FILE:  IDFAA

Cf:  IDFA

DRUG TESTING FOR STUDENT ATHLETES

Since athletics is an extracurricular activity, the West Baton Rouge Parish School Board takes added precautions to assure that an athlete shall be accorded reasonable safety measures.  Athletics is not an essential part of the educational process and thus is not mandated by the West Baton Rouge Parish School Board.  Consequently, the safety procedures required of the athlete are freely embraced by the parents and athletes in view of optimizing the opportunities to minimize injuries to the athlete and to others who participate in sports.

The West Baton Rouge Parish School Board's main purpose is not to invade the privacy of the student athlete, but rather its intent is to identify a health problem or controlled substance dependence which by its very nature would be counterproductive to the safety of the athlete and his/her companions.

Therefore, as required by the Louisiana High School Athletic Association (LHSAA), prior to participating in any sanctioned sport, the student athlete and parent/guardian shall be required to sign the LHSAA Substance Abuse/Misuse Contract and the West Baton Rouge Parish School Board Substance Abuse/Misuse Contract.  Both of these contracts shall be kept on file at the student's school and remain in effect for the remainder of the school year.  These contracts state that all student athletes shall be subject to random drug testing, the procedures of which are herein specified.  These tests shall be strictly enforced and participation shall be mandatory, since the parents/guardians have freely chosen to allow their son(s)/daughter(s) to participate in athletic programs.  No athlete shall be tested unless the parent(s)/guardian(s) and the athlete sign both the LHSAA and West Baton Rouge Parish School Board forms giving permission to have the tests performed.  Refusal to allow these tests to be administered shall immediately serve notice that the student may not participate in any interscholastic athletics.

The West Baton Rouge Parish School Board hereby publicly declares the administration of drug testing to participants is not and should not be construed as being premised upon the suspicion that a particular student is under the influence of any drugs.  This program is a mandatory condition for participation by a student in any interscholastic athletics.  The test at issue here is only for drugs and not any other health related condition that participants may exhibit.

A minimum of twenty-five percent (25%) of all student athletes shall be identified through a computerized random selection process and shall be subjected to testing each school year.  This testing shall be conducted by a certified laboratory, which shall provide on­site specimen collection and split sample urinalysis.  The student athlete's confidentiality shall be protected at all times as the students will be identified by their student identification numbers and no identifying names will be used.

The urine specimens shall be taken to ascertain if there is present any controlled substance which by its very nature, will impede the motor skills required in athletic endeavors and thus endanger the athlete and/or others.

Each specimen shall be analyzed for the presence of the following compounds:

All costs associated with the administration of the athletic drug testing program shall be the sole and exclusive responsibility of the West Baton Rouge Parish School Board.  However, any evaluation or drug counseling which may be mandated as a result of positive tests shall not, under any circumstances, be the responsibility of the West Baton Rouge Parish School Board.

The following procedures shall be followed upon receipt of a positive result from the drug testing described herein:

POSITIVE RESULTS:  Both the individual who has tested positive and his/her parents/guardians shall be immediately notified according to the procedures specified.

1st Offense:  The student athlete shall be suspended from practice or games for two weeks (14 days).  After the 2-week period the student can return to practice and he/she will be retested four weeks (28 days) from the date of the original test (at the parent’s expense).  A negative test result will allow the student athlete to return to competition immediately.  During this four-week period the student must also attend eight (8) hours of drug counseling approved by the principal and at the parent’s expense.  If the second drug test is positive, it will be considered the student’s 2nd Offense.

2nd Offense:  The student athlete shall be suspended from the current sport for the remainder of the season.  They must also attend an additional eight (8) hours of drug counseling approved by the principal at the parent’s expense.  He/she will not be allowed to practice or play another sport for a minimum of sixty (60) days and up to one calendar year.  A follow-up drug test must be taken with a negative result before the student may be reinstated. (The follow-up test shall be conducted at the parent’s expense.)

3rd Offense:  The student athlete shall be excluded from participation in interscholastic athletics for a period of twelve (12) calendar months.  The student shall submit to drug evaluation in an effort to determine the necessity of drug counseling and /or treatment, which, if needed shall be at his/her expense.  At the end of the 12-month suspension, the student may return to any school athletic program if he/she submits to another drug test and submits written evidence that the test was negative.  This test must be performed at a certified laboratory or testing agency approved by the West Baton Rouge Parish School Board, but at the expense of the student and his/her parent(s) or guardian(s).

All test results shall be received by the Superintendent of Schools or his/her designee.  The parent(s) and/or guardian(s) of a student testing positive shall be immediately notified by the responsible person and/or medical review officer.  Such notification shall be confirmed in writing.  Further, the Superintendent or his/her designee shall immediately notify the principal of the student's school who will then, without delay, notify the school's athletic director.  The latter shall then advise the student as soon as possible.

A student or his/her parent(s) or guardian(s) may request a verification test from the specified testing agency, the cost of which shall be borne by the student and parent(s) or guardian(s), and shall be a test of the same specimen.  Should the student request a verification test from another laboratory or testing agency, the cost of the verification test shall be the responsibility of the student and his/her parent(s) or guardians(s), and shall be administered by a laboratory or testing agency approved by the West Baton Rouge Parish School Board.  Further, the verification test must be of the same specimen previously tested.  Moreover, the verification test shall be administered in accordance with the terms, conditions, and provisions of this drug testing policy.  Verification of test results will act as the only appeal to the conditions set forth in this policy.

The Superintendent or his/her designee shall implement guidelines that ensure the fair enforcement of this policy and maintain strict confidentiality.  The drug testing guidelines established herein are to be employed in conjunction with and in addition to other School Board policies which prescribe penalties for the possession of, use of, consumption of, being under the influence of, and/or distribution of illegal or prohibited substances on school grounds or at any school related functions.

The parent(s) or guardians) and the student shall release the West Baton Rouge Parish School Board, its members (both individually and in their official capacity), as well as any employee, teacher, principal or other school administrator or personnel from any liability in connection with this policy, the administration of the testing procedures and/or test results, any warranties addressing the accuracy of said tests and any and all medical or laboratory procedures employed by the referring laboratory.  It is expressly understood the West Baton Rouge Parish School Board assumes no responsibility for the diagnosis or treatment of any disease or condition that may become known as a result of any laboratory test(s) conducted in the implementation of this drug testing program.

Revised:  October 18, 2017

Ref:    La. Rev. Stat. Ann. §§17:81, 40:961, 49:1111

Vernonia School District 47J v. Acton, 515 U.S. 646 (1995)

Official Handbook, Louisiana High School Athletic Association

Board minutes, 8-11-99, 10-18-17

West Baton Rouge Parish School Board