Cf: IDE, IDFA
ATHLETIC AND EXTRACURRICULAR
ACTIVITY DRUG SCREENING
The Bossier Parish School Board acknowledges that student participation in extracurricular activities is a privilege afforded to eligible students on an equal opportunity basis and thus is voluntary and not required by School Board policy or state and/or federal law.
Therefore, the Bossier Parish School Board, in an effort to further protect the health and safety of student athletes, and those students participating in other extracurricular activities, and in an effort to preserve and maintain a positive learning environment, has adopted a policy for Athletic and Extracurricular Activity Drug Screening. The express purpose of this policy is (1) to help prevent students and athletes from using drugs, (2) to help protect their health and safety, (3) to provide drug users with an educational assistance program, and (4) to try to preserve and maintain a positive learning environment.
As a part of the drug screening policy, the School Board authorizes mandatory random drug testing through urinalysis, hair sample and/or any other method approved by the School Board, of students who participate in the schools' athletic programs as well as other extracurricular activities.
Prior to participating in any Louisiana High School Athletic Association (LHSAA) sanctioned sport, the student athlete and parent/guardian shall be required to sign the LHSAA Substance Abuse/Misuse Contract and Consent form. These arrangements state that all student athletes shall be subject to random drug testing. These tests shall be strictly enforced and participation shall be mandatory, since the parents/guardians have freely chosen to allow their son(s)/daughter(s) to participate in athletic programs. No athlete shall be tested unless the parent(s)/guardian(s) and the athlete sign the LHSAA Substance Abuse/Misuse Contract and Consent form giving permission to have the tests performed. Refusal to allow these tests to be administered shall immediately serve notice that the student may not participate in any interscholastic athletics.
All student athletes/extracurricular participants shall be subject to random selection and testing throughout the school year. All confirming testing shall be referred through an approved NIDA laboratory as approved by the School Board. The testing laboratory shall collect the specimen and shall handle the chain of custody and reporting of the results. Specimens shall be tested for drug use only. The tests shall ascertain if there is present any controlled substance as may be specified by the School Board or Superintendent.
All costs associated with the administration of the athletic drug testing program shall be the responsibility of the School Board. However, any evaluation or counseling services which may be mandated as a result of positive tests shall not, under any circumstances, be the responsibility of the Bossier Parish School Board.
RESULTS OF TESTS
The following procedures shall be followed upon receipt of a positive result from the drug testing described herein:
First Positive Result
After confirmation of a positive drug
screening, a student shall lose eligibility for the next two (2)
interscholastic contests or two (2) weeks of scheduled games,
whichever is longer. The student shall not be allowed
to practice during this time until a conference and an appropriate
plan of action is agreed upon and signed by all parties. This
plan may include periodic drug screening and drug education counseling
at the expense of the student/athlete.
In order for the student to re-enter an extracurricular activity, verification of negative drug screening (at student’s expense) and written confirmation that recommendations/referrals are in progress are reviewed at a conference with appropriate school personnel, parents/guardian and student.
Second Positive Result
After confirmation of a second positive
drug screening, the student shall lose eligibility from the extracurricular
activity for one (1) calendar year.
In order for the student to re-enter an extracurricular activity, he/she must voluntarily submit evidence of a negative drug screening and prove that he/she has participated in a drug treatment program and has remained drug free for the dismissed year. Evidence must include monthly negative drug screening at the expense of the student/athlete.
Third Positive Result
After confirmation of a third positive drug screening, the student shall be prohibited from participation in any extracurricular activities for the remainder of his/her high school tenure.
All test results shall be reported to the Superintendent or his/her designee by the Medical Review Officer (MRO). The parent(s) and/or guardian(s) of a student testing positive shall be immediately notified by the Superintendent or designee. Such notification shall be confirmed in writing. Further, the Superintendent or his/her designee shall immediately notify the principal of the student's school who will then, without delay, notify the school's athletic director or the student’s extracurricular activity sponsor. The latter shall then advise the student as soon as possible.
Any determination of a positive test and resulting penalty may be appealed by the student to an appeals committee consisting of three (3) employees selected by the Superintendent or his/her designee. The student involved shall file the appeal with the Superintendent within five (5) days of the date of appeal. Upon a proper showing, the appeal process shall include a retest of the original sample performed by or for the Bossier Parish School Board at the parent’s expense.
The Superintendent or his/her designee shall implement guidelines that ensure the fair enforcement of this policy and maintain strict confidentiality. The drug testing guidelines established herein are to be employed in conjunction with and in addition to other School Board policies which prescribe penalties for the possession of, use of, consumption of, being under the influence of, and/or distribution of illegal or prohibited substances on school grounds or at any school related functions.
All drug tests shall be considered confidential information and handled accordingly. Information regarding a student’s test shall be released only under the following conditions:
a student involved in extracurricular activities tested positive on
a drug test shall be immediately communicated by the MRO to the designated
Bossier Parish School Board administrator. The designated
School Board administrator shall inform only the school principal,
the sponsor of the extracurricular program, and the student’s parents
of the positive tests results, and/or;
Information that must be released due to a subpoena or judicial order.
The parent(s) or guardians) and the student shall release the Bossier Parish School Board, its members (both individually and in their official capacity), the Bossier Parish School District, as well as any employee, teacher, principal or other school administrator or personnel from any liability in connection with this 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 Bossier Parish School Board assumes no responsibility for the diagnosis or treatment of any disease or condition that may become known as a result of any laboratory test(s) conducted in the implementation of this drug testing program.
It is imperative
to note that these procedures are only to be used for the appearance
of a non-apparent controlled substance. Consequently, if
a student athlete or extracurricular activity participant is apprehended
by anyone as a result of being in illegal possession of alcohol and/or
a controlled substance, or banned substances, the regular school and
School Board disciplinary policies shall apply.
Additionally, students involved in extracurricular activities shall also be subject to reasonable suspicion drug testing when two (2) or more School Board employees believe, due to contemporaneous physical, behavioral, or performance indicators, that the student may be using drugs or is otherwise in violation of School Board policies. Immediate notification of the principal shall be made.
participant shall not have a right to a hearing since athletics and
extracurricular activities are not an integral part of the school
and School Board curriculum.
If a student is/has
been taking medication, he/she shall indicate this prior to the administration
of the test and shall identify the prescribing physician and medications.
The principal of each school shall be required to have a properly signatured consent form on file for every student that shall participate in any athletic or extracurricular program or activity for inclusion in the drug-testing program.
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
Bossier Parish School Board