FNF(LOCAL) - STUDENT RIGHTS AND RESPONSIBILITIES: INTERROGATIONS AND SEARCHES

Interrogations

By School Officials

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.

By Police or Other Authorities

For provisions pertaining to student questioning by law enforcement officials or other lawful authorities, see GRA(LOCAL).

Lockers and Vehicles

Students have full responsibility for the security of their lockers and for vehicles parked on school property. It is the student's responsibility to ensure that lockers and vehicles are locked and that the combinations and keys are not given to others. Students shall not place, keep, or maintain any article or material that is forbidden by District policy in lockers or in vehicles parked on school property.

School officials may search lockers or vehicles parked on school property if there is reasonable cause to believe that they contain articles or materials prohibited by District policy. Students shall be responsible for any prohibited items found in their lockers or in vehicles parked 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 to permit a search of the vehicle, the District may turn the matter over to local law enforcement officials.

Use of Trained Dogs

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.

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.

Notice

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:

Lockers may be sniffed by trained dogs at any time.

Vehicles parked on school property may be sniffed by trained dogs at any time.

Classrooms and other common areas may be sniffed by trained dogs at any time when students are not present.

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.

Parent Notification

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.

Mandatory Drug Testing of Students

Students in grades 9–12 who participate in athletics, band, cheerleading, and drill team shall be subject to a mandatory random student drug-testing program.

The District has determined that the percentage of its students who use illegal drugs and consume alcohol is greater than the state average as defined by the Texas Commission on Alcohol and Drug Abuse. Based on these findings, a program of random student drug testing shall be implemented.

Testing shall be performed in accordance with accepted practices and procedures as established by the drug-testing laboratory affiliated with the District. The testing parameters shall be set at industry accepted standards as defined by the Substance Abuse and Mental Health Service Administration (SAMHSA).

The District reserves the right to test for the following substances: alcohol, amphetamines, barbiturates, benzodiazepines, cocaine metabolite, marijuana, methadone, opiates, phencyclidine, propoxyphene, hallucinogens, steroids, and all other illegal or addictive drugs.

Sample collection shall be made on a random basis as generated by the testing company. Records of test results shall be kept confidential and shall be provided only to District administrators and personnel responsible for administering the program.

In order for a student to participate in the specified program representing the District, the parent or legal guardian shall give permission for random drug testing. If the student is of legal age, he or she must sign a permission form in order to participate.

Students who do not declare their intention of participating in extracurricular activities at the beginning of the school year shall be subject to testing at the time they declare their intention to participate.

Consequences Associated with Positive Drug Test

If a test result is positive, the parent shall be notified of the results. If the student is an adult or married, the student shall be notified. The student shall continue to practice with his or her team or activity but shall not be allowed to travel or be associated with the team or activity during a game or contest.

For the first positive test result, the following measures shall be required:

A test shall be performed by the drug-testing laboratory to confirm the initial test results. A second confirmation test may be performed on the original urine specimen.

A parent/guardian meeting shall be arranged if the student is not married or is not an adult.

The student shall miss ten percent of the games or contests in the activity in which he or she is or will be participating. (For example: if a student has a positive test in October and only plays baseball, the suspension shall begin when the regular season baseball games begin.)

The student shall not be allowed to drive a motor vehicle on campus for ten consecutive school days.

The student must attend and verify attendance at a drug/alcohol education program provided by the school counselor within ten school days beginning on the date of the parent or guardian meeting or the date the parent/guardian was contacted.

The student shall be retested on all subsequent test dates.

For a second positive test result, the following measures shall be required:

A test shall be performed by the drug-testing laboratory to confirm the initial test results. A second confirmation test may be performed on the original urine specimen.

The parent or guardian shall be contacted and a meeting shall be encouraged, unless the student is an adult or married.

The student shall miss 30 percent of the games or contests in the activity in which he or she is or will be participating.

The student shall not be allowed to drive a motor vehicle on campus for 30 school days.

The student must attend and verify attendance at six sessions of Alcoholics Anonymous, Narcotics Anonymous, or with a chemical dependency counselor within a six-week time frame beginning on the date of the parent or guardian meeting.

The student shall be retested on all subsequent test dates.

For the third positive test result, the following measures shall be required:

A test shall be performed by the drug-testing laboratory to confirm the initial test results. A second confirmation test may be performed on the original urine specimen.

The parent/guardian shall be contacted and a meeting shall be encouraged, unless the student is an adult or married.

The student shall be suspended from the program or activity for one calendar year.

The student shall not be allowed to drive a motor vehicle on campus for the remainder of the school year.

The student must attend and verify attendance at six sessions of Alcoholics Anonymous, Narcotics Anonymous, or with a chemical dependency counselor within a six-week time frame beginning on the date of the parent or guardian meeting.

The student shall be retested on all subsequent test dates.

For the fourth positive test result, the student shall be suspended from any UIL activity, including athletics, band, cheerleading, drill team, and UIL academic programs for the remainder of his or her high school career.

If a student who initially agreed to be tested through a signed permission slip refuses to participate, each refusal shall bear the same consequences as a positive test. After the first refusal, the student shall be subject to the same measures as if he or she tested positive for the first time. After the second refusal, the student shall be subject to the same measures as if he or she tested positive a second time, and so forth. If the student shows a trace of drug use, he or she shall be subject to placement on the retesting list.

If a student tests positive and he or she participates in any other extracurricular or cocurricular activity, the student may face sanctions in accordance with the organization's standard of conduct for drug use. [See FO]

Voluntary Drug-Testing Program

A voluntary drug-testing program shall be available for students not participating in UIL activities. Guidelines for the voluntary drug-testing program shall be outlined in the student handbook. Consent for the voluntary drug-testing program may be revoked upon written request of the parent or of the student if the student is 18 years of age or older.

After the first positive test result, the student shall not be allowed to drive a motor vehicle on campus for ten calendar days.

After a second positive test result, the student shall not be allowed to drive a motor vehicle on campus for 30 calendar days.

After a third positive test result, the student shall not be allowed to drive a motor vehicle on campus for the remainder of the school year.

Students Who Drive a Vehicle on Campus

Students who drive a motor vehicle on campus shall be included in the drug-testing program, with sanctions as outlined in the voluntary drug-testing program.

Appeals

Students desiring to appeal the consequences shall follow the appeal procedures at FNG.

Crandall ISD

FNF(LOCAL)-X

LDU 2010.05

DATE ISSUED: 10/15/2010