5531 RANDOM ALCOHOL AND DRUG-TESTING POLICY
Testing Coordinator
The Assistant Principal or administrative designee will coordinate and supervise the testing program at both High Schools.
Eligibility for Testing
North Hunterdon-Voorhees Regional High School District students participating in athletics, extra-curricular activities not required by the Board of Education for graduation, volunteers to the random alcohol and drug testing program, or those students possessing an on campus parking permit will be eligible for random drug testing (the “Testing Pool”).
Students become eligible upon submission of a consent form. Student athletes must submit a consent form on or before on the first day they participate in a practice. Students involved in extracurricular activities must submit a consent form by no later than their attendance at a second meeting and students with parking permits for on-campus parking will submit a consent form before the first day of parking.
Students remain eligible for random drug testing from the date the consent form is turned in throughout the remainder of the school year whether or not they have been previously tested or are currently participating in athletics or extra-curricular activity at the time they might be randomly selected for a drug test. In the event that a student eligible for random alcohol and drug testing ceases to participate or withdraws from an athletic team, extra-curricular activity, or student parking, he or she has the opportunity to submit to the Assistant Principal or administrative designee an Activity Drop Form. In order for a student’s withdrawal to be effective and thereby remove him or her from the Testing Pool, the student’s Activity Drop Form must be signed by both the student and a parent/guardian.
The District will test no more than 20% of the total number of students in the Testing Pool annually.
For what Substances will Students be tested?
In administering the Program, the District will test for the presence of certain substances that may include, but not limited to, the following substances or their metabolites: alcohol, marijuana (THC), opiates, cocaine, methamphetamines, anabolic steroids and phencyclidine (a/k/a PCP), MDMA (a/k/a) Ecstasy, and/or any other substance defined as a “controlled substance” by either New Jersey or Federal law.
Selection of Students for Testing
A confidential testing schedule will be created by the administrations of the High Schools prior to the initiation of the Program to ensure that testing of eligible students is conducted in a manner that is random. Testing will only occur on student contact days during the academic year.
Selection of eligible students for testing will be conducted in a purely and entirely random basis, which will be carried out as follows:
- The Testing Coordinator or designee will assign a number to each student eligible for testing.
- The Testing Coordinator or designee will receive a list of numbers to be tested. These numbers will be a set number of students, based on the size of the testing pool of the eligible students, who are randomly selected through a computer program designed for this purpose.
- The Assistant Principal or administrative designee will notify the individual(s) selected for testing (the “Participant”) (in person) and escort the Participant to the location designated by his or her respective High School as the location for testing (the “Testing Site”).
- The Testing Site will be at the Participant’s respective High School in an area that has a secured bathroom which will maximize privacy of the Participant.
- Alternate student selections will be made in the event of student absence.
- The names and/or any other personally identifiable information of the Participants will remain confidential.
Administering the Test
The testing shall be conducted by the school physician, school nurse or a physician, laboratory or health care facility designated by the Board of Education (“approved outside agency”). All aspects of the Program, including the taking of specimens, will be conducted so as to safeguard any and all the personal and/or privacy rights of the Participant to the maximum extent possible. The Policy treats a Participant’s test result as a confidential health record pursuant to both federal and state regulations. 42 C.F.R. 2.1 and 2.2; N.J.A.C. 6A: 16-1.5. As such, any information obtained by the Program which would identify the Participant as a drug or alcohol user may be disclosed only for those purposes and under those conditions permitted by federal regulations in accordance with 42 C.F.R. – Part II. No testing record of any Participant will be used to initiate or substantiate any criminal charges against a Participant or to conduct any investigation of him or her, and the District will not share Participants’ individual test results with law enforcement authorities.
Any information transmitted to an approved outside collection agency for testing or processing will not contain any personally identifiable information of the Participant. The approved outside collection agency will oversee the collection of specimens in accordance with federal Substance Abuse and Mental Health Services Administration (SAMHSA) standards.
The approved outside agency will collect specimens from the selected students and forward the specimens to a licensed laboratory for testing. Any information transmitted from an approved outside collection agency to a licensed laboratory for testing or processing will not contain any personally identifiable information of the Participant. The agency may conduct an initial on-site test on the specimen before sending the specimen to the laboratory.
The Participant shall complete a specimen control form which bears an assigned identification number. This identification number shall be the means for identifying the specimens by all laboratory personnel. Only the designated school personnel shall know the assigned number for each Participant.
The Participant shall submit a saliva, urine and/or breath specimen according the North Hunterdon-Voorhees Regional High School District Random Alcohol and Drug Testing Written Consent Form.
Specimens will be kept by the testing facility for at least ninety (90) days pending a request for retesting of a specimen, if any.
Any Participant unable to produce an adequate specimen during the collection period will be recalled for testing.
Any attempt by a Participant to tamper with the specimen collection process will deem and constitute the specimen as positive.
All efforts will be made to minimize the instructional impact of testing and to maintain the confidentiality and privacy rights of Participants. All urine testing will be conducted in a closed-door restroom without direct observation by adult monitors.
Notification of Testing & Testing Results
- Students participating in District athletic programs, extra-curricular activities not required by the Board for graduation, volunteers to the random alcohol and drug testing program, or students who possess a District parking permit for on-campus parking are required to complete the North Hunterdon-Voorhees Regional High School District Random Drug Testing Program Consent Form (the “Consent Form”).
- The parent(s) or guardian(s) of students selected for testing will be notified (via phone call or message) on the day of testing.
- Where a Participant tests positive, the Participant’s parent(s) or guardian(s) will be contacted directly by a Medical Review Officer (MRO) to conduct a consultation. The consultation will address the reasons for the positive test and a decision will be made by the MRO regarding the legitimacy, validity, or accuracy of a positive test. The MRO will determine if that substance has been taken pursuant to a legal prescription.
- Results of student tests confirmed by the MRO will be provided to the Superintendent or designee within twenty-four (24) hours of the MRO’s consultation with the Participant and his or her parent(s) or guardian(s).
- Participant test results will be kept in confidential files separate and apart from his or her other educational records, and shall be disclosed only to those personnel who have a need to be informed regarding the result of the test in order to implement or to oversee implementation of the Program or the consequences for violating the Policy. Student drug testing information resulting from the Program will not be turned over to any law enforcement authorities except under circumstances in which the District is legally compelled to surrender or disclose such test results. N.J.A.C. 6A:16-3.2
- The District respects the privacy of its students and shall maintain confidentiality regarding any alcohol and drug testing for this Program. The results will only be released to designated district personnel. All records and subsequent actions shall be kept in a file separate from the student’s regular file. The district Personnel will not release records of drug and alcohol tests or any resulting action to anyone other that the student and/or his/her parent/guardian, except under circumstances in which the District is legally compelled to surrender or disclose this information, without written authorization from the student and/or his/her parent/guardian. In accordance with 42 C.F.R. – Part II.
Consequences
Consequences will result from the following:
- A confirmed positive alcohol or drug test;
- Refusal to participate in testing when selected; and/or
- Tampering with the specimen collection process
Students will be ineligible for participation in a district athletics program, District extra-curricular activity or parking on-campus unless they complete the North Hunterdon-Voorhees Regional High School District Random Alcohol and Drug Testing Program Consent Form.
When a Random Alcohol or Drug Test is Positive:
- The Assistant Principal will contact the parent(s) or guardian(s) to remove the student from school and make arrangements for the mandatory medical examination pursuant to N.J.S.A. 18A:40A-12 and N.J.A.C. 6A:16-4.3.
- The Participant will be removed from the athletics program and/or extracurricular activity as well as have his or her District parking permit revoked for a minimum period of two (2) weeks.
- The Participant shall have a minimum of five (5) visits with the (Student Assistant Counselor) SAC.
- The Participant shall attend four (4) out of five (5) prevention/education sessions.
- In accordance with N.J.S.A.18A:40A-12 and N.J.A.C. 6A:16-4.3, the Participant must be evaluated by a physician before returning to school and a written report must be furnished to the District certifying that substance use no longer interferes with the student’s mental or physical ability to participate in school.
- The Participant must submit a negative drug test prior to the returning to the athletics program and/or extra-curricular activity and prior to reinstatement of his or her District parking permit and privileges associated therewith.
Appeal Procedure
A Participant or his or her parent(s) or guardian(s) may request a retest of their specimen at their own expense at a laboratory approved by the District. Request must be made within forty-eight (48) hours of receiving the results of their drug test.
Issued: January 2007