Consent Form:  It is mandatory that each student participating in athletic activities shall sign the Substance Abuse\Misuse Contract and consent form and obtain the written consent of their parent/guardian permitting the required drug test.  By submitting this drug test consent form, the parent/guardian and student consent to the administration of the drug test and waive any claim of invasion of privacy or any objection to action which may be taken in the implementation of this drug testing program or any liability as outlined in the Cameron Parish Schools' drug testing program for athletes.  Refusal to sign this form or to submit to the test shall result in nonparticipation in athletic activities offered by the school system.

Ref:    La. Rev. Stat. Ann. §§17:81, 40:961, 49:1111

Vernonia School District 47J v. Acton, 515 U.S. 646 (1995)

Official Handbook, Louisiana High School Athletic Association

Board minutes, 12-20-99

Cameron Parish School Board