• Frequently Asked Questions
     
    Q. Will all students be subject to drug testing?
     
    No, in accordance with District policy and regulations, the District will only test students in grades 7 - 12 who are involved in school-sponsored extracurricular and/or UIL academic programs/activities (school-sponsored extracurricular programs/activities). Participation in school-sponsored extracurricular programs/activities is a privilege and students must meet specific requirements to participate.
     
    Q. Isn’t this program just another way to try to catch kids doing something wrong?
     
    No! The District has implemented this program to protect District students and to deter the use of alcohol or illegal drugs. The intended purposes are:
    1. To allow each student in programs/activities subject to testing to make a commitment against drug or alcohol use,
    2. To give each student an effective tool against drug or alcohol use,
    3. To ensure the health and safety of each student during practices, competitions, and performances, and
    4. To offer educational and counseling assistance to students who may be identified as having substance abuse problems.

    Q. Is it required for the parent/guardian and the participating student to sign a consent agreement form?

    Yes! Each student and his or her parent/guardian shall be required to give written permission that will remain effective as long as the student is enrolled at the district campus designated on the consent form or enrolled in EMS ISD. If a student or a parent refuses to sign a consent agreement form or provides written notice of revocation of the consent agreement to the Campus Principal or the Campus Drug Testing Coordinator, the student shall not be allowed to participate in the school-sponsored extracurricular program/activity for which such testing is required.

    Q. How often will students be tested?

    When testing is conducted, ten percent of the students participating in the program/activity shall be randomly selected for each testing session. Using confidential computer-generated student numbers, the testing laboratory shall generate a random list of students for each testing session. Students shall not be notified in advance of any drug testing session. When selected for testing, each student shall proceed to the campus testing site, and shall remain under the care and supervision of campus testing personnel until a sample has been provided.

    Q. Will the testing results be confidential?

    Yes! Each Secondary Campus will designate an Administrator as the Campus Drug Testing Coordinator (CDTC). All results of each drug testing session shall be confidential and shall be disclosed only to the student, the student’s parent/guardian, and designated District officials. No test results shall be maintained in a student’s educational record/file(s) and shall be destroyed when the student graduates from high school. If a student withdraws before graduation and does not return, records shall be destroyed when the student reaches 19 years of age.

    Q. How do you know the positive test results are accurate?

    All positive test results will be confirmed by a second, more definitive test before being reported as positive. A confirmed positive test result shall be forwarded to a Medical Review Officer (MRO) for an interpretation and evaluation to determine if there is a legitimate explanation for a positive result. The MRO shall be a licensed medical physician trained in substance abuse and certified by the American Association of Medical Review Officers. The MRO shall make the final determination in all confirmed positive laboratory test results.

    Q. What happens if a student’s test result is a confirmed positive?

    A confirmed positive laboratory test result shall be forwarded to a Medical Review Officer (MRO) for an interpretation and evaluation to determine if there is a legitimate explanation for the result. The MRO shall be a licensed medical physician trained in substance abuse and certified by the American Association of Medical Review Officers.

    The MRO shall make the final determination in all confirmed positive laboratory test results, and if it is determined that a legitimate reason exists for the positive lab result, the result shall be reported to the District as a negative test result. The District shall take the following steps upon receiving a confirmed positive test result from the testing laboratory:

    • The parent shall be notified, and a meeting shall be scheduled. The parent shall be given an opportunity to offer an explanation and may request a retest at the parent’s expense. If the student is classified as an economically disadvantaged student according to District PEIMS records, consideration will be given for financial assistance to offset the cost of the retest. This second test must be completed at an approved SAMHSA lab. A positive test result can be received if one or more of the following occurs:
      1. A student’s sample specimen produces a positive result and is confirmed by the MRO.
      2. A student fails to produce a sample specimen within a 2-hour time limit during a drug testing session.
      3. The student tampers with any specimen sample or who assists others in tampering with any specimen sample.
      4. The student refuses to be tested when randomly selected for a designated testing session, or
      5. The student fails to complete a Positive Test Protocol for a confirmed positive test result.
    • Following the first confirmed positive test or result, the consequences shall be as follows:
      1. The student and his or her parent/guardian shall be required to meet with appropriate school personnel, including the school intervention counselor. The student shall be required to complete a series of educational meetings with the campus intervention counselor.
      2. The student shall be retested on the dates of the next three testing sessions without exception.
    • Following a second confirmed positive test result, the consequences shall be as follows:
      1. The student shall be suspended from participation in the applicable school-sponsored extracurricular and/or UIL academic program/activity including performances, games, and/or competitions for 30 school days. The student shall be allowed to continue to practice during the suspension.
      2. The student shall attend a District-approved drug/counseling/education program. The student must present to the appropriate school personnel evidence of the successful participation and completion of the program.
      3. The student shall be retested on the dates of the next three testing sessions without exception.
    • Following a third confirmed positive test result, the student shall be removed from the applicable school-sponsored extracurricular and/or UIL academic program/activity for the remainder of the student’s school career. After one calendar year from the third confirmed positive test result, an appeal may be made for reinstatement, contingent upon substantiated rehabilitation documentation. If the student qualifies for reinstatement, any further positive test results shall result in permanent removal from all applicable school-sponsored extracurricular and/or UIL academic programs/activities.

    Q. Are all decisions final?
    A student or parent may appeal any decision made under the drug testing program in accordance with Board policy FNG (LOCAL). The student will be ineligible for participation in any applicable school-sponsored extracurricular and/or UIL academic programs/activities until the appeal process has been completed.