FILE: IDFAA
ATHLETIC AND EXTRACURRICULAR
ACTIVITY DRUG SCREENING
The Orleans Parish School Board acknowledges that extracurricular activities are not a required activity of the educational process in Louisiana. Therefore, student participation is not an absolute right but 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 Orleans Parish School Board, in an effort to further protect the health and safety of student athletes, and in an effort to preserve and maintain a positive learning environment, has adopted this policy for Athletic and Extracurricular Activity Drug Screening. The express purpose of this policy is (1) to help prevent student 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 for the children who have been committed to the temporary custody of the state as schoolmaster.
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 Superintendent of students who participate in the schools' athletic programs as well as other extracurricular activities.
PROCEDURES
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 shall be subject to random selection and testing throughout the school year. All confirming testing shall be referred through an approved NIDA laboratory. 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 Orleans Parish School Board.
RESULTS OF TESTS
The following procedures shall be followed upon receipt of a positive result from the drug testing described herein:
Both the individual who has tested positive and his/her parents/guardians shall be immediately notified. The student/athlete shall be excluded from participation in interscholastic athletics or extracurricular activities for a period of six (6) weeks. The student shall submit to drug evaluation in an effort to determine the necessity of drug counseling and/or treatment, which, if needed shall be at his/her expense. At the end of the 6-week suspension from athletic/extracurricular participation, the student may return to any school athletic/extracurricular program if he/she submits to another drug test and submits written evidence that the test was negative. This test must be performed at a certified laboratory or testing agency approved by the Orleans Parish School Board, but at the expense of the student and his/her parent(s) or guardian(s).
A second positive test result shall result in the student being excluded from participation in all interscholastic athletics or extracurricular activities for a period of twelve (12) months. A third positive test result shall result in the student being excluded from participation in all extracurricular activities for the remainder of his/her high school career.
All test results shall be received by the Superintendent or his/her designee. The parent(s) and/or guardian(s) of a student testing positive shall be immediately notified by the responsible person and/or medical review officer. 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.
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) or guardian(s), and shall be a test of the same specimen. 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) or guardians(s), and shall be administered by a laboratory or testing agency approved by the Orleans 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 shall act as the only appeal to the conditions set forth in this policy.
OTHER GUIDELINES
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.
CONFIDENTIALITY
All drug tests shall be considered confidential information and handled accordingly. Parents of students whose tests yield a positive result shall meet immediately with the principal. The results of a positive drug screen are not to be disclosed to law enforcement officers.
PARENTAL RELEASE
The parent(s) or guardians) and the student shall release the Orleans Parish School Board, its members (both individually and in their official capacity), the Orleans 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 the Orleans 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.
ADDITIONAL PROVISIONS
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.
The athlete/extracurricular participant shall not be entitled 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 signed consent form on file before any student 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, 40:962, 40:963, 40:964, 40:967, 40:968, 40:969, 40:970, 40:971, 40:971.1, 49:1111
Vernonia School District 47J v. Acton, 515 U.S. 646 (1995)
Official Handbook, Louisiana High School Athletic Association
Orleans Parish School Board