Random Drug Testing Policy - Questions & Answers

  1. Is there currently a policy on random drug testing?
    • No, the Board of Education received their first draft of a proposed random drug policy at their February 20, 2008 meeting.
  2. What was the impetus for this policy?
    • Over the past two years, the BOE received several presentations from the AHS administration regarding the effectiveness of the existing Substance Abuse Policy 5530
    • In 2007, students also raised a question of need to consider a random drug testing policy. The BOE requested additional information from administration.
    • After an extensive study, the AHS administration presented their findings to the BOE on January 16, 2008
    • At the January 16, 2008 meeting, the BOE requested that the administration draft a random drug testing policy.
  3. How can the public find out more information about the PROPOSED random drug policy?
    • The BOE will allow for public comment at their March 5th and March 19th meetings
    • On March 19th, a presentation will be made to the Board by Christine Steffner from the Office of National Drug Control Policy (ONDCP)
    • Public forums will be scheduled in both Millstone and Upper Freehold beginning in April and extending through June
    • Student meetings will be held in April, May and June
    • The District website, newsletters and A-Town Live will be utilized to share the progress of the Random Drug Testing Committee
  4. What will the format be for the March 5th BOE meeting?
    • Comments from the public will be received and recorded as they relate to
      • Questions that may exist on the proposed policy
      • Concerns that may require further study
    • All data gathered will be forwarded to the Random Drug Testing Committee for thier consideration
  5. What will the format be for the March 19th BOE meeting?
    • Christine Steffner, representing the Office of National Drug Control Policy (ONDCP), will present research findings and a national perspective on multiple preventive and proactive measures to control substance abuse in teens
    • The presentation will be followed by a question and answer period
  6. What does the PROPOSED policy say?
    • A copy of the first draft of the proposed policy can be found on the District website at www.ufrsd.net/ahs
  7. When will the BOE make their decision regarding the proposed policy?
    • A decision will be made after an exhaustive process of considering all perspectives and current research
    • The BOE seeks to make this decision based on the best interests of our students.
  8. Why are we considering random drug testing?
    • Medical research of brain functioning clearly indicates that drugs cause physical changes in the brain which can be long-lasting and in some cases, irreversible
    • If testing can reduce student's use of illicit drugs, it will remove a significant barrier to academic achievement
    • The expectation that students may be randomly tested serves as a deterrent to stop using drugs, or even start in the first place.
  9. What do the courts say about random drug testing?
    • The US Supreme Court upheld a drug-testing program for students involved in competitive extracurricular activities (Pottawatomie County et al. v. Earls et al.)
    • The NJ Supreme Court broadened the scope to include all pupil participants in athletics, extra-curricular and co-curricular activities, pupils granted parking permits for on-campus parking, pupils who have violated the District substance abuse policy and pupils who voluntarily elect to participate in the program with parental consent (Joye v. Hunterdon Central Regional High School Board of Education, 176 NJ 568 (2003))
    • Student confidentiality is protected by two important federal laws. The first is the Family Educational Rights and Privacy Act, which prohibits student records from being released including, drug and alcohol testing results, without the consent of the parents (20 U.S.C.1232g). In addition, student treatment records are protected by the Federal Confidentiality of Alcohol and Drug Abuse Patient Records regulations that carry federal criminal penalties for improperly releasing information (42 CFR Part 2. Section 2.1 (f)).
  10. If the proposed policy does move forward, who will be responsible for the testing?
    • The Committee is considering using an independent agency with a medical review officer certified by the Medical Review Officer Certification Council to administer the random drug tests.
    • The anticipated annual cost of the program (up to $5,000) is calculated upon a base fee for 10% of the school population.
  11. Where can I find research on this topic?