TRUSTEES ADOPT DRUG TEST POLICY

San Marcos CISD Board Members unanimously approved a policy that lays out specific details for the random drug testing of students,

It will be implemented in the 2004-2005 school year.

After nearly a month and a half of "ironing out" a working procedure, policy committee member Joe Castillo said that he's confident in the committee's final product.

"We made a lot of necessary changes," Castillo said.  "The main complication we had is that we couldn't go to the Texas Association of School Boards for a policy, because we're entering new territory with drug testing."

Castillo said the committee met three times in April and a couple of other times in May to write, rewrite and edit the now approved policy.

The policy states that all district students in grades 7-12 who choose to participate in a competitive extracurricular activity will be tested at random - not once a month as previously proposed.

Specific activities are not listed, but a definition of "competitive extracurricular activity" is given in the policy.  Attorney Bob Ramirez, who has worked with the district in developing the policy, said that this was to eliminate the problem of having to revisit the policy as activities are added and amended.

Also listed in the policy is the 'rationale' for testing, which in brief, recognizes the district's awareness of an increased drug problem at the schools.

Though the policy committee, which consists of board members Castillo, Judy Allen, Peter Baen and several staff members, wished to scratch this portion of the policy, Ramirez noted this as a defense mechanism for future confrontations.

"If you're challenged on this policy, one of the first questions asked by the judge will be 'what was the reason for drug testing?'" Ramirez said.  "I want to be able to articulate that in the policy later on if we do respond to a challenge."

Before a student may be allowed to participate in any competitive activity, written consent from the student and guardian is required.  The district says it will employ drug screening services through an independent laboratory and all testing will be conducted by a qualified lab personnel and/or district designee.

Board president Barrie Breed questioned this because of the possibility of a parent not wishing to have district involvement in the testing.

"I don't want someone coming in and saying 'well, the coach probably did so and so to his test,'" Breed said.

However, Superintendent Sylvester Perez said that this stipulation would allow some of the staff to work with the "logistics" of the testing.

If a student tests positive, a Medical Review Officer ( MRO ) will contact the parent or guardian within one school day of having received the result.  If unable to contact the guardian, the district would step in and provide assistance in locating him or her, according to the policy.

Any student refusing to submit a test if picked at random will be considered to have tested positive.

A first positive test results in guardian notification, a conference with the principal, counseling at the parent's expense and additional testing on the next three random testing dates.

However, if the student is "educationally disadvantaged" as defined by Texas Education Code section 5.001, meaning if the student is eligible for free or reduced price lunch program, the district shall provide appropriate substance abuse education.

A second offense includes suspension from all performances and competitions for a period of not less than 30 days.  Also, a student will be required to submit to testing on the next six testing dates.

A third offense includes a one calendar year suspension.  Finally, a fourth positive test results in a suspension from the activity for the remaining time in his or her attendance in the district.  However, that student may apply for consideration of reinstatement from the superintendent.

Among substances that could potentially be tested are amphetamines, barbiturates, cocaine, marijuana, alcohol, hallucinogens, opiates, phencyclidine and steroids.