FILE:  IDDGA

Cf:  IDFA-R

DRUG TESTING FOR ALTERNATIVE SCHOOL STUDENTS

The Iberville Parish School Board's main purpose is not to invade the privacy of the student but rather its intent is to identify a health or controlled substance dependence which by its very nature would be counter productive to the safety of the student at the Optional Education Center, and his/her companions.

The drug testing program delineated herein is not adopted as a punitive measure.  All students enrolled at the Optional Education Center are subject to the drug testing procedures herein specified.  Therefore, the Iberville Parish School Board hereby publicly declares that the administration of drug testing to these students is not and should not be construed as being premised upon suspicion that a particular student is under the influence of any drugs.  This program is a mandatory condition for enrollment at the Optional Education Center.  The test at issue here is only for drugs and not any other health related condition that students may exhibit.

All Optional Education Center students will be subject to random drug testing throughout the school year.  Random testing will be scheduled by a professional laboratory that will collect and analyze urine specimens.  The student's confidentiality will be protected at all times.  Students will be identified by their social security numbers.  No identifying names will be used in correspondence with the lab.

The urine specimen will be taken to ascertain if there is present any controlled substance which by its very nature will endanger the student, and/or others.

Each specimen will be analyzed for the presence of, but not limited to, following compounds:

These tests will be strictly enforced and participation will be mandatory, since the parents/guardians have, as part of the enrollment agreement, agreed to allow their children to be tested.  Refusal to allow these tests to be administered will immediately serve as notice that the student has broken the contract of enrollment at the Optional Education Center, and is therefore subject to dismissal.

All costs associated with the administration of this drug testing program shall be the sole and exclusive responsibility of the Iberville Parish School Board.  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 Iberville Parish School Board.

The following procedures shall be followed upon receipt of a positive result from the drug testing described herein:

All test results shall be received and reviewed by only the Superintendent of Schools or his/her designee.  The parent(s) and/or guardian(s) shall be immediately notified by the responsible person.  Such notification shall be confirmed in writing.  Confidentiality of the test results shall be maintained at all times.

Under no circumstances shall any law enforcement personnel be notified in case of positive test results, unless such notification is in the terms of the student's probation (if any).  All test results shall be for school related purposes and addressed in accordance with the terms, provisions, and conditions specified herein.

A student or his/her parent(s) or guardian(s) may request a verification test from the specified testing agency, the cost of which shall be borne by the student and parent(s) and/or guardian(s), and shall be a test of the same specimen.  However, should the student request a verification test from another laboratory or testing agency, the cost of the verification test shall be the responsibility of the student and his/her parent(s) and/or guardian(s) and shall be administered by a laboratory or testing agency approved by the Iberville Parish School Board. Further, the verification test must be of the same specimen previously tested.  Moreover, the verification test shall be administered in accordance with the terms, conditions, and provisions of this drug testing policy.  Verification of test results will act as the only appeal to the conditions set forth in this policy.

The Superintendent or his/her designee shall implement guidelines that ensure the fair enforcement of this policy, and maintain confidentiality.

This drug testing policy has not been adopted in lieu of other drug policies or search and seizure regulations previously adopted by the Iberville Parish School Board or enacted by law.  Rather, 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 school related functions.

The parent(s) or guardian(s) and the student shall release the Iberville 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 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 the Iberville 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.

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

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

Board minutes, 10-25-99

Iberville Parish School Board