Random Drug Testing

The Pamlico County Board of Education strongly believes that drug and substance abuse can be
detrimental to the physical and emotional health and the academic performance of its students. It is
from this belief and out of concern for students’ well- being that a random drug-testing program is
initiated in the Pamlico County Schools. The purpose of this drug testing program is to help students,
not to be punitive. Therefore:
  • A positive test will not result in suspension from school or notification to legal authorities.
  • A first positive test will be reported only to the principal andparents.
  • A student shall not be subject to suspension from school solely as a result of a random drug
    test unless the student is in violation of other portions of the Pamlico County Schools’ Student
    Code of Conduct.
FINDINGS

The Pamlico County Board of Education enacts this drug testing policy based on the following
findings:
  1. Drug and substance abuse by students is a serious problem throughout the nation.
  2. There is a substantial problem of alcohol and drug abuse among Pamlico County
    students.
  3. The primary responsibility for addressing substance abuse by students rests with
    parents.
  4. The school system and the community at large also have a responsibility for
    addressing substance abuse by students.
  5. The Pamlico County Board of Education has implemented various prevention
    education and intervention programs to reduce substance abuse among Pamlico
    County students and is committed to addressing the substance abuse problem head-on
    rather than ignoring it.
  6. The U.S. Supreme Court has authorized the use of random drug testing of students
    who elect to participate in voluntary school activities that are privileges rather than
    rights.
  7. An increasing number of school districts in North Carolina and across the country
    have enacted random drug testing policies.
  8. School districts that have enacted random drug testing policies report positive results
    in reducing drug use, reducing discipline problems, and in fostering a school culture
    that resists drug abuse.
  9. Students who participate in athletics and other voluntary extracurricular activities are
    representatives of the school system and are often role models for other students.
  10. Students who voluntarily choose to drive to and from school are permitted to park on
    campus as a privilege. The school district has a particular interest in assuring the
    safety of these drivers and campus parking lots.
  11. Students participating in driver education classes are subject to this policy. Driver
    education classes are not part of the school curriculum and are not required tomeet
    graduation requirements.
  12. A random drug testing policy of students engaged in voluntary school activities is
    likely to be an effective tool in reducing substance abuse.
GOALS OF RANDOM DRUG TESTING PROGRAM

The random drug testing program is not intended to punish students, but to help them. Goals of the
random drug testing program are:
  1. To educate students about the dangers and problems associated with drug use/abuse;
  2. To deter drug use/abuse by students;
  3. To identify students participating in extracurricular activities, driving to school or
    taking driver education classes who may be abusing drugs and to determine the
    identity of the drug(s);
  4. To provide information to parents so that parents can take appropriate steps at the
    family level;
  5. To motivate students to resist negative peer pressure;
  6. To provide opportunities for counseling and treatment for any student who is
    determined to be using/abusing drugs;
  7. To help ensure the safety of students who participate in athletics, extracurricular
    activities or who have driving privileges;
  8. To remove the stigma of drug use/abuse from those students who do not use drugs;
  9. To develop a drug-free program that produces students who can serve as role models
    and influence their peers to lead healthy and responsible lives; and
  10. To complement the school system’s overall drug education program...
 STUDENTS SUBJECT TO RANDOM DRUG TESTING PROGRAM
 
  1. All students in grades 7-12 who desire to participate in any of the following voluntary school
    activities or privileges must agree to participate in the random drug testing program:
    • Interscholastic athletics;
    • Other voluntary extracurricular activities;
    • Campus driving and parking privileges; and
    • Driver education classes.
  2. Participation in the random drug testing program is mandatory only for students who elect to
    participate in the above voluntary activities, which are a privilege not a right. Participation in the
    random drug testing program shall not be required as a condition of attending school or enrolling
    in any for-credit class. However, every student enrolled in the Pamlico County Schools is subject
    to Board Policy 6401, Code of Student Conduct.
  3. Any parent of a student in grades 7-12 has the opportunity to consent to the student voluntarily
    participating in the random drug testing program, whether or not the student is a participant in any
    of the privileged activities listed above. The same procedures will apply, as outlined in this
    policy, for all students participating in random drug testing.
  4. The student and parent/guardian will be required to sign a Drug Testing Consent Form (RDT
    Form 1). The parent/guardian shall be given a copy of the signed Consent Form and this random
    drug testing policy. The original Consent Form shall be kept in the student’s official file.
  5. Students who desire to participate in the voluntary activities or privileges covered by this program
    shall sign the Consent Form (RDT Form 1), prior to fall athletic practice, at the beginning of the
    school year, or as soon thereafter as practicable. The Consent Form will authorize random drug
    testing for the student’s entire school career.
  6. A signed Consent Form may be revoked by a signed letter requesting withdrawal from the
    Random Drug Testing program. A student who withdraws from the Random Drug Testing
    program will no longer be subject to random drug testing and will not be eligible for participation
    in the voluntary activities or privileges covered by this policy for a period of 365 days from the
    date of withdrawal.
IMPLEMENTATION
  1. Key Implementation Roles
    1. The Random Drug Testing Agency, using the data provided by the district, will
      generate a list of students eligible for testing. The names of the students selected for
      testing will be returned to the pool of students and may be selected again.
    2. Test Administrator. The drug testing samples will be taken by a Testing Administrator
      who shall be trained, qualified, and experienced in administrating urine drug testing
      and acquiring samples. This person will be from the Testing Agency or from the local
      Health Department.
    3. Testing Agency. The testing agency will provide testing kits for implementation of the
      drug testing program. The testing agency will be an independent agency or entity and
      under contract with the Board of Education. This agency will also confirm positive
      samples taken at the school site.
    4. Medical Review Officer (MRO). The contracted Testing Agency shall employ or
      provide by subcontract a licensed physician as a Medical Review Officer.
    5. Superintendent’s Designee. The Superintendent may designate an employee of the
      school district to coordinate the district's drug testing program.
    6. Certified Substance Abuse Professional. Certified substance abuse professionals
      whose professional credentials are acceptable to the Superintendent or designee shall
      conduct substance abuse assessment and counseling services.
  2. Role of school system employees. Pamlico County Schools’ personnel shall not assist with
    the actual testing or physical collection of the samples and shall have no access to the test
    samples. These functions will be carried out by the Testing Administrator. School system
    employees will be expected to call students from class and assist with coordinating testing as
    needed.
  3. Random Selection. Eligible students will be randomly selected for testing by the Testing
    Agency using the following process:
    • The Superintendent or designee shall maintain a list of all eligible students who have signed
      Consent Forms. The list shall be updated prior to each testing date.
    • Each eligible student on the list shall be identified using the students’ school number.
    • The Superintendent or designee shall provide the Testing Agency with a list of the students’
      numbers, categorized by school.
    • Prior to each testing date, the Superintendent or designee will notify the contracted Testing
      Agency as to what number or percentage of students will be tested.
    • The contracted Testing Agency shall randomly generate a list of student numbers representing
      students to be tested. Students who were absent on a testing date, after their previous selection
      under this random selection process, shall be added to the next randomly generated list. The
      list shall be provided to the Superintendent or designee.
    • The Superintendent or designee will notify each school which students are to be tested.
    • Selected students shall be pulled from class for testing on testing day. There shall be no
      advance notification of which students will be tested.
    • Documentation of the selection process shall be maintained.
  4. Absences. A student who is absent on the day of a test shall be excused from testing, but hall
    be added to the sample to be tested on the next testing date. However, a student who is present
    at school on the day of testing and avoids testing by leaving campus (or cutting class) without
    a valid excuse for that day shall be considered as having refused to be tested.
  5. Refusal to Test. The refusal to be tested is a breach of the agreement to be subject to random
    drug testing as described in section III, 1. Upon refusal to be tested, the student shall be
    subject to the same consequences as a positive test.
  6. Tampering with a Test. An attempt to alter, substitute, adulterate, or otherwise tamper with a
    test sample, shall result in the same consequences as a positive test.
  7. Frequency of Tests. Random drug testing will be conducted at least four times during the
    academic year. The dates of testing will not be publicized in advance.
  8. Location of Tests. To the extent possible, the testing will occur at the middle and the high
    school on the same dates.
  9. Number of students tested. Approximately fifty percent (50%) of eligible students in grades
    7-12 will be tested in the course of a year. The Superintendent shall determine what number
    or percentage of eligible students are to be tested.
  10. Urine tests. Testing will be by urine specimen.
  11. Confidentiality. All test results will be strictly confidential, Including the maintenance of the
    sample throughout the collection and testing process. All reported results will be maintained
    by the Superintendent or designee in a locked file cabinet. Disclosure of test results will be
    limited to those who have a need to know in order to implement this policy. When under this
    policy a student becomes ineligible to participate in any voluntary activity, the principal shall
    inform the particular coach, teacher, or sponsor (or administrator for parking permits) that the
    student is ineligible
SUBSTANCES TESTED FOR

Substances for which students will be tested shall include:
  • Alcohol
  • Amphetamines
  • Anabolic Steroids
  • Barbiturates
  • Benzodiazepines
  • Cocaine Metabolites
  • LSD
  • Marijuana Metabolites
  • Methadone
  • MDMA (Ecstasy)
  • Nicotine
  • Opiates
  • Phencyclidine
  • Propoxyphene
  • Synthetic Cannibinoids
 
At the recommendation of the contracted Testing Agency and determination by the Superintendent,
students may be tested for other or additional substances for which use by a minor is illegal.
CONSEQUENCES OF POSITIVE TESTS
 
 
  1. First Positive Test:
    1. The student and student’s parent/guardian are notified by the Principal.
    2. As a result of the first positive test, the student is ineligible to participate in any of the
      voluntary activities covered by this policy (interscholastic athletics, other
      extracurricular activities, parking privileges and driver education classes) until the
      student is enrolled in a substance abuse treatment program approved by the
      Superintendent.
    3. The Principal shall provide the parent/guardian a list of resources for substance abuse
      assessment and intervention in the Pamlico County area.
    4. The parent/guardian is encouraged to actively seek assistance for the student.
    5. The student is subject to a mandatory retest after 30 days but within 90 days of the
      first positive test. The student will be identified by the Testing Agency for retesting on
      a regularly scheduled test date.
    6. Failure to complete the programs will result in a 365-day extracurricular activity
      suspension, ineligibility, loss of driving privileges, and/or removal from driver
      education classes.
    7. Whenever a student’s test result indicates the presence of illegal drugs or banned
      substances or adulteration, the following will occur after notification of the parent:
      1. The building principal, within 24 hours, will notify the
        parent/guardian/custodian first, then the student and designated official of any
        positive results. A written notification from the building principal, by form
        letter, will be sent to the parent/guardian/custodian by certified mail. The
        building principal may keep all test results for up to one year.
      2. If the parent/guardian/custodian or student wishes to contest the results, the
        vendor will arrange for the split portion of the specimen to be submitted to
        another laboratory approved by the Board of Education for reconfirmation.
        This is done at the parent/guardian/custodian or students expense. Such a
        request must be made to the building principal in writing within five working
        days from first notification of positive test results.
      3. The MRO may use quantitative results to determine if positive results on
        repeat testing indicate recent use of illicit or banned substances or the natural
        decline of levels of the illicit or banned substance from the body. If the MRO
        feels the quantitative levels determined to be above the established cutoffs do
        not reflect current use but natural decay, then a negative result may be
        reported.
  2. Second Positive Test:
    1. Upon a second positive test at any time during the student’s school career, the
      contracted MRO/Testing Agency shall notify the Superintendent or designee.
    2. A conference will be scheduled between the school principal, the student, and the
      student’s parent/guardian.
    3. The student is ineligible to participate in the voluntary activities covered by this policy
      (interscholastic athletics, other extracurricular activities, parking privileges and driver
      education classes) for 365 calendar days unless the student regains eligibility earlier,
      as provided below.
    4. The student may regain eligibility prior to 365 calendar days upon compliance with all
      of the following requirements:
      1. Eligibility to participate in school activities as noted in paragraph III. 1 may be restored if the student and the student’s parent or guardian successfully
        completes a prior approved drug abuse and/or intervention program at the
        student/parent’s expense. The program selected by the parent or student must
        have prior approval from Pamlico County Schools. Upon completion of an
        approved program, the student shall regain eligibility to participate in athletics,
        extracurricular groups, operating/parking a motor vehicle on campus and
        participating in driver education classes.
      2. The student shall satisfy the substance abuse assessment/counseling requirement of Section VII below. For a second positive test, the student is considered in compliance once he or she has completed the substance abuse assessment and any recommended counseling or treatment program.
      3. The parent/guardian shall supply to the Principal a certification of completion
        from the student’s physician or counseling agency.
      4. A student shall test “negative” on a retest prior to regaining eligibility. This retest may be the mandatory retest or may be a privately arranged test by a licensed drug testing agency acceptable to the Superintendent or designee. A privately arranged drug test shall be at the expense of the parent/guardian.
    5. The student will be subject to a mandatory retest after 30 days but within 90 calendar days of the second positive test.
    6. Whenever a student’s test result indicates the presence of illegal drugs or banned substances or adulteration, the following will occur after notification of the parent:
      1. The building principal, within 24 hours, will notify the parent/guardian/custodian first, then the student and designated official of any positive results. A written notification from the building principal, by form letter, will be sent to the parent/guardian/custodian by certified mail. The building principal may keep all test results for up to one year.
      2. If the parent/guardian/custodian or student wishes to contest the results, the vendor will arrange for the split portion of the specimen to be submitted to another laboratory approved by the Board of Education for reconfirmation. This is done at the parent/guardian/custodian or students expense. Such a request must be made to the building principal in writing within five working days from first notification of positive test results.
      3. The MRO may use quantitative results to determine if positive results on repeat testing indicate recent use of illicit or banned substances or the natural decline of levels of the illicit or banned substance from the body. If the MRO feels the quantitative levels determined to be above the established cutoffs do not reflect current use but natural decay, then a negative result may be reported.
  3. Third Positive Test:
    1. Upon a student’s third positive test any time during the student’s school career,the
      Superintendent or designee shall notify the Principal.
    2. A conference will be scheduled between the student’s parents, the student, and school
      principal.
    3. The student will be ineligible to participate in the voluntary activities covered by this
      policy for at least 365 calendar days.
    4. The student may regain eligibility after 365 calendar days, upon compliance with all
      of the following requirements:
      • The student shall satisfy the substance abuse assessment/counseling requirement of
        Section VII below.
      • The student will be subject to a mandatory retest before regaining eligibility.
      • The parent/guardian shall supply to the Principal a certification from the student’s
        physician, and/or counseling agency.
    5. Whenever a student’s test result indicates the presence of illegal drugs or banned
      substances or adulteration, the following will occur after notification of the parent:
      1. The building principal, within 24 hours, will notify the
        parent/guardian/custodian first, then the student and designated official of any
        positive results. A written notification from the building principal, by form
        letter, will be sent to the parent/guardian/custodian by certified mail. The
        building principal may keep all test results for up to one year.
      2. If the parent/guardian/custodian or student wishes to contest the results, the
        vendor will arrange for the split portion of the specimen to be submitted to
        another laboratory approved by the Board of Education for reconfirmation.
        This is done at the parent/guardian/custodian or students expense. Such a
        request must be made to the building principal in writing within five working
        days from first notification of positive test results.
      3. The MRO may use quantitative results to determine if positive results on
        repeat testing indicate recent use of illicit or banned substances or the natural
        decline of levels of the illicit or banned substance from the body. If the MRO
        feels the quantitative levels determined to be above the established cutoffs do not reflect current use but natural decay, then a negative result may be reported.
SUBSTANCE ABUSE ASSESSMENT/COUNSELING REQUIREMENT

Whenever a student is required to satisfy the substance abuse assessment/counseling requirement of
this policy, the student shall:
  1. Undergo a substance abuse assessment by a licensed/certified substance abuse
    professional acceptable to the Superintendent or designee.
  2. Provide the school principal with written certification by the licensed/certified
    substance abuse professional that the substance abuse assessment has been completed.
  3. Undergo counseling/treatment or other intervention, if any, as recommended by the
    licensed/certified substance abuse professional. The Board of Education will not
    specify requirements of any such counseling/treatment or intervention, as this will be
    based on the student’s individual needs. The Board of Education’s interest is that the
    student receives whatever assistance is appropriate for the particular individual.
  4. After a second positive test, eligibility may be regained after completion of the
    counseling/treatment program.
  5. After a third positive test, eligibility may be regained after 365 days when a
    licensed/certified substance abuse professional certifies that the student has
    successfully completed any recommended counseling/treatment program and the
    student has successfully passed a drug test.
  6. Failure to fully cooperate or comply with a substance abuse assessment or any
    counseling/treatment program recommended by the licensed/certified substance abuse
    professional shall make the student ineligible for participation in the voluntary
    activities covered by this policy.
TEST PROCEDURES AND SAFE GUARDS
 
  1. Lab based urine test. Testing will be by urine specimen.
  2. Screening test. The urine specimen shall be initially screened using a highly accurate
    immunoassay technique.
  3. Confirming test. If the screening test indicates the presence of a controlled substance,
    the specimen shall be subject to a confirming test by gas chromatography/mass
    spectrometer (GC/MS).
  4. Standards for positive test. The contracted Test Agency will use the standard cutoff
    scores generally used by SAMHSA (Substance Abuse and Mental Health Services
    Administration) for determining a positive test result.
  5. Use of licensed laboratory only. The contracted Testing Agency must use a laboratory
    that is appropriately licensed by SAMHSA.
  6. Expense. The expense, if any, of the assessment or counseling/treatment program shall
    be the responsibility of the parent/guardian, not the Pamlico County Schools. Grants
    may sometimes be available to defray costs.
  7. Testing Responsibilities.
    1. Respects the privacy interests of the student during collection of urine samples.
    2. Provides a secure chain of custody of each student’s urine sample.
    3. Provides for screening and confirming tests which use generally accepted
      testing procedures at an approved laboratory.
MEDICAL REVIEW OFFICER
  1. Any confirming test reported as “positive” for the presence of a tested substance shall
    be reported to the MRO.
  2. The MRO shall notify the Superintendent of the test results and provide an opportunity
    to present information, such as the documented use of a prescription medication or an
    over-the-counter drug, which would render an apparent “positive” result invalid or
    “negative.”
  3. Failure or refusal of the student or the student’s parent/guardian to cooperate with the
    MRO shall constitute a refusal to test.
  4. If the MRO determines that an apparent “positive” test result is the result of a lawful
    use of a prescription or non-prescription drug, the test result shall be considered as
    “negative.”
  5. If the MRO determines that the test results are valid and positive, the MRO shall
    inform the Superintendent of this determination
METHOD OF COLLECTION OF URINE SAMPLES

The following procedures shall be used for the collection of urine specimens at the individual
schools.
  1. Selected Students are escorted from class to the collection site. A specimen of urine is
    collected following this process:
    1. No purses, bags or containers may be taken into the collection area with the
      student. All extra coats, vests, jackets, sweaters, etc., are to be removed before
      entering the collection area.
    2. The collector adds a blueing agent (food coloring) to the water in the urinal or
      toilet.
    3. Student is asked to rinse their hands and dry them. If no water is easily
      accessible, a non-alcoholic wipe may be used instead.
    4. The drug testing custody and control form is completed by the student and
      collector.
    5. The student is told to urinate directly into the provided container and should
      provide a sufficient amount of urine (at least 45ml) in one attempt. The student
      is also told they are to hand the container of urine to the collector.
    6. The student enters a closed stall to collect the specimen and then handsthe
      container to the collector.
    7. The collector checks the volume, reads and records the temperature within four
      minutes of collection, and looks for evidence of tampering.
    8. If tampering is suspected, a second specimen will be requested. A second
      suspected tampered specimen will be considered refusal to test and the
      Designated Official notified.
    9. With the student watching, the collector will pour the specimen into the two
      bottles and recap the specimen bottlestightly.
    10. The collector takes the bottle seals and places them over the caps and sides of
      the bottles and ensures they are properly signed and initialed.
    11. The sealed bottles are placed inside the transport bag
    12. The top lab copies of the drug testing custody and control form are foldedwith
      the top portion visible to the outside and placed in the Requisition Pouch. The
      transport bag and pouch are sealed as indicated. The student completes the
      COC and is given the donor copy of the form.
    13. The Student may wash their hands and is then sent back to class.
    14. The collector distributes the remaining copies of the form as required, being
      responsible for getting the appropriate copy of the form to the MRO in a timely
      manner.
    15. The Designated Official will be notified immediately of any studentwho
      refuses to give a urine sample or is suspected of adulteration.
  2. Refusal or Inability to Provide Sample. The Testing Administrator shall implement
    appropriate procedures for use in the event a student refuses to provide a sample or
    states that he/she is physically unable to provide a sample. A refusal to provide a
    sample will be treated as a breach of the agreement to be subject to random drug
    testing as described in section III, 1. Upon refusal to be tested, the student shall be
    subject to the same consequences as a positive test
EVALUATION AND REVIEW OF POLICY

The Testing Administrator shall provide periodic statistical reports (without identifying students’
names) to the Superintendent’s designee, indicating the numbers of students tested and the numbers
of first, second and third positive test results, by substance and by school. The Superintendent will
make an annual report to the Board of Education regarding the impact of this policy.