FILE: IDFAA
DRUG SCREENING OF STUDENT ATHLETES
The East Baton Rouge Parish School Board is cognizant of the privacy rights of individuals and believes that the safety and well being of these individuals require that it take legally permissible steps to prevent and eliminate substance use, abuse or misuse by its student athletes. The School Board acknowledges that extracurricular activities are not an essential part of the educational process, as written in the Louisiana Handbook for School Administrators, Bulletin 741. It is therefore a privilege, not an absolute right, offered to all eligible students on an equal opportunity basis and thus is voluntary and not required by School Board policy and state and/or federal law.
The purpose of this Drug Screening of Student Athletes policy is:
To provide for the health and safety of student athletes,
To help prevent the use, abuse or misuse of drugs,
To provide student athlete drug users with an education assistance
program, and
To try to preserve a positive conducive learning environment for student athletes.
As a part of the interscholastic athletic program, the School Board authorizes random urinalysis drug testing of students who participate in any of the school's athletic programs.
Definitions:
Drug: Any substance considered illegal within the following
categories: amphetamines, marijuana, cocaine, opiates, or PCP.
Student Athlete: Any student participating in interscholastic
athletic programs sponsored by the East Baton Rouge Parish School
Board.
Sport Seasons: Fall, Winter I, Winter II, and Spring
seasons begin on the first day of practice allowed by the Louisiana
High School Athletic Association extending through the school team’s
last game of the season to include playoff games and the state championships,
if applicable, in a particular sport.
Medical Review Officer (MRO): A licensed physician with knowledge of drug abuse disorders. The MRO shall review all drug test results and interview parents of the student athlete who tested positive to verify whether the student athlete had a legal prescription.
PROCEDURES
To be eligible for interscholastic athletics, prior to practicing or participating in a sport at a Louisiana High School Athletic Association (LHSAA) school a student athlete and his/her parent(s)/guardian(s) shall sign the East Baton Rouge Parish Schools/LHSAA Substance Abuse/Misuse Contract developed and distributed to all schools by the LHSAA. 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 parent(s)/guardian(s) 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 joint LHSAA/School Board form giving permission to have the tests performed. Once signed, the LHSAA Substance Abuse/Misuse Contract shall remain in effect for the remainder of the student athlete’s eligibility. Refusal to allow these tests to be administered shall immediately serve notice that the student may not participate in any interscholastic athletics. The Superintendent is authorized to develop and implement collection procedures for specimen testing.
Student Selection:
Random testing shall be conducted four (4) times during the school year. The selection for random testing shall be from a list of athletes from each high school. The drug screening eligibility list shall be sent to the Superintendent and/or his/her designee on or before the due date for each sport. The eligibility list shall be sent to the contracted laboratory where a number will be randomly assigned to each athlete according to his/her student number. The random assigned numbers for each school will be placed in a "pool" from which a representative of the contracted laboratory will blindly draw the names of six percent (6%) of each school's available athletes. The Superintendent and/or his/her designee shall take all reasonable steps to assure the integrity, confidentiality, and random nature of the selection process.
A professional at a Substance Abuse and Mental Health Services Administration (SAMHSA) approved laboratory that is selected by the East Baton Rouge Parish School Board shall perform all urinalysis testing. The sample sent to this laboratory will be routinely tested only for AMPHETAMINES, MARIJUANA, COCAINE, OPIATES AND PCP.
REVIEW OF DRUG TESTING RESULTS
The company shall have on staff or contract for the services of a Medical Review Officer (MRO). The MRO shall be a licensed physician with knowledge of drug abuse disorders. The MRO shall review all negative and positive drug test results and interview parents of student athletes who tested positive to verify whether the student athlete had a legal prescription before the School Board is notified. The review of a negative test may be an administrative process to ensure the “Chain-of-Custody” procedures were intact.
Reporting and Review of Results
The MRO shall review confirmed positive results. An essential part of the drug testing program is the final review of confirmed positive results from the laboratory. A positive test result does not automatically identify a student athlete as having used drugs in violation of School Board policy. An individual with a detailed knowledge of possible alternate medical explanations is essential to the review of results. This review shall be performed by the MRO prior to the transmission of results to School Board personnel. The MRO review shall include review of the “Chain-of-Custody” to ensure that it is complete and sufficient on its face.
Qualifications and Responsibilities
The MRO shall be a licensed physician with knowledge of substance
abuse disorders. The MRO shall not be an employee of the
laboratory conducting the drug test.
The role of the MRO is to review and interpret confirmed positive
test results obtained through the drug screening program. In
carrying out this responsibility the MRO shall examine alternate medical
explanations for any positive test result. This action
could include conducting a medical interview with the parents of the
student athlete and review of the individual's medical history or
review of any other relevant biomedical factors. The MRO
shall review all medical records made available by the parents when
a confirmed positive test could have resulted from legally prescribed
medication. The MRO shall not, however, consider the results
of urine samples that are not obtained or processed in accordance
with State and Federal regulations.
The MRO may require the original specimen to be reanalyzed to determine the accuracy of the test result. The MRO may verify that the laboratory report and assessment are correct.
Positive Test Results
If a test is verified positive, the parent(s)/guardian(s) of
the student athlete may present to the MRO, information documenting
that the student athlete had a legal prescription or a medical condition. If
the MRO concludes that there is a legitimate explanation, the MRO
shall declare the test to be negative.
Following verification of a positive test result, the MRO shall refer the case to the designated school official for action.
Reconfirmation Analysis Authorization
Should any question arise as to the accuracy or validity of
a positive test result, only the MRO is authorized to order a reconfirmation
of the original sample and such results are authorized only at laboratories
certified by SAMHSA.
The MRO shall authorize a reconfirmation of the original sample
if requested in writing by the parents of the student athlete within
sixty (60) days of the student athlete having received actual notice
of the positive test.
If the retest is negative, the MRO shall cancel the test.
RETESTING OF SAMPLES
Parent(s)/guardian(s) of a student athlete may request, in writing to the MRO a retest of the original split sample within seventy two (72) hours of notification of a positive test result from the MRO.
Retest Provisions
The parent(s)/guardian(s) may specify that the specimen be retested by the original laboratory or sent to another certified laboratory. The parents will be required to pay in advance for the cost of shipment and reanalysis of the sample. The parents will be reimbursed for the cost incurred in the reanalysis if the retest of the specimen is negative.
Results Scientifically Insufficient
The MRO, based on review of inspection reports, quality control data, multiple samples, and other pertinent results, may determine that the result is scientifically insufficient for further action and declare the test specimen negative. In this situation the MRO may request reanalysis of the original sample before making this decision.
RETENTION OF SAMPLES
Samples that yield positive results on confirmation shall be retained by the laboratory in properly secured, long-term, frozen storage for at least three hundred sixty-five (365) days.
Detection Levels
Because some analities deteriorate or are lost during freezing and/or storage, quantitation for a retest is not subject to a specific cutoff requirement but must provide data sufficient to confirm the presence of the drug or metabolite.
PROCEDURE FOR POSITIVE RESULTS
If a student athlete's test results indicate a "Positive Test", a second test of the original sample shall be administered as soon as possible to confirm the results. Should the second test results indicate a "Negative Test,” no further action shall be taken. However, if the second test results indicate a "Positive Test,” the athlete's parent(s)/guardian(s) shall be notified and a meeting with the student athlete, his/her parent(s)/guardian(s) and the school's principal shall be scheduled.
CONSEQUENCES
In the event of a first offense violation, the student is given two (2) options:
Suspension from the school athletic program until the completion
of a six-week educational assistance program provided by an I CARE
Advisor with at least one hour per week minimum meeting. The
I CARE Advisor shall determine if the student needs to be referred
for further assistance to other agencies. During this time,
the athlete shall not be allowed participation in any athletic program,
including practicing with the team. During this six-week
period, the student may be subjected to random testing at the expense
of the school system. At the end of the six-week program,
a second urinalysis test shall be given at the cost of the student's
parent(s)/guardian(s). The student may return to practice or
play at the successful completion of the I CARE program and a negative
urinalysis test result. There should be a written assessment
by the counselor or advisor at the end of six-week period, which involves
a certificate of completion.
Should the student refuse the option of the six-week program or fail the successful completion of the six week program, then the penalty shall be suspension from athletics for the remainder of the current season and the next season for which the student athlete is eligible. The student athlete shall be required to pass a urinalysis test before re-entering any athletic program at the school.
In the event of a second offense violation, which is defined as a second positive test result in any two (2) consecutive calendar years, the student athlete shall be suspended from all athletic programs for the remainder of the current season and the next athletic season for which the student is eligible.
In the event of a third offense violation, which is defined as a third positive test result in any two (2) consecutive calendar years, the student athlete shall be suspended from all athletic programs for the remainder of the current season and the next two (2) athletic seasons for which the student is eligible.
In any event, any re-entry into an athletic program following a violation shall not be allowed until the student undergoes a urinalysis test given at the cost of his or her parent(s)/guardian(s).
If a student athlete confesses his/her drug use, a test shall still be given to the athlete and, following a positive result, the student shall be required to complete the six-week educational assistance program detailed above. It is recommended that no self-referrals be allowed on a random test date.
No student athlete should be penalized academically for testing positive for illegal drugs. The results of drug test pursuant to this policy should not be documented in any student's academic records. Information regarding the results of drug tests should not be disclosed to criminal or juvenile authorities, absent legal compulsion by valid and binding subpoena or other legal process, which the School District should not solicit. In the event of service of any such subpoena or legal process, the student and the student's custodial parent(s) or legal guardian(s) should be notified at least 72 hours before the District makes a response.
PARENTAL RELEASE
The parent(s) or guardian(s) and the student athlete shall release the East Baton Rouge 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 that the East Baton Rouge 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 screening program.
Revised: July 21, 2016
Ref: La. Rev. Stat. Ann. §§17:81, 40:961, 49:1111
Vernonia School District 47J v. Acton, 115 S. Ct. 2386 (1995)
Official Handbook, Rule 1.17.2, Louisiana High School Athletic Association
Board minutes, 7-29-99, 7-21-16
East Baton Rouge Parish School Board