| Drug and Alcohol Testing of Student Athletes |
Findings and Purpose.-- Although the School Board desires that no student use or possess alcohol and illegal or performance enhancing drugs, we recognize that a number of students in the School District and throughout our nation are involved in the illegal use of drugs and alcohol. Such illegal use of drugs and alcohol by students, during school hours and at other times, continues to have a direct detrimental impact upon students' behavior, academic performance and safety and may cause permanent physical and mental harm. The School Board also finds that some students who participate in interscholastic athletics and who are popular role models among their peers at school are also involved in the illegal use of drugs and alcohol. Student athletes involved in such conduct will also experience other harmful affects including but not limited to: interference with athletic and academic performances, which affects athletic eligibility; increased risk of injury to themselves and to their teammates, athletic opponents or others with whom they participate in athletic events; impairment of judgment; decrease of reaction time and reflexes; inability to adequately perceive pain; and reduction of motivation and level of discipline necessary to any athletic program.
State and federal laws authorize school districts to conduct drug testing of student athletes, as the participation in school-sponsored interscholastic athletics is a privilege. Students who participate in athletics are representing the school district and the community. Accordingly, students electing to participate in athletics have a responsibility to themselves, their fellow students, their parents and their school to set the highest possible example of conduct, sportsmanship, and training, which includes avoiding the use or possession of controlled substances, the unauthorized use of prescription medication and/or illegal drugs.
In order to accomplish its purposes, this Policy establishes a program of education and counseling to deter the unlawful use of alcohol and other drugs and provides for the suspension or termination of participation in interscholastic athletics when deterrence is unsuccessful. The education and counseling program shall consist of an overview of the harmful effects of drugs on student athletes, the process of interventions and the intervention services available to youth and their families in the community. To determine compliance with the Policy, a testing program is provided to identify student participants who are unlawfully using alcohol and other drugs. For these students, the Policy provides incentives for rehabilitation through possible reinstatement to the designated interscholastic athletic activity.
Based upon the above factors, the School Board has a vital interest in maintaining a positive learning environment that is safe and healthy for all of its students and to deter the illegal use of drugs and alcohol by student athletes. For the safety, health and well being of student athletes, this Policy is for all participants in interscholastic athletics in grades 9-12. The purposes of this Policy include:
to provide for the health and safety of student athletes;
to educate student athletes concerning the problems and detrimental effects of illegal drug and alcohol use;
to prevent injury, illness, and harm for student athletes that may arise as a result from illegal drug use;
to establish standards of conduct for District student athletes, with the goal of eliminating alcohol or drug use by student athletes;
to identify those student athletes who may be misusing drugs and alcohol and identify those substances being used, to encourage and facilitate appropriate intervention counseling and treatment for any identified drug and alcohol use and provide reasonable assurances that students wishing to participate in interscholastic athletics are medically and physically competent to do so;
to encourage any student athlete with a dependence on, or addiction to, alcohol or other drugs to seek help in overcoming the problem;
to work cooperatively with parents by assisting them in keeping their children free from drug and alcohol abuse; and
to protect the reputation of the school system and its students.
Applicability of Policy
This Policy applies to all students who choose to participate in interscholastic athletics in the School District.
No student shall be penalized academically for testing positive for alcohol or drugs pursuant to this Policy.
Confidentiality of the drug and alcohol test results shall be maintained at all times. Such results and information obtained in the course of administering this Policy shall not be utilized by the School District for disciplinary purposes other than as set forth in this Policy.
This Policy is not designed to be used, nor shall it voluntarily be used, in any manner to provide a source of information for law enforcement agencies or for the prosecution of the student. Without specific authorization from the student athlete or parent/guardian if the student is not of legal age, the Principal or designee shall not release test results of any student athlete to any person other than as required by law or by a lawfully issued subpoena or court order.
In order to accomplish its purposes, this Policy establishes a program of education and counseling for principals, athletic directors, coaches and student athletes to deter the illegal use of drugs and alcohol and provides for the suspension or termination of participation in interscholastic athletics when deterrence is unsuccessful. To determine compliance with this Policy, a testing program is provided to identify student athletes who are unlawfully using drugs and alcohol. For these students, the Policy provides incentives for rehabilitation through possible reinstatement to the designated interscholastic athletic activity.
Effective Date.-- This Policy shall become effective as a pilot project at the beginning of the second semester of the 2009/2010 school year and shall be initiated in Fall 2010 at all Palm Beach County public high schools with interscholastic athletics programs. All student athletes shall review an overview of the drug testing protocol prior to the initiation of the season.
Definitions.-- For purposes of this Policy, the following terms and phrases shall be defined as follows:
Alcohol means any beverage, mixture or preparation, including any medications or other products, containing alcohol or ethanol.
Chain of custody refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing for accountability at each stage in handling, testing and storing specimens and reporting test results.
Confirmation test, confirmed test, confirmed drug test means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy.
Drugs mean any substances or drugs identified in Schedules I through V of 21 United States Code Section 202 (Controlled Substances Act) and as further defined by 21 CFR 1300.11 through l300.15 and Section 893.03, Florida Statutes, and shall include, without limitation, cannabinoids (marijuana), amphetamines, benzodiazepines, ethanol (alcohol), cocaine, opiates, and Propoxyphene.
Medical Review Officer or "MRO" is a licensed physician who has agreed to provide services for the purpose of reviewing drug test results and communicating with the parents/legal guardian and the student athlete concerning any drug test result as more specifically described herein.
Parent shall mean the parent(s) or legal guardian(s) of a student athlete.
Performance-enhancing drugs include anabolic steroids and other natural or synthetic substance use to increase muscle mass, strength, endurance, speed or other athletic ability. The term does not include dietary or nutritional supplements such as vitamins, minerals and protein which can be lawfully purchased in over-the-counter transactions.
Positive test results refer to a drug test administered pursuant to this Policy will be deemed to have rendered a positive result indicating the presence of a prescription drug used without medical authorization, an illegal or performance drug as determined by an initial laboratory analysis followed by a confirmation analysis of the remaining portion of a split sample.
Random selection basis means a mechanism for selecting student athletes for drug testing that:
results in an equal probability that any student from a group of students (pool) subject to the selection mechanism will be selected, and
does not give the School District discretion to waive the selection of any student athlete selected under the mechanism.
Student athletes are any high school students enrolled in the School District who are participating in or applying for participation in any interscholastic athletic program or any student who has participated in any interscholastic athletic program during the current or during the prior school year as indicated by the Florida High School Athletic Association rolls, including practices and contests under the control and jurisdiction of the School District.
Policy. -- It is the policy of the School Board that any student who participates in interscholastic athletics shall be subject to drug testing in accordance with this Policy.
Standard of Conduct for Student Athletes.-- The use or possession of a drug, as defined herein, by a student athlete at any time is both illegal and detrimental to that student athlete's ability to participate in interscholastic athletics and is hereby prohibited. Any student athlete determined to be in violation of this Policy is subject to the intervention measures and disciplinary action related to his or her participating in interscholastic athletics, which may include suspension or removal from athletic participation as provided herein.
Student Code of Student Conduct.-- Nothing contained in this Policy for drug testing for student athletes shall be construed to limit the application and enforcement of the Student Code of Conduct, including all of its provisions pertaining to drugs and alcohol use discovered by means, observations, events or actions not administered or taken pursuant to this Policy.
Drug Testing Procedures
Consent Form.-- Each student athlete shall be provided with a copy of the "Student Athlete Drug and Alcohol Testing Consent Form" which shall be read, signed and dated by the student athlete and the parent or legal guardian before such student shall be eligible to practice or participate in any interscholastic athletics. Such consent form shall be completed by student athletic participants each school year. The consent form requires the student athlete to provide a urine sample: (a) when the student athlete is selected by the random selection basis to provide a urine sample; and (b) at any time the head coach believes there is reasonable suspicion to test for illegal or performance-enhancing drugs. No student shall be allowed to practice or participate in any extracurricular activities involving interscholastic athletics unless the student has returned the properly signed "Student Athlete Drug and Alcohol Testing Consent Form."
Orientation Session.-- Each year prior to the commencement of practice sessions for the interscholastic athletic activity, an orientation session will be held with the student athletes. The purpose of this session shall be to inform students on the physical consequences of using drugs and alcohol during athletic activity, the impact on performance and the potential physical consequences of drug and alcohol use. This orientation session shall also educate them about the Policy and the sample collection process, privacy arrangements and drug testing procedures. At such session, each student athlete shall be provided a copy of this Policy. The Department of Safe Schools in conjunction with the head coach of the interscholastic athletic activity shall be responsible for the orientation session and explaining the Policy, and for preparing an educational presentation to acquaint the student athlete with the harmful consequences of drug and alcohol use and abuse.
Random Drug Testing Process
A confidential testing schedule shall be devised by the testing coordinator approved and authorized by the School District. Drug testing of student athletes shall occur monthly throughout the school year where such athletes shall be selected at random using a numerical selection process where each student athlete's name and identity remain confidential throughout the testing and reporting of results to the school. Retesting of student athletes following a first offense or first positive drug test result shall occur as specified in paragraph (6)(g) below.
Group Size.-- A total of five (5) students from each high school shall be randomly selected for testing each month, to allow specimen collections to be carried out quickly, and to minimize the student's loss of class time during the testing process. Upon selection of the student athletes, the testing coordinator and the school administrator designated by the principal shall ensure, without exception, that the selected student athlete is tested. It shall be the responsibility of the testing coordinator and the school administrator designated by the principal to ensure that all students on the athletic activity roster have submitted the consent form.
Sample Collection Procedure.-- Those student athletes who are selected for drug testing shall be required to produce a urine sample under the supervision of such person or vendor authorized by the School District and school administrator designated by the principal in a manner which will minimize intrusiveness and embarrassment to the student athlete while also insuring that there is no tampering with the urine sample by the student athletes or others. Male student athletes shall be required to produce a urine sample at a restroom urinal while being observed from behind by a male lab technician or school administrator designated by the principal. Female student athletes shall be required to produce a urine sample while in a restroom stall while a female lab technician or female school administrator designated by the principal remains outside the stall. The monitor shall not observe the student while the specimen is being produced, but the monitor shall be present outside of the stall to guard against tampered specimens and to insure an accurate chain of custody. Each urine sample container will be checked for appropriate temperature and for any signs of tampering and will be sealed and labeled with a number or other means of identification which does not disclose the student athlete's name.
Sample Analysis Procedures.-- The sealed urine sample containers will be delivered to the testing laboratory through a verifiable chain of custody. A portion of the urine sample will then be analyzed. If that initial analysis renders a negative result, then no further analysis will be conducted. If the initial analysis renders a result, then a second analysis of the remaining portion of the urine sample will be conducted for the purpose of confirmation of the positive result. If such confirmation analysis renders a negative result, then the drug test will be deemed negative and no further analysis or action will be taken. If the confirmation analysis renders a positive result, then the drug test result will be deemed positive and a report of such results will be delivered to the Medical Review Officer bearing only a number to identify the student without the student's name appearing on that report.
Medication.-- Student athletes who test positive for drugs and who are or have been taking prescription or non-prescription medication shall disclose that fact and provide verification (as by a copy of the prescription or by a physician's written authorization) at the request of the Medical Review Officer.
Medical Review Officer's Review.-- The Medical Review Officer ("MRO") will receive all reports of positive drug test results and will be supplied with information to determine the correct name of the student athlete whose identifying number appears on each positive test result report. The MRO shall have knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate a student athlete's confirmed positive drug test result, together with his or her medical history or any other relevant biomedical information that the student athlete or his or her parents wish to provide. Prior to verifying a positive drug test result, the MRO shall contact the student athlete whose name coincides with the identifying number on the positive drug test report and that student athlete's parents to afford them the opportunity to confidentially discuss the test result with the MRO and provide the MRO with the student athlete's medical history and any other relevant biomedical information that would assist the MRO in determining whether he or she should verify the drug test result as positive or deem that result to be negative. If the MRO determines that the test result should be deemed negative, then no further action shall be taken and the student athlete's test result along with all other previous negative test results will be reported to the school principal as a negative result. If the MRO verifies that a positive drug test result as reported by the laboratory is indeed positive, then the MRO shall submit a report of that positive drug test result to the student athlete's school principal identifying that student athlete by name. If the student athlete is 18 years of age or will turn 18 years of age during the sports season, the student must agree to release all test results to the student's parent(s) or legal guardian(s).
Positive Test Conference.-- In the event of a positive test result, the principal, or designee shall schedule a conference with the student and the student's parent(s) or legal guardian(s) to discuss the test results and to advise the student athlete and parent(s) or guardian(s) of the consequences and the procedural rights under this Policy. The principal shall also provide a list of available resources within the community available at publicly funded agencies as well as a list of those medical insurance carriers providing substance abuse services. Parents have the option to choose the medical provider covered by their insurance as long as that provider is licensed by the local Substance Abuse and Mental Health office to provide such services.
Retesting. -- Retesting of student athletes who are on probation because of a previous positive drug test or other violation of this Policy shall be processed in the manner described above.
Confidentiality.-- The School District respects the privacy of its students and shall maintain confidentiality regarding any drug testing of athletes pursuant to this Policy. All tests, records and subsequent actions shall be kept by the principal, secured in a locked file and maintained separately from the student's regular educational file and in a secured area. Employees will not release records of drug tests or any resulting action to anyone other than the student and/or his or her parent or guardian without written authorization from the student and/or his or her parent or guardian. Such records and files of the student athlete shall be destroyed upon the student's graduation, or if no longer a student, upon the student's projected graduation. Information on a verified positive test will be shared with only the principal, coaches or personnel who "have a need to know" . Under no circumstances will results from a drug use test under this Policy be turned over to law enforcement authorities, absent a court order or lawfully issued subpoena.
Consequences. -- Any student athlete whose drug test administered pursuant to this Policy renders a positive test result or who otherwise violates this Policy shall be punished as follows:
First Offense or First Positive Drug Test Result.-- For a first positive drug test result, the student athlete shall be suspended for a period of ten (10) days from participation in all interscholastic athletic activities. However, the student athlete shall continue attending the school in which he or she is regularly enrolled, and, shall be allowed to resume practice and participation in interscholastic athletics under a probationary status after the ten (10) day suspension period provided the student complies with or has complied with the following conditions:
Condition 1.-- As a condition of probation the student athlete shall attend the District's Alternative to Suspension Program for Alcohol, Tobacco and Other Drugs, or elect to receive the services of an approved licensed substance abuse treatment provider approved by the Chief of Safety and Learning Environment, and licensed by the local Substance Abuse and Mental Health Office and be required to comply with all recommendations of the MRO resulting from the student's drug assessment and evaluation. Information on available resources shall be posted in the Main Office of the school, the athletic director's office, shall be included in application packet for all interscholastic athletics and shall be posted on the district's website. Upon the student's presentation of documentation that s/he has commenced the recommendations, the student athlete may return to team play if cleared by the MRO pending a second drug test. If a student terminates active participation in the recommendations, he or she is no longer eligible to participate in school athletics for the remainder of the current sports season and may not participate in any future school athletics until all recommendations are complied with and completed;
Condition 2.-- As a condition of probation the student athlete will be subject to recurring drug tests at times that would not be previously disclosed to the student athlete to deter the student athlete from committing a subsequent violation of this Policy.
Subsequent Offense or Subsequent Positive Drug Test Results.-- Upon a determination that a student athlete is guilty of a second or subsequent violation of this Policy or has a second or subsequent positive drug test result, the student athlete shall be prohibited from participation in all interscholastic athletics one full calendar year following the end of the athletic season during which the second offense or second positive drug test occurs. For example, if a basketball player has a second positive drug test result during the middle of the basketball season, he or she would be prohibited from participating in basketball and any other interscholastic athletics for the remainder of that basketball season and for one full calendar year thereafter. In addition, the student athlete must attend and complete the District's Alternative to Suspension Program for Alcohol, Tobacco and Other Drugs, the services of an approved licensed substance abuse treatment provider approved by the Chief of Safety and Learning Environment and the local Substance Abuse and Mental Health Office, and be required to comply with all recommendations resulting from the student's drug assessment and evaluation.
Adulteration of Sample.-- A student athlete who knowingly attempts to alter, adulterate, dilute or in any way manipulate a urine sample to change the outcome of the test results, shall be prohibited from participation in all interscholastic athletics for one full calendar year following the end of the athletic season
Refusal to Be Drug-Tested.-- A student athlete who declines or refuses to submit to a drug test as required under the provisions of this Policy or intentionally fails to report to the prescribed place at the prescribed time to be drug tested shall be prohibited from participation in all interscholastic athletics for one full calendar year following the end of the athletic season.
Appeal Procedures.-- In addition to the opportunity afforded to the student athlete and his or her parents to discuss that student athlete's confirmed positive drug test result with the MRO, a student athlete whose positive test result has been verified and forwarded by the MRO to the school principal for the imposition of consequences as provided herein shall be entitled to procedural due process as follows:
Notice.-- The principal or his or her designee shall notify the student athlete and his or her parent that the student athlete's positive drug test result has been verified by the MRO or that the student athlete has otherwise violated this Policy, describe the disciplinary action to be taken and advise the student athlete and his or her parents of their right to schedule a due process hearing. The student, or the student's parent(s) or legal guardian(s), may contest the test result by informing the principal within 48 hours of notice of the positive test results and consequences imposed on the student.
Hearing.-- If requested by the student athlete or his or her parents, the principal shall conduct a hearing within a reasonable period of time following notification to the student athlete and parents of the notice described in paragraph A above. The student athlete and parent must attend the hearing and may provide evidence and call upon witnesses or submit written statements, as they deem appropriate. The principal shall render a decision and provide the student athlete and parent with a written record of that decision at the hearing or within five (5) days of the hearing. The principal's decision shall be final and shall not be subject to any further administrative appeal.
Consent
Statement of Purpose and Intent
Participation in school-sponsored interscholastic athletic activities at the School District is a privilege. Student athletes carry a responsibility to themselves, their fellow student athletes, their parents, and their school to set the highest possible examples of conduct, which includes avoiding the use or possession of illegal drugs or alcohol.
Drug use of any kind is incompatible with participation in interscholastic athletic activities on behalf of the School District of Palm Beach County (School District). For the safety, health, and well being of the student of the School District, the School Board has adopted the attached Student Athlete Drug and Alcohol Testing Policy, School Board Policy 5.615, and this consent for use by all student athletes in grades 9-12.
Participation in Interscholastic Athletic Activities.-- Each student athlete, or student desiring to become an athlete, shall be provided with a copy of the above drug testing policy and this consent form which shall be read, signed and dated by the student and parent or legal guardian before such student shall be eligible to practice or participate in any interscholastic athletic activities. The consent shall be to provide a urine sample: a) as chosen by a random selection process; or b) at any time requested based upon reasonable suspicion to be tested for illegal or performance-enhancing drugs or alcohol. No student shall be allowed to practice or participate in any athletic activity governed by the policy unless the student has returned the properly signed Student Athlete Drug and Alcohol Testing Consent Form.
Student's Consent.-- I, _______________________________ (print name of student), have read the "Drug and Alcohol Testing of Student Athletes Policy" and the "Student Athlete Drug and Alcohol Testing Consent", and I understand that, out of care for my safety and health and the health and safety of others, the School District enforces its rules applying to the consumption of illegal drugs and alcohol. As a student participating in a school-sponsored interscholastic athletic activity, I realize that the personal decision that I make daily about the use of illegal drugs and/or alcohol may adversely affect my health and well being, possibly endanger those around me, and reflect poorly upon any organization with which I am associated. If I choose to violate the School Board's policy regarding the illegal use of drugs and/or alcohol while I am involved in in-season or off-season athletic activities, I understand upon determination of that violation I will be subject to the consequences restricting my practice and participation as outlined in the Policy. I further agree that should I become 18 years of age during the sports season, my parent(s) or legal guardian(s) shall be informed of, or provided a copy of, my test results.
I hereby consent to have a sample of my urine collected and tested for the presence of certain drugs and alcohol in accordance with School Board Policy 5.615 at such time as urinalysis testing is required under the program.
I further authorize a confidential release to the school principal or his or her designee, and my parent(s) or legal guardian(s) all information and records, including testing results, created in accordance with the provisions of the above policy applicable to student athletes. To the extent set forth in this document, I waive any privilege I have in connection with such information.
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Signature of Student and Date
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Signature of Parent/Legal Guardian and Date
Parental or Guardian Consent.-- I (We) have read and understand the School District's "Drug and Alcohol Testing of Student Athletes Policy" and the "Student Athlete Drug and Alcohol Testing Consent" . I (We) desire that the student named above participate in the school-sponsored interscholastic athletic programs of the School District and I (we) hereby voluntarily agree to be subject to its terms. We accept the method of obtaining urine samples, testing and analysis of specimens, and all other aspects of the program, I (we) further agree and consent to the disclosure of the sampling, testing and results as provided for in the Policy, by joining in the above statement.
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Signature of Parent/Legal Guardian and Date
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Signature of Parent/Legal Guardian and Date
| STATUTORY AUTHORITY: | Fla. Stat. §§ 1001.32(2); 1001.41(2); 1001.42(25); and 1001.43(1) |
| LAWS IMPLEMENTED: | Fla. Stat. §§ 1001.43(1)(a); Family Educational Rights and Privacy Act (FERPA), 20 USC 1232 (g); Confidentiality of Alcohol and Drug Abuse Patient Recordings, 42 CFR Part 2, § 2.1(f) |
| HISTORY: | 7/8/2009 |