LaPoynor ISD 107910 STUDENT RIGHTS AND RESPONSIBILITIES FNF INTERROGATIONS AND SEARCHES (LOCAL) DATE ISSUED: 7/26/2012 1 of 7 LDU 2012.03 FNF(LOCAL)-X Administrators, teachers, and other professional personnel may question a student regarding the student’s own conduct or the conduct of other students. In the context of school discipline, students have no claim to the right not to incriminate themselves. For provisions pertaining to student questioning by law enforcement officials or other lawful authorities, see GRA(LOCAL). Desks, lockers, and similar items are the property of the District and are provided for student use as a matter of convenience. Lockers and desks are subject to blanket searches or inspections by District administrators. Searches or inspections may be conducted at any time and without notice. Students shall be fully responsible for the security and contents of desks or lockers assigned to them. Students shall make certain that lockers are locked and that the keys or combinations are not given to others. Students shall not place or keep in a desk or locker any article or material prohibited by law, District policy, or the Student Code of Conduct. Students shall be held responsible for any prohibited items found in their desks or lockers. Students shall be fully responsible for the security and contents of vehicles parked on school property. Students shall make certain that their parked vehicles are locked and that the keys are not given to others. Students shall not place or keep in a vehicle on school property any article or material prohibited by law, District policy, or the Student Code of Conduct. If there is reasonable cause to believe that a vehicle on school property contains contraband, it may be searched by school officials or by personnel whose services have been engaged by the District to conduct such searches. Students shall be held responsible for any prohibited items found in their vehicles on school property. If a vehicle subject to search is locked, the student shall be asked to unlock the vehicle. If the student refuses, the District shall contact the student’s parents. If the parents also refuse the search, the District may contact local law enforcement officials and turn the matter over to them, or the District may conduct the search. The District shall use specially trained nonaggressive dogs to sniff out and alert officials to the current presence of concealed prohibited items, illicit substances defined in FNCF(LEGAL), and alcohol. This program is implemented in response to drug- and alcohol-related problems in District schools, with the objective of maintaining a safe school environment conducive to education. INTERROGATIONS BY SCHOOL OFFICIALS BY POLICE OR OTHER AUTHORITIES SEARCHES DESKS AND LOCKERS VEHICLES USE OF TRAINED DOGS LaPoynor ISD 107910 STUDENT RIGHTS AND RESPONSIBILITIES FNF INTERROGATIONS AND SEARCHES (LOCAL) DATE ISSUED: 7/26/2012 2 of 7 LDU 2012.03 FNF(LOCAL)-X Such visits to schools shall be unannounced. The dogs shall be used to sniff vacant classrooms, vacant common areas, the areas around student lockers, and the areas around vehicles parked on school property. The dogs shall not be used with students. If a dog alerts to a locker, a vehicle, or an item in a classroom, it may be searched by school officials. Searches of vehicles shall be conducted as described above. At the beginning of the school year, the District shall inform students of the District’s policy on searches, as outlined above, and shall specifically notify students that: 1. Lockers may be sniffed by trained dogs at any time. 2. Vehicles parked on school property may be sniffed by trained dogs at any time. 3. Classrooms and other common areas may be sniffed by trained dogs at any time when students are not present. 4. If contraband of any kind is found, the possessing student shall be subject to appropriate disciplinary action in accordance with the Student Code of Conduct. The student’s parent or guardian shall be notified if any prohibited articles or materials are found in a student’s locker, in a student’s vehicle parked on school property, or on the student’s person, as a result of a search conducted in accordance with this policy. The District has determined a need to implement a program of initial and random testing of students in grades 6–12 as a condition of their participation in competitive extracurricular activities and/or as a condition of obtaining/maintaining a permit to park on campus. The drug-testing program shall not be designed as a punitive measure with the intent of identifying and punishing those who may use illegal drugs and/or performance-enhancing drugs. Rather, the following objectives shall serve as the foundation for the program: 1. To ensure the health and safety of all students who represent the District in any competitive extracurricular activities and students who desire parking permit privileges; 2. To serve as a deterrent to the use of illegal drugs and performance-enhancing drugs among the student body; 3. To offer students a credible means to resist peer pressure as it relates to the use of illegal drugs and/or performance-enhancing drugs; and NOTICE PARENT NOTIFICATION STUDENT DRUGTESTING PROGRAM RATIONALE OBJECTIVES OF DRUG TESTING LaPoynor ISD 107910 STUDENT RIGHTS AND RESPONSIBILITIES FNF INTERROGATIONS AND SEARCHES (LOCAL) DATE ISSUED: 7/26/2012 3 of 7 LDU 2012.03 FNF(LOCAL)-X 4. To provide a ready resource for support and assistance to any student who may be using illegal drugs and/or performanceenhancing drugs. This policy shall apply to all District students in grades 6–12 as a condition of participation in any competitive extracurricular activities and/or as a condition of obtaining/maintaining a permit to park on campus. Before a student may be allowed to participate in any competitive extracurricular activities and/or obtain/maintain a permit to park on campus, the student and the parent and/or person otherwise in lawful control of the student must present written consent to the testing. An initial drug test shall be administered to all students in grades 6–12 who intend to participate in competitive extracurricular activities when they first express that intent and shall be administered to all students who attempt to obtain/maintain a permit to park on campus when the first application for such permit is presented after the effective date of this policy. All students in grades 6–12 who intend to participate in competitive extracurricular activities and/or obtain/maintain a permit to park on campus during the course of the school year are subject to random drug testing. This pool of students shall be subject to random testing at a frequency and at a rate to be determined by the school administration. No student in grades 6–12 shall be allowed to represent the District in competitive extracurricular activities and/or obtain/maintain a permit to park on campus without having the initial drug test and currently being in the random drug testing pool. The District shall contract for drug-screening services through an independent laboratory, and all testing shall be conducted by qualified laboratory personnel in accordance with accepted practices and procedures established by the contract laboratory. Testing shall be accomplished by urinalysis using accepted immunological screening procedures; chain-of-custody documentation shall be maintained throughout the collection and testing processes. Any specimens that test positive shall be confirmed by gas chromatography/mass spectrometry testing methodology before a report of a positive test is made to the District. All initial screening shall be performed at the District’s expense. The collection and coding of specimen samples shall be executed in a manner that ensures proper identification and confidentiality. APPLICABILITY STUDENT AND PARENT CONSENT PLAN TESTING PROCEDURES AND PROTOCOL CONFIDENTIALITY LaPoynor ISD 107910 STUDENT RIGHTS AND RESPONSIBILITIES FNF INTERROGATIONS AND SEARCHES (LOCAL) DATE ISSUED: 7/26/2012 4 of 7 LDU 2012.03 FNF(LOCAL)-X Test results shall be made known to the student, the student’s parents or other person having lawful control of the student, the Superintendent or designee, the District health coordinator, the appropriate sponsor or coach, the appropriate principal, and, in the case of student athletes, the athletic director. Test results shall be released to other individuals/entities only upon the written request of a parent or person otherwise in lawful control of the student or upon the written request of a student who is of legal age. Test results shall be destroyed within 60 days of when the student graduates or is no longer of school age. For purposes of this policy, the terms “drug” and “controlled substance” shall be interchangeable and shall be defined as any substance considered illegal by either federal or Texas law or that is controlled by the United States Food and Drug Administration. Drugs eligible for testing include, but are not limited to, the following: 1. Amphetamines/methamphetamines (speed, uppers, diet pills); 2. Barbiturates (downers, sleeping pills); 3. Benzodiazepines (Valium, Librium); 4. Cannabinoid (marijuana); 5. Cocaine; 6. Hallucinogens (LSD); 7. Methadone; 8. Methaqualone; 9. Opiates (heroin, morphine, codeine); 10. Phencyclidine (PCP, angel dust); 11. Propoxyphene (Darvon); and 12. Steroids (performance-enhancing drugs). The District reserves the right to test for any and all illegal or controlled substances at its discretion. All offenses shall be cumulative for the participating student’s enrollment or reenrollment in the District. For a first positive test result, the following consequences shall be imposed: DRUGS ELIGIBLE FOR TESTING CONSEQUENCES FOR POSITIVE TESTING FIRST OFFENSE LaPoynor ISD 107910 STUDENT RIGHTS AND RESPONSIBILITIES FNF INTERROGATIONS AND SEARCHES (LOCAL) DATE ISSUED: 7/26/2012 5 of 7 LDU 2012.03 FNF(LOCAL)-X 1. The District shall contact the student’s parent or person otherwise in lawful control of the student. 2. The student shall be suspended from participation in any competitive extracurricular performances, competitions, and activities and shall be suspended from all parking permit privileges for 30 school days. 3. The student shall be required to participate in a drug education/awareness program provided by the District or in an external drug education/awareness program provided at the parent’s expense. In no event shall the student be allowed to resume participation in any competitive extracurricular performances, competitions, or activities or to regain use of parking permit privileges unless proof is provided to the District of the completion of such drug education/awareness program. 4. The student shall be tested at all random drug-testing events that occur during the time period of the suspension. 5. The student must retest at the end of the 30-day suspension period, and the student’s system must be clear of any drugs before the student may be reinstated to participate in extracurricular activities or to resume parking permit privileges. For a second positive test result, the following consequences shall be imposed: 1. The District shall contact the student’s parent or person otherwise in lawful control of the student. 2. The student shall be suspended from participation in any competitive extracurricular performances, competitions, and activities and shall be suspended from all parking permit privileges for one calendar year from the date the positive test result is reported to the District. 3. The student shall be required to participate in one drug counseling session provided by the District or in external drug counseling provided by a licensed counselor at the parent’s expense. In no event shall the student be allowed to resume participation in any competitive extracurricular performances, competitions, or activities or to regain use of parking permit privileges unless proof of counseling is provided to the District and the counselor has certified, in writing, that the student has completed all counseling requirements. 4. The student shall be tested at all random drug-testing events that occur during the time period of the suspension. SECOND OFFENSE LaPoynor ISD 107910 STUDENT RIGHTS AND RESPONSIBILITIES FNF INTERROGATIONS AND SEARCHES (LOCAL) DATE ISSUED: 7/26/2012 6 of 7 LDU 2012.03 FNF(LOCAL)-X 5. The student must retest at the end of the one-year suspension period, and the student’s system must be clear of any drugs before the student may be reinstated to participate in extracurricular activities or to resume parking permit privileges. 6. Following the student’s reinstatement, the student shall be tested at all random drug-testing events for the remainder of the student’s enrollment in the District. For a third positive test result, the following consequences shall be imposed: 1. The District shall contact the student’s parent or person otherwise in lawful control of the student. 2. The student shall be suspended from participation in any competitive extracurricular practices, performances, competitions, and activities and shall be suspended from all parking permit privileges for the remainder of the student’s enrollment in the District. Any student who is identified for random testing on a given date, but because of illness or any other legitimate reason, leaves school before the test is performed, shall be included in the next random screen. Noncompliance by a student in the testing pool with the testing procedures, including a refusal to be tested, shall be considered to be a positive test and shall result in consequences being implemented as if the student had been tested and the results of the test were positive. For purposes of this policy, any suspension from competitive extracurricular activities or parking permit privileges that is not completed during the course of the school year shall be extended to the following year. During the period of a suspension, the student involved in competitive extracurricular activities must still attend practice for their first and second offences even though participation is not permitted. Should a student or parent or person otherwise in lawful control of a student elect to appeal a positive test result, the second half of the specimen in question may be tested by a laboratory mutually agreed upon by the student/parent and the District. In such cases, the student or parent or person otherwise in lawful control of the student shall assume responsibility for payment of all fees related to the second test. A written request to appeal a positive test result must be submitted to the Superintendent or designee within three THIRD OFFENSE FAILURE OR REFUSAL TO SUBMIT TO DRUG TESTING SUSPENSION APPEALS PROCEDURE LaPoynor ISD 107910 STUDENT RIGHTS AND RESPONSIBILITIES FNF INTERROGATIONS AND SEARCHES (LOCAL) DATE ISSUED: 7/26/2012 ADOPTED: 7 of 7 LDU 2012.03 FNF(LOCAL)-X days of the student and parent receiving oral notice of the positive test result. A student or parent or person otherwise in lawful control of a student may appeal the consequences of a positive test result under this policy to the Superintendent or designee by filing a written complaint according to the provisions and time lines as set forth in policy FNG(LOCAL).
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