Key Considerations in Developing A Student Drug Testing Policy

The broader the testing program, the greater the deterrent to drug use and the more students who can be helped.  Options include:

• All students, a method generally selected by private schools.  Public schools must consider federal and state regulations, which limit mandatory testing.
• Students engaged in extracurricular activities, which has been upheld by the U.S. Supreme Court.  Schools may opt to test students in all extracurricular activities, or limit the program to those in strenuous activities such as athletics.  Some schools have included students who drive to school in their testing program.  State regulations and legal precedents should be reviewed before deciding upon the scope of the program.
• Voluntary testing programs avoid the controversy of a mandatory program, but may not reach the most at-risk students.  Voluntary programs may be designed to require parents to “opt-in” or “opt-out”.
• Reasonable suspicion testing will remove an immediate threat to the safety and security of the school, but is not an effective deterrent to drug abuse.  Privacy considerations dictate that a teacher or administrator who suspects a student is under the influence of drugs must carefully document the reasons for their suspicion when requiring a student to take a drug or alcohol test.

• Start of the school year testing provides an annual evaluation of each student in the program, and is a strong deterrent to drug abuse during the summer months when a student may be most vulnerable.  When testing is limited to those in extracurricular activities, testing may be done at the start of each season.
• Matriculation is more limited, testing students only when they move up to high school or enter as transfer students.  Knowing that they will not be tested again during their school career, there is very little to deter students from future drug use.
• Random testing is a very effective deterrent, presenting each student with a possibility that they could be tested at any time.  The combination of randoms with testing at the start of the school year provides the most effective program.

Strong consideration should also be given to testing at the junior high level.  Survey data indicates that drug abuse begins at the 7th and 8th grade levels today, and many students enter high school with established drug abuse behavior.

Three methods of drug testing predominate, each with unique characteristics for particular needs:

• Urine testing is the least expensive method, but misses a significant number of users.  Most drugs flush from the system in a short time, so a urine test is only able to evaluate drug use over the last two-to-three days.  Unless a student has used very recently, they will pass their drug test and miss an opportunity to get help.  Also, a multitude of products are sold on the Internet that will help a student pass even random tests, eliminating the testing program’s ability to deter use.  Even 15 year-olds know how to beat a urine test.
• Oral Fluid testing reduces the ability to fool a test by substituting, adulterating, or diluting samples.  However, the time frame is even shorter than urine, with positive results only expected within 24 hours of use.  This is a good test for reasonable suspicion, where the issue is whether a student is currently under the influence of a drug, but it will not help a student who used more than a day before their test.
• Hair testing evaluates drug consumption over a period of several months, giving the most accurate picture of a student’s drug usage.  It is also highly resistant to evasion, simple to handle, and less intrusive than collecting body fluids.  Hair’s longer time frame also provides an opportunity for a re-test if parents need to be convinced of their child’s drug use.  Click here for more information on hair testing.

Whichever method is chosen, care should be taken to choose a drug test which has been cleared by the Food and Drug Administration.  This is your assurance that the test has been proven accurate and reliable.

To protect the student, and the school, it is critical that the results of drug tests be strictly confidential.  Key areas to cover are:

• How will the sample (urine/oral fluid/hair) be identified in the chain of custody from the collector to the laboratory ending with the results report?  Code numbers are more secure than individual’s names.
• Who will maintain the cross-reference of code numbers to names?
• Who will receive the results report, and in what format?
• Where will the results report and subsequent information be filed (in the student’s file or separately)?
• Which school personnel will have access to that file, and under what circumstances?
• Who outside the school will be able to access information on the student’s test (parents, counselors, law enforcement), and under what circumstances?

A key concern of administrators, students, and parents is what happens when a student tests positive for illegal drugs.  Each school should have a written policy to ensure that the testing program will help students in jeopardy rather than punish them.

Key considerations are:

• When and how will parents be notified?
• Which school personnel will counsel the students and parents, and how will they be trained?
• What resources (within the school and in the community) will be available to help students and parents?
• Will students be given an opportunity to take a second test to verify the first?  Given the time frame of the different testing methods, this may or may not be possible. 
• What are the sanctions for a first-time positive result?
• What follow-up testing will be required of students testing positive?
• What are the sanctions for a positive on a follow-up test?

As more schools implement drug testing programs, additional sources of funding are developing.  In addition to the general operating budget, options include:

• Federal, state, and local government grants
• Private foundations and businesses
• Fees added to tuition
• Fees assessed for participation in activities

The cost of a drug testing program consists of:

• Collection of the samples.  Some methods of testing can be easily accomplished at no cost by school personnel, while others require special facilities.
• Laboratory fees
• Third-party administrator fees (if a TPA is used)
• Medical Review Officer fees (if an MRO is used)