Random Student Drug Testing Frequently Asked Questions
1. What is the purpose of a random drug testing program for students?
The purpose of a random drug testing program is to deter student drug use and provide a means for the early detection of students with drug problems so that they can be referred for evaluation or treatment.
2. What gives DVRHS the right to randomly drug test students?
New Jersey Law, specifically N.J.S.A. 18A:40A-22, permits a board of education to adopt a policy for the random drug testing of the district’s students in grades nine (9) through twelve (12) who participate in extracurricular activities (including athletics) or who possess school parking permits.
3. Why single out certain kids? Why wouldn't DVRHS test all students?
The statute limits random testing to only those students who participate in extracurricular activities (including athletics) or possess parking permits.
4. What will the student be randomly tested for?
The student will be tested for the use of controlled dangerous substances, including anabolic steroids, as defined in N.J.S.A. 2C:35-2 and alcohol.
5. What happens if a student tests positive during a random drug test? Will the student be suspended from school or be issued discipline points?
The Random Testing Statute directs that any disciplinary action taken against a student who tests positive or refuses to consent to testing shall be limited to the student's suspension from or prohibition against participation in extracurricular activities (including athletics), or the disapproval or revocation of the student's parking permit.
Students who test positive may be referred for counseling or rehabilitative treatment.
6. What if the student refuses to consent to the random drug test?
The consequences would be the same as those of a positive result, and shall be limited to the student's suspension from or prohibition against participation in extracurricular activities (including athletics), or the disapproval or revocation of the student's parking permit.
7. If a student tests positive during a random drug test are law enforcement officials notified?
No. The Random Testing Regulation prohibits law enforcement notification. In the case of a positive test results during a random student drug test, law enforcement authorities will not be notified of these results.
8. Is this program the same as drug or alcohol testing for students who are suspected of being under the influence?
No. The random student drug test is separate and distinct from any other alcohol or other drug testing that might be administered in the school district, including the required medical examination of students currently suspected of being under the influence of alcohol or other drugs.
9. Who would conduct the test?
All testing must be conducted by the school physician, school nurse or a physician, laboratory or health care facility designated by the board.
10. Can you test my child without my permission?
Consent is required of all parents and students who wish to participate in the school district’s athletic program, extra-curricular program, or receive a school parking permit. Parents and students shall be required to sign a form consenting to the provisions of the program prior to participation in the activity or sport or the issuance of a parking permit.
11. How will I know if my child has been randomly tested?
A parent shall be notified in a confidential manner each time his/her child has been randomly tested.
12. Who pays for the test?
The Board of Education shall be responsible for all costs of the alcohol or other drug testing.
13. What must be included in a random drug testing policy?
The board must include specific procedural provisions regarding:
(1) the student selection process;
(2) the acquisition and management of student specimens;
(3) the standards for ensuring the confidentiality of the testing information and the scope of authorized disclosure;
(4) parental notification and the procedures for challenging a positive test result;
(5) the specific actions to be taken when a student tests positive or refuses to consent to the testing; and
(6) the guidelines for referral to counseling or rehabilitative treatment.