In approving the second reading of a random drug and alcohol testing policy on Wednesday, Douglas County school board members voted unanimously, with board member Karen Chessell absent, to implement a full calendar-year testing program rather than a seasonal one.
That means that students in the program will be subject to random drug and alcohol testing for an entire year, whether they are engaged in an extracurricular activity at the time of testing.
Students who violate in the off-season will be penalized the following season.
The change in the policy is venturing into a gray legal area, Assistant Superintendent Nancy Bryant told board members. The U.S. Supreme Court has only ruled on the constitutionality of testing students while they're engaged in extracurricular activities.
"Once they sign the contract, they're in the pool for the entire year," Bryant said. "The Supreme Court has approved testing within a season, but there has been no ruling out of season, and this is a gray area that you, as a board, are progressing through."
But Bryant said the benefits of a year-round program are worth the risk, namely said that students will not be tempted to use between seasons.
Superintendent Carol Lark agreed, saying the district wants the most effective deterrent.
"The intent of the policy is to protect youngsters, and we want to protect them year-round," she said.
District Counsel Mike Malloy thought year-round testing was not a major legal leap from seasonal testing.
"It's not a big long leap," he said. "In my personal and professional opinion, it's likely still legal. It's just never been in front of the Supreme Court."
As the policy is currently written, all high school students, including ninth-graders, who sign contracts of conduct to participate in sports, band, speech and debate and other extracurricular activities will be subject to random drug and alcohol testing, starting this fall.
Consent forms will have to be signed by both parents and students before students may participate in such activities. Subsequently, team rosters will be provided to an outside company, which will make the random selections and oversee the testing process.
Urine samples will be collected and tested for a variety of drugs, including alcohol, nicotine and steroids. The frequency of tests and percentage of students tested will fluctuate throughout the year to prevent recognizable patterns.
"Students need to feel that it's real, that testing is high enough," said board member Sharla Hales. "They'll need to be able to say, 'So and so got tested.'"
But no matter who's tested, the results will remain confidential between parents and school administrators, and may not be disclosed to any law enforcement agency without a proper subpoena.
Students may not be punished academically for positive tests, nor may any results be included in students' academic records. Only extracurricular privileges will be affected.
A first positive test will result in a six-week suspension for students in year-round co-curricular activities, or, in the case of student athletes, suspension for the rest of the current season. The same penalties will be applicable for an entire year, meaning a student athlete who tests positive in the off season will have to forfeit at least part of the upcoming season.
Students will be given the option to participate in a drug and alcohol assistance program, which, if completed, will waive four weeks of suspension. They'll also have to submit to follow-up tests.
A second offense will result in a 90-day suspension that carries over into any new season. A third positive test will result in the permanent loss of extracurricular activities.
"The reality of it is that we're trying to avoid kids being on drugs," said board president Cindy Trigg.
"This is not meant to be a gotcha," said Lark. "It's a deterrent to help our youngsters."
